Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Due to the high-profile cases of Jessica Lunsford, Carlie Brucia and Sarah Lunde, the Florida Legislature expanded the Jacksonville-based Child Predator CyberCrime Unit 10-fold, which included adding a wide array of detectives, prosecutors and victim advocates. The unit had five offices statewide and made hundreds of arrests. The unit became so noteworthy that its director made an appearance on "Oprah," and was held out as a model for cracking down on sexual predators who use the Internet in their abusive acts. Although the unit appears to be one of the state's valuable resources, it was not prevented from falling victim to Gov. Rick Scott's vigorous budget cuts. The program's staff was dramatically decreased from a 34-person staff to just 15 and were moved to the Florida Department of Law Enforcement. The proposed plan is to keep only 6 out of the 15 investigators statewide. Critics of the cutbacks are concerned that the FDLE will not have the resources to implement the labor-intensive online investigations the unit's staff is use to conducting. For more details and criticisms read Gov. Rick Scott cuts back Florida CyberCrime Unit.

To keep children safe from online sexual predators, parents or guardians should use the privacy settings on their home computers. Parents and guardians should monitor their child's Internet use and block websites they fear subject their children to possibly coming into contact with sexual predators.

By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

The driver's license of a man who was driving a New York tour bus has been suspended after the bus he was driving rolled over and killed 15 of its passengers. The driver has been identified as 40-year-old Ophadel Williams. Information from the New York Department of Motor Vehicles has been turned over to the New York State Police and the State Inspector General regarding evidence of alleged false statements given by Williams. According to Howard Glaser, the governor's director of state operations, the information referred to for investigation includes driver license application containing false statements about the status of his license. Williams told police the incident occurred after he swerved to dodge a tractor-trailer that might have clipped the bus, which caused the bus to flip on its side and smash into poles. In light of Williams' criminal record and driving history, an immediate investigation was prompted. About 20 years ago, Williams reportedly fatally stabbed a man. He was convicted of manslaughter and served 3 of the 9 years he was sentenced, from 1992-1994. Williams was later convicted of grand larceny, he spend parts of the years between 1998-2002 behind bars. The tour bus had left the Mohegan Sun Resort and Casino in Uncasville Connecticut, and was bound for Chinatown in Manhattan. Of the 31 passengers aboard, 15 were killed in the incident and 7 sustained severe personal injuries. Williams suffered non-life-threatening injuries and has not been charged. For more on this story read Bronx tour bus driver's license suspended after bus crashes and kills 15 passengers, 7 more suffer severe personal injuries.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The license of a home-operated day care center has been suspended after a 17-month-old died in the provider's care. It was a playpen-related death. The reasons for the suspension were lack of adequate supervision and use of sound judgment by the provider. Police Lt. Ken Landwehr said the initial investigation indicated the toddler apparently got "caught up" at the top of the playpen while attempting to climb out, which probably led to asphyxiation. However, police are expecting an exact cause of death after reviewing the autopsy results. The day care provider found the toddler unresponsive and called emergency crews, who pronounced the toddler dead shortly after their arrival. An emergency order of suspension was issued by the Kansas Department of Health and Environment. The order identified the home operated day care center and Amys Lil Angels and the day care operator by Amy Shannon Waner.
To read more details on the emergency order issued please read Home-operated Kansas day care license suspended after toddler dies in provider's care.

