Child Injury Lawyer Blog

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Spring and Summer weather brings out reports of drownings and near drownings in Southern States like Florida and Georgia. Tragedy took place in Glynn County when a 7 year old boy (Walter Copeland, III) died a Glynn County apartment complex. The incident took place at the Glynn Place Apartments. The boy was later pronounced dead at the Southeast Georgia Health System in Brunswick, Georgia. Unfortunately, many apartment complex pools later lifeguards and other adult supervision to insure the safety of children. Whether it is because of funding, finances, or available staff, many pools go unmonitored and unsupervised despite the risk to children. It is well known that swimming pools are attractive nuisances to children. In other words, children often see the fun and sport of a swimming pool more than the risk and danger. Any swimming pool poses a risk of danger to a child. Yes, even the shallow end of the pool. You can read more about this story at Glynn Police Investigating Brunswick Boy's Drowning.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills/Treatment, Damages / Compensation, and Injuries at Water Parks, Water Ways, and Swimming Pools as well as other topics. Parents can request this free child injury book at Free Book for Parents of Injured Children. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Raleigh, North Carolina, a family, neighborhood, and community are in grief over the unexpected and tragic death of a 5 year old girl (Nadia Hines). The little girl was simply playing outside in her front yard on a Sunday afternoon when a vehicle when out of control and hit young Nadia in the front yard. What a tragedy for any family to deal with. A home including the front yard should be a safe haven for a child not a place where a child takes her last breath. You can read ore about this story at 5-Year-Old Killed by Car in Raleigh, North Carolina.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Child abuse is described as any act of commission or omission that endangers or impairs a child's physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often accompanied by an injury or series of injuries appearing to be non-accidental in nature.

A three–month-old Anthony Peoples Jr. was found unresponsive at a day care center in Barnwell, South Carolina. An autopsy was performed on Thursday, but the results are still pending. The child care center where the incident took place is currently closed. The Department of Social Services (DSS) and the police have launched an investigation to determine what happened. The DSS will cite any regulatory violations discovered in the course of the investigation.

Despite the efforts of the South Carolina child protection system, child maltreatment fatalities remain a serious problem. Although the deaths of children due to illness and accidents have been closely monitored. Child deaths that result from physical assault or severe neglect can be more difficult to track because the perpetrators are less likely to reveal information about the incident. For more information on this topic, see Updated: infant found dead at Barnwell County home day care center.

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

A day care worker was arrested for allegedly injuring a young child in Huntsville, Texas. A 10-month-old was treated for bruises to the face, neck, and torso at Huntsville Memorial Hospital, and then transferred to Texas Children’s Hospital in Houston for observation. The baby was released to the parents the next day.

A police investigation led to the arrest of Allison Nicole Ross who was responsible for the care of the infant on Wednesday. According to the police, Ross, 29, confessed to causing the child’s injuries and was charged with injury to a child, a third-degree felony. The owner of the Huntsville day care center has been cooperative throughout the investigation.

Every day children in Texas and nationwide suffer from an epidemic of child abuse and neglect. According to the National Child Abuse Statistics, over three million reports of child abuse are reported in the United States a year. In addition, every ten seconds a report of child abuse is made, and almost five children die every day as a result of child abuse. More than three out of four of these children are under the age of four. If you know or suspect that a child has been abused, call the National Child Abuse Hotline immediately at 1-800- 4- A- Child. For more information on this topic, see Day care worker accused of injury to a child.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Spring and Summer months in Southern States like Georgia and Florida are brutally hot. Unfortunately, children and pets are often times mistakenly left in a hot vehicle during these hot weather months. A horrible tragedy was recently reported in Kennesaw, Georgia where a five month old died after being left unattended in a hot vehicle outside of the Ivy Hall Day School. It was reported that a family member arrived at work at the Kennesaw day care center for work. The family member forgot about the infant in the vehicle who was sleeping at the time of arrival at the day care center. When the child was finally discovered in the vehicle, attempts to revive the child failed. She was later pronounced dead.

The temperatures in the Kennesaw / Atlanta area at the time of the incident were in the 80s. The temperature inside the vehicle were much hotter and in all likelihood caused the death of the this young child.

The distractions in life are constantly present. However, it is important for every parent, babysitter, day care provider, and caregiver to make the safety of the transportation of the child and the removal of the child from a vehicle a priority so that incidents like these are avoided in the future. You can read more about this story at 5 Month Old Infant Dies in a Vehicle Outside of Kennesaw Day Care Center.

