City Kids Daycare Discriminates Against Breastfeeding Mothers

Robin Neorr enrolled her daughter in one of the City Kids Daycare available in downtown Columbus Ohio, and was charged an additional $50 per week to care for her three month old daughter because she was breastfed. While Neorr's infant daughter was still receiving care from the City Kids Daycare she felt uneasy drawing negative attention to the discrimination. However now that she no longer depends on them to watch her child Neorr is fighting back.

Neorr was told by the City Kids Daycare that her milk was a hazardous body fluid that had to be kept separate from all other food. The bottles of pumped milk were kept in a separate refrigerator in the director's office and labeled as a biohazard. The daycare also claimed that they would have to purchase a separate warming pot for heating up the breast milk.

Chapter 12 of the Ohio Administrative Code covers the Rules for Licensed Child Care Centers and has specific rules outlining the care of breastmilk and infant formula in a daycare setting. None of those rules require keeping breast milk separated or require a separate warming pot.

The requirements as outlined by the Ohio Code state: If breast milk is provided by the parent or guardian, it shall be labeled with the child's name and the date of receipt and immediately refrigerated or frozen. Refrigerated breast milk shall not be stored for more than twenty-four hours. Breast milk shall be kept frozen no more than two weeks. If formula or breast milk is to be warmed, bottles shall be placed in a container of hot (not boiling) water or be placed in a commercial bottle warmer. The container of water shall be emptied and cleaned each day. The bottle shall be shaken well, and the milk temperature tested before feeding. Frozen breast milk shall be thawed under cold running water or in the refrigerator. The unused portion of formula, breast milk or food remaining in a container from which the infant has been directly fed, shall not be reheated or served again.

In contrast the requirements specific for formula use are as such: Bottles prepared at center: when infant formula is prepared by the center, it shall be prepared in conformity with written instructions from the parent or guardian, or physician. All powdered or concentrated formula shall be prepared according to the manufacturers' instructions unless written instructions from a physician or an advance practice nurse certified to prescribe medication are on file at the center. The center shall clean and disinfect all counter surfaces and equipment needed to prepare the formula. All equipment shall be washed in a dishwasher or scrubbed with hot water containing soap, and be thoroughly rinsed. Equipment not washed in a dishwasher shall be boiled for five minutes or more just prior to filling bottles. Handwashing facilities shall not be used for formula or food preparation or for rinsing or washing dishes and bottles. Handwashing facilities shall not be used for formula or food preparation, or for washing dishes and bottles or rinsing for reuse. Open containers of ready to feed and concentrated formula shall be covered, dated and refrigerated. Prepared formula and food shall be discarded if not used within twenty-four hours. Any formula or food to be stored at the center for any period of time, whether prepared by the parent or guardian or the center, shall be labeled with the child's name and date of preparation and shall be used only for the intended child. Until used, all formula or food shall be refrigerated immediately after preparation or upon arrival if prepared by the parent or guardian. Formula or food that is commercially prepared may not be required to be refrigerated until after opening. Formula and food shall be stored no longer than twenty-four hours.

Nationally the Centers for Disease Control do not consider breast milk to be a fluid that requires any special precautions. Also the Ohio Department of Health also does not consider breast milk to require any special handling.

Many mothers are outraged at the daycare charging breastfeeding mothers $50 more each week solely because they choose to breastfeed. Some in the Columbus area are planning to hold a nurse-in, where many mothers gather together to bring awareness to an issue concerning breastfeeding rights. Ohio has legislation giving mothers legal protection when they breastfeed in public.

Patricia Elam is the owner and operator of the downtown Columbus and Hilliard City Kids centers, and has been since 1989. You can contact City Kids Daycare by email at citykidsdaycar@aol.com or over the phone at (614) 464-1411 or (614)777-4320.