The death of this toddler is a tragedy for the toddler's family and community. Child care providers must be educated on their products, especially playpens. Child care and day care providers must also know the weight and age limits and whether there has been any recalls of the playpens. Also, one of the most effective ways to protect small children is direct adult supervision.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, boating can be a fun activity for family and friends. Boating can also be a dangerous activity and even a deadly one when a boat capsizes. Because of these dangers and others, it is important to have safety precautions in place including but not limited to life jackets, life preservers, inflatable boats (room permitting and when available), first aid training, and captain / operator training. Near San Diego, California, it was reported that a sailboat capsized leading to the dead of two men and injuries to several other people who were in the boat. The incident took place in San Diego Bay. THe United States Coast Guard, harbor police, firefighters, and paramedics responded to the rescue and post rescue efforts. See Two Dead - 8 Injured - Sailboat Sinks off of San Diego, California.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Do bicycle helmets make a difference? Should a child wear a bicycle helmet every time that he or she rides a bicycle? Is the price of a bicycle helmet worth it? Should every parent or child care provider make sure that a child wears a bicycle helmet? The answer to all of these questions is YES. A bicycle helmet is an important safety measure that should be used every time that a child gets on a bicycle whether it is for a simple ride in the neighborhood or a longer bicycle ride. In Maricopa, Arizona, officials with the fire department reported that a boy was airlifted to a local hospital after suffering a bicycle riding related accident. The boy was knocked unconscious as a result of the incident. It was reported that the boy fell off of his bicycle to avoid hitting a van. A spokesperson with the Maricopa Arizona Fire Department reported that the boy avoided more serious personal injuries and more serious head injuries because the boy was wearing a helmet. See Maricopa Arizona Fire Department - Bicycle Helmet Saves Boy from Serious Personal Injuries Resulting from Bicycle Helmet.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, some people just think that clowns are creepy. Of course, there are a great many of people who think clowns are great and a source of wonderful entertainment and fun for children of all ages. Unfortunately, there are some clowns who break the law and give the profession of clowning a bad name. Many people use a position of trust or access to children to harm them. In Newport, California, it was recently reported that a party clown who worked under the name of "Tin Larin" was arrested in connection with an alleged rape of a 12 year old girl in 2002. DNA evidence was collected and catalogued after the incident. The clown at issue - Jose Guadalupe Jimenez - was subject to another investigation in which his DNA was collected. Mr. Jimenez is accused of kidnapping the girl and taking her to a school parking lot where he allegedly raped her. He then reportedly took the same girl to a motel where he molested the victim again. The girl was able to escape and later reported to authorities that she was attacked by a Hispanic male who was wearing clown make up and a mask. The science of DNA was the key to the puzzle of this unsolved crime of so many years ago. Jimenez probably thought that he got away with this crime and continued to work as a clown fro the past 9 years. See Clown Arrested in 2002 Rape in Newport, California.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Southern California couple is being tried for sexually abusing children at their residential day care center in San Diego. The San Diego Union-Tribune reported that 59-year-old Mark Kaczmarczyk was convicted by a jury of felony child abuse and lewd conduct on a child. He faces up to 10 years in prison. Prosecutors argued that, in 2007, Kaczmarczyk sexually molested a 2-year-old girl at his home-operated day care center in Mission Valley. Kaczmarczyk's 45-year-old wife, Anita, was also convicted of child abuse involving the same 2-year-old female victim and another 2-year-old boy.
She faces up to 6 years in prison. At trial, the defense argued that the female victim's father was the real suspect in her molestation and that the male victim was probably injured injured in a potty training accident. For more read Southern California couple convicted for abusing children at home-operated day care.

Parents enroll their children in day care centers with the hope and expectation that the child will be cared for in a supportive and safe educational environment. Unfortunately and tragically in some instances, children are abused and neglected in the very places (Day Care Centers) where the children should be protected.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police of Boyle Heights, California have arrested a 15-year-old boy who was captured on a surveillance video walking around naked at a preschool. Officers arrested the teenager after receiving a tip from a Boyle Heights resident who saw the video on television and was able to positively identify the suspect. The incident occurred at the Centro De Allegria Pre-school. The surveillance video shows the teenager wearing only socks and shoes and sexually arousing himself while walking around in circles for several minutes in the entry way of the facility. Before the suspect engaged in what a press release called "strange behavior of a sexual nature," the boy entered the facility and ransacked the offices, taking items such as money and keys. After stealing the items, the suspect undressed and began to sexually arouse himself. The school reported a similar burglary incident in November 2010 with the same suspect. Because the perpetrator is a juvenile, his identify is not being released by police. However, he is currently booked for burglary and is being held without bail. For more read 15-year-old arrested after walking naked through a Boyle Heights, California preschool facility.

