February 3, 2025

Illinois Daycare Safety Crisis: From Tragedy to Systemic Change in Child Protection

A Tragic Case Reshapes Illinois Daycare Safety  

 Fifteen years ago, on January 14, 2009, a child’s death in the hands of a daycare led to many questions of child neglect and abuse. The daycare worker, Melissa Calusinski, was working at a daycare in a suburb of Chicago. According to Melissa, late that afternoon, after she put Ben Kingan down on the carpet and he crawled into his bouncy seat on the floor, she noticed something was wrong with the child. He would not wake when she touched him and had orange foam coming out of his nose. Ben was taken to the hospital and pronounced dead an hour later.  

 Subsequently, the police launched an investigation into his death. According to the police report, the pathologist told a detective that he observed a skull fracture, extensive bleeding inside Ben’s head, and that the injury “was caused by another person,” using “strong force,” “within hours prior to” Ben’s death. And yet, Ben had no cuts or obvious wounds on the outside of his body, no serious bruises. The pathologist listed the autopsy as “pending further studies.”  

 The Complex Nature of Child Injury Investigation  

 The state argued Ben had been a perfectly healthy toddler up until his death. The defense maintained that a couple months prior to his death, Ben had an injury that was so serious that any new impact could have had major consequences, and Ben did have a habit of throwing his head back. The defense also noted a bump on his head that was noticed a couple months prior. The state argued the prior injury was insignificant. The jury deliberated for seven hours before convicting Melissa Calusinski of aggravated battery of a child and first-degree murder.   

 A year after the conviction, Dr. Thomas Rudd, the new Lake County Coroner, agreed to review the autopsy evidence. He found an old injury he believed the prior pathologist missed, about two or three months — a time frame consistent with that bump on Ben’s head that was noticed at day care.  

Beyond Individual Blame: Examining Systemic Issues in Illinois Daycare Safety  

There may be too much focus on blaming an individual rather than understanding why the death happened. Perhaps if the daycare was better equipped to recognize signs of distress in children and be prepared with solutions, this child’s death would have been prevented. Or perhaps this daycare did not have enough supervision from staff. Daycare facilities are often understaffed and overpopulated, especially in rural areas.  

The statistics paint a troubling picture of childcare accessibility in Illinois:   

  • 70% of the population lives in “childcare deserts” – regions with not enough licensed slots for children.  
  • Over the past decade, Illinois has experienced a 33% decline in licensed childcare providers, losing nearly 4,300 facilities and about 38,000 licensed slots for children. 

Progress in Illinois Daycare Reform  

Efforts have been made to expand day care facilities through programs like Rebuild Illinois, a $45 billion, multiyear capital improvement plan passed in 2019. The program allocated $100 million for early childhood facilities. Unfortunately, in the first round of funding, only eight programs out of 238 applicants received a combined $55 million in January 2023, with most grants awarded in Chicago and suburban areas. No providers in the southern half of the state received funding, leaving the rural areas childcare deserts. A second $45 million round is planned, but no timeline has been announced.  

Nonetheless, the State of Illinois has made other strides towards daycare accessibility. As of January 2025, Senate Bill 3207 Amends the Child Care Act of 1969 and allows daycare centers to operate 24 hours or longer, providing care for a child for a period of up to 12 hours if the parent or guardian of the child is employed in a position that requires regularly scheduled shifts and a 10-hour period elapses between day care visits. This law provides that DCFS shall adopt rules necessary to implement and administer the provisions.   

While this new law can benefit parents that have untraditional work shift hours, it does not fix the problem of daycare deserts and lack of resources for daycare workers, such as those that could have prevented Ben Kingan’s death. The path forward requires continued vigilance and advocacy for stronger safety measures in Illinois daycare facilities. As we’ve learned from past tragedies, recognizing signs of distress, maintaining proper staffing levels, and ensuring adequate resources are crucial elements in preventing future incidents and protecting our most vulnerable citizens.  

A Call for Change in Illinois Daycare Safety  

As an attorney dedicated to protecting children’s rights, I’ve seen how gaps in Illinois daycare safety standards can lead to tragic consequences. The Ben Kingan case highlighted critical weaknesses in our child abuse prevention systems, particularly in daycare settings. While Chicago daycare regulations have evolved since then, we continue to face an Illinois childcare crisis that demands immediate attention.  

My work at Justice for Kids has shown me that protecting children requires more than just reacting to tragedy – it requires accountability and systemic change. Whether your child has been injured at a daycare facility, or you suspect abuse or neglect, it’s crucial to understand your legal rights and options.  

If your child has been harmed while in daycare, contact our Justice for Kids Division. Our team is dedicated to advocating for children’s rights and holding negligent facilities accountable.  


Julianna B. Walo, Esq.
Attorney, Justice for Kids
Kelley Kronenberg-Chicago, IL
754-888-KIDS (5437)
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