House bill proposed after child dies at daycare

Teeming with energy, 16-month-old Jamal Bryant Jr. was like any other toddler: He loved to eat — everything, his parents remembered, as they reflected on his short life. Jamal died from choking last year while in daycare.

Proposed House Bill 118 by Brunswick State Rep. Rick Townsend is designed to prevent the human errors that led to tragedies like the one that killed the toddler.

The bill proposes to revise requirements set by the Georgia Department of Early Care and Learning (DECAL) to add that such centers maintain at least one portable airway clearance device. It also will require that employees at early learning centers who provide direct care to children be certified in cardiopulmonary resuscitation (CPR). Existing regulations direct that such employees must receive CPR training within the first 90 days of employment, but the bill seeks to change that as well, according to Townsend. 

“It was just a tragic situation when you first hear about it and when I talked to a family member and understood the story, the worse it got, as in just it was just appalling that we had a 16-month-old who died,” said Townsend. “It was just sad for little Jamal that it happened and you can’t blame one person for it but after talking with the family and people in the industry, I found out we really didn’t have a requirement for that extra safety factor, which could or could not helped it. You know, that’s an unknown.”

The bill was sent to the House Hopper on Friday, Jan. 17, 2025. Townsend said the bill will go through the first reading on Monday and get assigned to a committee. It’s a long journey to becoming a law, but Townsend affirmed that he is “cautiously optimistic” given the bill’s bipartisan support.

“The way the bill process is here in Georgia it is not easy to pass a bill. Which is good. It shouldn’t be easy for a bill to pass. There should be a lot of discussion into it,” said Townsend. 

If passed, HB 118 would be retroactive, meaning all daycares licensed under DECAL will have to obtain portable airway clearance devices. Furthermore, those who apply to be licensed under DECAL will have to follow the mandates set by the bill before getting the license, according to Townsend. 

Jamal’s parents view the bill favorably but question if the ends justified the means for such legislation to be considered.

“If you think about it, man, it didn’t have to take this for it to happen. Why didn’t they already automatically have CPR and insurance? You have to have insurance for a car, so why not for children?” said Jamal Bryant, Sr., sounding vexed. “That daycare should have been shut down. They were turning a blind eye to certain things. I don’t know how or who was helping them do that, but the bill will be a start. I won’t say it’s perfect, but there’s still a lot more stuff we’ve got to get done.”

How did this happen?

Jamal passed away after choking two-inch square of watermelon at The Kid’s Nest in Brunswick. His 3-year-old sister had attended the center before he started going there. 

A DECAL investigative report revealed that the toddler was given a piece of watermelon while standing and walking around the classroom, also an infraction, Jamal then approached the staff while gasping for air, and the staff unsuccessfully performed CPR.

Additional DECAL reports described how a staff member attempted a finger sweep of Jamal’s mouth and the Heimlich Maneuver, but DECAL noted that the staff seemed disorganized during the emergency. The actions were not in line with the American Red Cross CPR guidelines for a child or infant, according to the report.

DECAL rules and regulations for childcare learning centers state that a staff member trained in CPR and first aid must always be on the center premises and any field trip whenever a child is present. All staffers who provide direct care to children must obtain first aid and CPR certification within the first 90 days of employment. 

After an annual licensing visit in October 2023, the center was ordered to gather trained staff for first and CPR requirements. On a second visit in April 2023, the order for the training was deferred. An improvement plan was set in place and mandated that they would obtain First Aid and CPR certification for all staff by the specified dates according to the rules.

“We had slight issues that could be handled, but nothing major for example, they gave him a pineapple and he had a reaction to it. But of course, we didn’t know that he was allergic. Just little certain things like that, but not a lot of issues,” explained Taylor Hicks, Jamal’s mother. 

‘People say it gets better but it doesn’t’

The pair who have been together for five years share a daughter and Jamal. They live in Darien and since there are limited options for early childcare in McIntosh County, it was more convenient to let their children go to school in Brunswick, where Hicks works at Southeast Georgia Health System. 

They describe the months since Jamal’s death as harrowing.

“I’m kind of in last year still maybe June or July…I haven’t moved into the New Year,” admitted Bryant Sr. 

“People say it gets better but it doesn’t,” Hicks confided.

Back in September the owner of The Kid’s Nest, Charles Grant decided to withdraw his appeal to the state’s decision to revoke the daycare’s license. The investigation found uncorrectable abuses and deficiencies in the operation, and the center was permanently closed. 

Townsend said he would be collaborating with fellow lawmakers and DECAL to find ways to strengthen the bill’s language. 

“We love him and we will not sleep until we get the proper justice for him,” said Bryant Sr. A GoFundMe collections site has been created to cover travel expenses for hearings, grief counseling and other needs.