By Mark Freedman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A man from Grand Rapids, Michigan has been sentenced for sexually assaulting a child in his home, where police say his wife ran as an unlicensed day care. Leroy George was sentenced to 12 months in Kent County Jail, five years probation, and six months of home confinement after he serves his jail sentence and will have to register as a sex offender. George pleaded no contest to one count of second-degree criminal sexual conduct. The two other counts of the same charge were ultimately dismissed. The alleged victim is younger than 13-years-old. The child victim informed her parents about the incident, which is how police were involved and ultimately led to George's July 2010 arrest. Investigators believe that the Georges ran the residential, unlicensed day care for at least three years. For more read Michigan man sentenced after pleading no-contest to 2nd-degree criminal sexual conduct in wife's unlicensed, day care.

It is essential that parents research the child care facilities in their area before selecting a facility for their children. Typically, a majority of states have Internet sources that can provide the names of licensed day cares as well as past violations.

By Mark Freedman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, a party of teens and high school students is often the site of dangers, personal injuries, and, yes, even death. It was reported that Zachary Harp, a 16 year old student from Owendale- Gagetown High School was hit by a car and dragged for approximately one block. He was later airlifted by helicopter to a local hospital but died as a result of the injuries sustained at the scene. The Tuscola County Sheriff's Office reported that the boy was transported at approximately 4:00 a.m. Another person tried to step in to offer assistance to the victim but this person was also hit by the vehicle. An autopsy will be conducted to determine the cause and manner of the death. Due to the facts and circumstances of the incident, a criminal investigation will be conducted as well. See Owendale-Gagetown teen dead after another teen runs him over, drags his body.

Teen parties can be a lot of fun but they can also be tragic as well. When going out that night, who would have expected that a 16 year old would have died? A strange course of events transpired but it is not that strange for there to be violence and danger when there is a congregation of teens and high school students late at night.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

How old should a child be for placement in a front facing car seat? How long should a child be kept in a rear facing car seat? These are excellent questions. Research and study of children in automobile accidents over the years has led pediatricians to issue the recommendation that children ride in rear facing seats until the age of 2. This recommendation came from the American Academy of Pediatrics. It was reported that children under the age of 2 have a decreased probability of injury if they are placed in a rear facing seat. Unfortunately, car accidents are the primary or leading cause of death of children over the age of four. It is estimated that approximately 1500 children under the age of 16 die in automobile accidents every year in the United States.

According to Dennis Durbin, a pediatrician based at Children's Hospital of Philadelphia Center for Injury Research and Prevention, rear facing child car seats do a better job of supporting the spine, neck, and head in an automobile accident. For more information about the study of child injuries in automobile accidents and the recommendations of pediatricians, see Children should ride in rear-facing car seats until age 2.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A two-year-old child was hospitalized in critical condition after the child was hit and run over by a car outside a child care center in south Tel Aviv. The incident occurred around 8 a.m. after one of the center's three children wandered outside and into the day care center's parking lot. The husband of the day care's owner drove up to the center to pick up the couple's nine children and take them to school when he heard a loud blow and then screams by his wife and other bystanders. The husband stop and exited his vehicle to find the toddler lying motionless under the wheels of his automobile. The toddler, who sustained a head injury, was immediately taken inside the child care facility , where he remained until paramedics arrived and attempted to stabilize him. The 2-year-old was transported to Tel Aviv's Sourasky Medical Center in critical condition. Police questioned the center's operator on the suspicion of negligence and find out how the child could have left the facility without anyone noticing. Traffic police also investigated the car accident. Both investigations are still ongoing. For more read 2-year-old in critical condition after struck by car in Tel Aviv.

Constant supervision of children is one of the best way to prevent children from sustaining personal injuries.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Seven children had to be evacuated from a residential day care center in Alameda, California, after a fire broke out at the center. Fire fighters were able to extinguish the flames within 30 minutes and, luckily, no one was hurt or personally injured in the fire at Marva's Happy Town FCC. Marva Lyons, owner of the day are, said all the children were taking naps when the fire broke out. The day care center also serves as the home for Lyons, her adult daughter, and 6-year-old granddaughter. Lyons said she went upstairs after she heard a pop and immediately saw the amount of smoke. Lyons waited down the street with the children while fire fighters searched for hot spots inside the home. Also while waiting, Lyons was hurriedly flipping through her contact book to notify the parents of the children about the incident. Acting Fire Chief Mike Fisher said the fire began upstairs, and although there were not many flames there was a lot of smoke. The cause of the fire remains under investigation. For more read 7 children safely evacuated after fire breaks out in Alameda, California day care.

Owners and operators of residential day care centers, as well as non-residential centers, need to ensure that their facilities are properly equipped with smoke and fire prevention devices. Every child care center should have properly installed and working smoke detectors.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 7-year-old child was transported to a local New Jersey hospital after the child fell from a chairlift at the Campgaw Mountain Ski Area in Bergen County. Bergen County Police spokesman Lt. James Giblin confirmed the child sustained a head injury as a result of the fall. Before being transported to the Hackensack University Medical Center, the child was reported alert and conscious. Campgaw Supervisor Ron Fuhr said the boy fell anywhere between 15 and 20 feet. The boy fell off the chairlift as it was approaching the unloading station and the safety bar had been raised. Fuhr said this was normal procedure and the child had just scooted too far forward. No charges have been filed in the incident, however, it is still under investigation. For more read 7-year-old boy falls from chairlift at Campgaw Mountain Ski Area in Bergen County, New Jersey, sustains personal injuries. There is no information as to whether the child was accompanied by an adult or other competent person while riding the chairlift. When small children are concerned, the best approach to take in preserving their safety or preventing them from sustaining personal injuries is to maintain constant and incessant supervision. Some times, children are unable to appreciate the dangerousness of their environments. Therefore, having an adult or other competent person providing constant supervision is highly likely to reduce any risk children may have at sustaining bodily harm or other personal injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska and other States, parents bring their children to day care centers with the hope and expectation that good care will be provided and at the end of the day the child will be healthy, happy, and ready for pick up to go home. Unfortunately, not all days spent in a day care center are so idyllic and, in some instances, a child suffers serious personal injuries and even death in a day care center. Some personal injuries and deaths are unexpected and could not be prevented even under the best of circumstances but other deaths and injuries could be prevented with better supervision, more timely medical care, and compliance with the State and local day care regulations.

Omaha police are investigating a recent death of a 4 month old who was being cared for in a day care center. The child was found unresponsive in the day care center and then taken to the hospital for care and treatment. Unfortunately, the child died and the family must now make final arrangements for a life lost at such an early age. In most unexplained deaths of this nature, there is an autopsy to determine the cause of death, the preventability of the death, and any other medical conditions or problems for the child. You can read more about this story at Infant Dies After Being Rushed to Hospital From Daycare.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Detroit, Michigan, a second grader reported to city firefighters that her friend fell into a open storm drain that had no cover on it. Firefighters sprung into action to search for the missing girl. Rescue crews lowered two firefighters into the hole to continue the search. As it turns out, the report by the second grader was a fib or a hoax. The friend who supposedly fell into the storm drain was found safe somewhere else. The manhole / storm drain cover was replaced and the area is now a bit safer. While no one was harmed, the report did utilize the services of Detroit's firefighters who may have been needed in another emergency somewhere else. See Girl Caught in Storm Drain is a Hoax.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The operator of a Houston, Texas residential day care who was recently charted with reckless injury to a child has fled to Nigeria. Texas authorities have asked the U.S. Marshal's Office to intervene in an attempt to have Jessica Tata extradited back to Houston. Tata was charged after a kitchen fire broke out in her day care. Tata was not at the home when the fire occurred, leaving seven children unattended while she allegedly went grocery shopping. 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas' child care rules, Tata should not have been caring for more than 6 children older than 18-months. She was charged in connection with the death of 3-year-old Shomari Dickerson. If convicted Tata could face up to 20 years in prison, it is still unclear if she could face additional charges. For more details on the fire please read Kitchen Fire in Houston Texas Day Care Center Leads to Deaths of Three Children.

As the operator of a child care facility, Tata had the duty to supervise and care for the children in her custody. Leaving children unattended violates a caretaker's affirmative duty and responsibility to provide constant, attentive care and safety for her children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

South Carolina is one of six states that do not have laws regulating All-Terrain Vehicles (ATVs). However, this could change if a new law, named Chandler's Law is voted into legislation. The law aims to reduce child personal injuries for those children who ride operate ATVs. Chandler's Law would require all young ATV riders to complete an ATV safety course, wear a helmet and ride with an adult while traveling on public land. The law comes at a time in when ATV-safety awareness is on the rise in South Carolina. According to South Carolina's Health Department, in the last 10 years, 63 children under 17-years-old have died in ATV accidents. Of those deaths, 40% were children younger than 9-years-old. The new law is also getting support from local doctors. Dr. Keith Borg, an Emergency Room doctor at the Medical University of South Carolina, says the amount of children treats with traumatic brain injuries as a result of riding or operating ATVs is staggering, usually resulting in paralysis or death. For more details please read South Carolina proposes new bill to increase safety for young ATV riders.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

If passed, a new Minnesota bill would require stricter CPR training requirements for the state's child care centers. The bill would require training for all teachers and assistant in child care centers. The current law in Minnesota only requires one person trained in CPR to be present at the center. The bill was introduced by two Minnesota lawmakers after the tragic death of a 4-year-old girls in North Mankato. Hannah Kozitza died in June 2010 after choking on a grape at her day care facility. For more see New Minnesota bill could require stricter CPR requirements for workers in the state's child care centers. By requiring more child care employees to be trained in CPR, more staff members will be available to aid the children in case of an emergency. The more safety at child care centers can be increased, the better our children will be cared for.

Other state Legislatures have increased the safety at child care centers by imposing stricter screening and background check procedures for employees and installing new technology in the centers that allow parents to watch their children while at the facility.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Due to an increasing awareness and concern about a child safety at day care centers, Kendra's law has been on the books in South Carolina since August 2010. A consequence of the law is that people are starting to pay more attention to what goes on into child care centers. The law seems to come at a perfect time. The National Child Abuse and Neglect Data reported more than 1700 child deaths were reported in 2007. Some day care centers in South Carolina are easing parents mind by installing new technology in the facilities. Essential Childcare has placed cameras all throughout the center allowing parents to watch their children from a secure website or mobile device. The center has made the process of pick-up and drop-off digital as well. The only people who can pick up a child must be registered in the system ahead of time. A person picking up a child at Essential Childcare will have to be registered in the system ahead of time, touch his/her finger to a machine, and then input a code to unlock the doors. The new technology developments are the result of putting safety at the forefront of child care. For more please read South Carolina child care center implements technology for increasing child safety.

Allowing parents to oversee the care provided to their children will not only increase trust in child care centers and its employees but the children will benefit significantly. The heightened security in the drop-off and pick-up processes will decrease child abduction and video cameras will allow parents to bring something to a day care providers attention that may have otherwise been missed.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sara Beth Whited, 48, owner of a residential child care center in Casper, Wyoming, has been charged with one count of child endangerment for an incident that occurred in October 2010. Whited was charged for her alleged role in the death of 3-month-old Tyler Parker. Nicole Parker, the infant's mother, found Tyler unresponsive inside a bedroom at Sara's Child Care, Whited's day care facility operated out of her Vista Way home. Parker told investigators she found her son around 3:30 p.m., he was "cold to the though" and his face appeared "bluish and purplish." Parker tried to perform CPR on her son, but her attempts failed because his jaw was "locked shut," according to an affidavit from the case. The affidavit also states that Tyler was found "swaddled in a blanket" with "his arms tightly pulled down to his body." An autopsy revealed the cause of death to be "asphyxia by bedding due to the fact of the infant being swaddled and placed on a soft foam bedding." According to the rules and regulations governing day care providers, infants must be placed on their backs for sleeping unless a licensed physician says otherwise and provides a waiver. No waiver exists in the instant case. There is some debate about the frequency Tyler was checked on after he was put down to sleep. In an interview with detectives, Whited stated she had checked on the child numerous times, usually about every 10-20 minutes. However, authorities say the facts do not support this claim. The affidavit states the child must have been dead for a considerable period of time before her was discovered. Upon being discovered, the unresponsive Tyler was taken to Wyoming Medical Center where he was pronounced dead. If convicted, Whited could face up to a maximum of on year imprisonment. Whited is represented by an attorney and will be presumed innocent until proven guilty. For more please see Casper, Wyoming day care owner charged after child dies from asphyxiation in her care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In what may be the first study to analyze data concerning nonfatal crib-related personal injuries in children younger than 2-years-old, the amount of child personal injuries was alarming to researchers. The study was published in the journal Pediatrics and analyzed data for 181,654 injuries related to cribs, playpen and bassinets from 1990 through 2008. The study revealed that dozens are children are personally injured daily as a result of falling from their cribs. In 9 of 10 cases the child was alone when the fall occurred and most injuries were sustained to the head and neck of the child. Of those children injured, 2,140 children (1.2%) died, usually as a result of becoming trapped or wedged in the crib. One method of prevention is to adjust the height of the crib's mattress as babies start to grow and are able to pull themselves up and out of the crib. However, even the most alert caregivers can be caught off guard. According to Dr. Gary A. Smith, director of the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio, children are not standing one day and the next they are taking off, thus catching parents by surprise. Crib safety awareness has increased due to the recent nationwide ban on drop-side cribs. Starting in June 2011, new mandatory safety standards go into effect for cribs. For more read Cribs prove to be dangerous and fatal for babies and children.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother's boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy's body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as "heinous." 33-year-old Sandra Augusto, the child's mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 4-year-old New Bedford boy sustains "heinous" beating, mother and boyfriend arrested.

Both suspects are entitled to legal representation to defend against the criminal charges by a private criminal defense attorney or by the public defender's office. Physical violence committed against a child invades the child's right to be free from bodily harm. Although children are unable to seek action against their abusers themselves, the State of Massachusetts can prosecute the abusers as well as designate a Guardian Ad Litem or other legal representative to protect the child's rights and interests.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Lufkin, Texas, police are currently investigating a possible injury to a child case after they were notified of suspicions of child abuse / neglect by hospital personnel. 30-year-old Julia Goodwin of Lufkin, brought a one-year-old unresponsive child to Memorial Hospital's Emergency. Standard drug tests done by the hospital revealed the child had ingested a dangerous drug, possibly PCP. Under Texas law, doctors and nurses are considered mandatory reporters of child abuse. These Texas medical providers have 48 hours to report their suspicions from the time they are made aware. Both doctors and nurses are taught to always be aware of warning signs: bruises of different healing stages on the child's body and inconsistent stories about how the injury occurred. The investigation of the infant is ongoing and no charges have been filed as of the time that this new story was released. For more read 1-year-old suspected to have ingested dangerous drugs, possibly PCP.

A key method to stopping child abuse is to report the abuse or any suspicions of abuse you may have. Reporting the abuse to local authorities will prompt a criminal investigation and hopefully stop the abuse from occurring.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Jessica Tata ran a day care center in Houston, Texas. She ran the day care center but did not run it well. On February 24, 2011, there was a fire at the day care center that caused the death of 4 children under Tata's care. It was reported that there were no adults in the day care center when it was on fire. Law enforcement officials have charged Jessica Tata with the crimes of reckless injury to a child, abandoning a child under the age of 15, and manslaughter. It is believed that Tata fled to Nigeria. Currently, Jessica Tata is on the FBI (Federal Bureau of Investigation) 15 Most Wanted List. See Day Care Owner Added to "Most Wanted List".

Hopefully, law enforcement authorities will be able to track her down and get Ms. Tata in custody to face these most serious criminal charges. Yes, Ms. Tata will be entitled to defend herself from the charges but it may be an uphill battle to justify or excuse her conduct. With the power of the Internet and Technology, Ms Tata may not be safe or immune from arrest even in Nigeria. Where in the world is Jessica Tata? If you see her or happen to know or hear of her whereabouts, contact your local law enforcement office or the FBI (Federal Bureau of Investigation).

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Three children were tragically killed in a kitchen fire that occurred at the children's Houston, Texas, residential daycare. Rick Flanagan, spokesman for the Houston Fire Department, said the victims ranged in age from 18-months to 3-years-old. The day care's operator, 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas' child care rules, Tata should not have been caring for more than 6 children older than 18-months. Michael McAndrews, a 50-year-old witness who lives near the residential day care, said Tata stated she went to the bathroom at the facility and upon returning the kitchen was on fire. When firefighters arrived at the scene, Tata and two injured children were outside the flaming home, the other five children were trapped inside. Firefighters had to use thermal imaging cameras to find some of the children. Firefighters had to perform CPR on 4 children, who were unresponsive. Some children sustained burns while others suffered from smoke inhalation. Jennifer Hart, spokeswoman for Children's Memorial Hermann Hospital, stated that one child was transferred to the Shriners Hospital burn center in critical condition and two other children were at a Houston hospital, one also in critical condition and the other in good condition. Around a year ago, the facility, which is registered as a "child-care home," was cited by the Texas Department of Family and Protective Services' Child Care Licensing division for not having a fire extinguisher. DFPS spokeswoman Gwen Carter said Tata had correct the problem. For more see 3 children tragically killed in a Houston, Texas, child-care home kitchen fire.

The deaths of these children are tragedies for their families and communities. Adult-to-child ratios are limited to enable the adult to provide adequate and proper supervision of each child in his or her care. Child supervision is key, if not primary, method in the prevention of child personal injuries and injury-related deaths in Texas Day Care Centers.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An 18-month-old girl of San Antonio, Texas, is recovering from second- and third-degree burns she sustained while she was taking a bath. According to the arrest warrant, the girl's 18-year-old babysitter, Juan Valentine Castillo, left the toddler unattended in the bathtub. Castillo claims that while unattended the little girl turned on the hot water and burned herself. Castillo has been arrested and charged with "injury to a child -- assault -- serious bodily injury," and remains in jail with a $65,000 bond. Child Protective Services began to investigate the case after the toddler was transported to Christus Santa Rosa Hospital by her foster parents. The victim was eventually transported to University Hospital due to the severity of her burns. The arrest warrant reveals that doctors diagnosed the child with immersion burns and showed signs of abuse. Castillo told police he was the only person caring for the child at the time of the incident and claimed she adjusted he water setting on her own. Castillo was initially taken into custody on outstanding warrants for drug possession and assault. For more details see 18-month-old girl sustains second- and third-degree burns from bath water, babysitter arrested and charged with injury to a child.

Castillo is entitled to an attorney and to defend himself against the charges pressed. Regardless of the presence of abuse in this terrible incident the lesson here is simple: child supervision is critical. Infants, toddlers and children are unaware of the dangers around them. It is therefore the responsibility of parents, guardians, child care providers and babysitters to protect children from personal injuries the children do not know exist. The best method of prevention is constant and incessant supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care owner in Adams County, Pennsylvania, who is accused of not reporting acts of child sex abuse at her day care, has waived her arraignment. The former Aspers day care employee recently pleaded guilty to molesting six girls who attended the day care, which is located at the 100 block of Clines Church Road. Police were notified by Children and Youth in May 2010. After local police were presented with the sexual abuse allegations, other mothers of victims came forward. A sign is posted on the front door of the residential day care reading that the child care center is closed until February 21. Sadly, the Adams County Child Advocacy Center stated the number of reports of child abuse is increasing, also calling it an epidemic. A statistic in a local Pennsylvania newspaper stated that one in every four girls and one in every six boys will be sexually abused before they turn 18-years-old. All the six girls in this case who were sexually abused are now receiving help. Raymond Messinger, the man who admitted to sexually abusing the young girls, will be sentenced in March 2011. For more read Pennsylvania day care owner accused of not reporting sexual abuse waives arraignment.

Not only do day care owners, providers or other child care employees have an affirmative duty to report any suspicions or allegations of child sex abuse, but doing so will get local law enforcement involved and stop any further acts abuse.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 32-year-old director of an Austin, Texas, day care center has been indicted on a capital murder charge. Christina Suzanne Lyons was charged after a 10-week-old child left in her care died. The Hays County (Texas) Grand Jury returned the count against Lyons; the indictment accuses her of intentionally causing blunt force trauma to the infant's head on November 18, 2010. Sherri Tibbe, Hays County District Attorney, told a local paper that her office will not seek the death penalty, meaning Lyons could face a life sentence without parole if convicted. For more see Austin, Texas day care director indicted on capital murder charge of 10-week-old infant.

The death of this infant a tragedy for the infant's community and family. Lyons is entitled to an attorney and will be presumed innocent until proven guilty. Day care providers, directors and other child care employees are employed to give care and provide safety for children when parents are unable to look after their children because of work, school or other obligations. Because day care workers are given such an important duty of care, state legislatures are enacting stricter screening procedures and background checks before prospective day care employees. Parents should also do their own research for selecting the most suitable day care facility for their family. For more on researching child care centers see Important Factor in Selecting a Day Care Center - Instincts of Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Olympia child care teacher and live-in baby sitter has been arrested on suspicion of raping a 5-year-old boy. The alleged rape occurred at the boy's home where 20-year-old Elisha Tabor was a live-in babysitter. According to court papers, Tabor has been arrested on suspicion of first-degree child rape and first-degree child molestation. Tabor was an assistant teacher at the Olympia Early Learning Center from 2008 - 2011, taking care of and teaching preschool-aged children. According to Renee Dey, business manager of the center, Tabor quit for "personal reasons" after a parent made allegations against him; Dey was unaware of what the allegations were. Rose Horgdal, program director for the center, stated there are no indications that any abuse took place at the child-care center. However, parents will be notified that an arrest has been made. Tabor admitted to police during an interview about repeatedly raping and molesting the boy while he lived with him. For more please read Former Olympia teacher and live-in babysitter accused of raping 5-year-old boy.

By Joshua Shulman, Attorney, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Oregon State Police believe that two teenage boys drowned after waves swept the boys off a rocking outcropping and into the ocean. According to Lt. Gregg Hastings, the body of 18-year-old Connor Gregory Ausland was found. However, authorities have yet to find 17-year-old Jack Harnsongkram. Both young men are residents of Eugene, Orgeon, and were students at South Eugene High School. Hastings also stated that the two teenagers were visiting the area, near Smelt Sands State Park in Lincoln County, with a group of other teens and adults. A local television station reported that a third teen was also knocked into the surf by the powerful waves but manages to get out safely. Police believe that both Ausland and Harnsongkram drowned. For more details please read Two Oregon teens believed to drown after being knocked into surf by powerful waves.

The deaths of these two young men are a tragedy for their family and community. With temperatures rising, many people are participating in more water-related activities. Thus, it becomes that time of year where water-related personal injuries and deaths are also on the rise. Children and adults need to be aware of powerful currents and should not go into the water if they are feeling the slightest bit fatigued.