It is difficult and challenging for a parent to deal with the injury or loss to a child. At times, the advice from a Child Injury Attorney can help answer questions by a parent including the payment of medical bills, funeral expenses, available insurance, and other matters. The book titled - The ABCs of Child Injury - is a free resource available to parents and others in need of information regarding child injuries. The book has chapters on Medical Bills and Treatment, Damages / Compensation, Day Care Injuries, Playground Injuries, Automobile Accidents, and other topic. You can go to the Child Injury Lawyer Blog - Free Child Injury Book - What Every Parent Needs to Know. A free book will be sent to you after you complete the brief request form. If you want a book for your e-reader, you can purchase the book for $4.99 through Amazon, Barnes & Noble, and Apple iBookstore.

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

When parents drop their kids off for day care in Vermont, how can they make sure they will be safe?

The State of Vermont is in responsible for the licensing and oversight of child care centers. There are seven inspectors statewide, and each year they conduct 1,200 visits and find roughly 890 violations. Last year 10 child care centers were shut due to violations.

Statistics prove that three out of 10 children require medical treatment as a result of an accident. In fact, more children die each year from injury related accidents than from any other cause. Most of these injuries can be prevented. Jeanette Fisher, a licensing field specialist, said parents should not be afraid to make a surprise visit to their child’s day care center. Parents should inspect their day care to make sure the following safety measures are met and maintained:

- telephone numbers for the police, fire department, hospital, ambulance and poison control center are posted by each telephone
- fire detectors are in working order
- stairwells are closed off with properly installed gates
- electrical outlets have plastic covers
- furniture and equipment are free of splinters, rusty nails and lead paint
- the first aid kit is within easy reach and is completely stocked
- proper supervision

Most Vermont child care centers are safety conscious and will welcome a parent's inspection. However, a center that does not allow a parent to inspect the premises for safety concerns or does not remedy any concerns after repeated requests by the parent to do so should be reported to the local licensing board. For more information, see
Inspecting day care centers.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sexual harassment in schools is unwanted and unwelcome sexual behavior that interferes with a student’s right to receive an education. The problem is more prevalent than you might think because most students who become victims are too embarrassed or scared to report sexual harassment. Sexually harassing behaviors range from words (written or spoken) and gestures to unwanted physical contact that can cause a substantial interference with a student’s schoolwork or ability to participate in extracurricular activities. Some instances of sexual harassment may also be criminal acts such as assault, rape, and child abuse.

Sexual harassment is against the law. The federal law that prohibits sexual harassment in schools is Title IX of the Education Amendments of 1972, which prohibits any person, on the basis of sex, to be subjected to discrimination in an educational program or activity receiving federal financial assistance. Most states also have laws that prohibit sexual harassment in education.

Ryan Zellner, 32, a former Wisconsin social studies teacher and girl’s basketball coach was sentenced to 15 years in prison and another 18 years on probation for having sexual relations with female students. He was convicted of having inappropriate relations with 11 girls while teaching and coaching at Green Bay Southwest, West De Pere, and Kiel high schools over the past 8 years. One victim testified at Zellner's hearing, “Nearly every relationship I’ve been in has been ruined because of the walls that I put up because of him.” Manitowoc County Judge Darryl Deets said Zellner’s crime was severe and deserved a severe punishment. For more information on his sentencing, see Ryan- Zellner to be sentenced today.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Marquise Bessllieu, 17, a Georgetown High School (South Carolina) basketball player is recovering after being stabbed outside Georgetown Presbyterian Church. Police arrested the attacker who was later identified as 24-year-old Maliek Gibbs. Bassllieu first encountered Gibbs during the basketball game when Gibbs took the basketball. A few minutes later Gibbs stabbed Bessellieu in the abdomen outside in the parking lot.

Bessllieu had surgery and his family said he is recovering from his injuries. He is expected to face 6 weeks of recovery time and will likely miss the remainder of the school year. Gibbs faced a judge last Friday and was given a $25,000 bond. If the State pursues charges against Gibbs, he will be entitled to the services of a Louisiana criminal defense lawyer or the services of the local public defender's office. An arrest does not automatically mean that there will be a plea deal or a conviction.

Allowing your child to get involved in extracurricular activities outside of school is a wise choice, and it can be very important in helping them to develop many working skills, people skills, and more. However, Louisiana parents should make sure that the activity is taking place in a safe environment with adult supervision. For more informatoin on this story, see Player stabbed after basketball game at church.

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

A day care center located in New Jersey was evacuated after a car crashed into the front reception area of the building. Luckily, no children or workers were injured. The driver of the car, however, was injured, but the extent of his injuries is unknown. Firefighters were able to repair the side of the building, and the children were able to resume class.

Parents in New Jersey depend on day care centers to provide a safe environment for their children. However, sometimes unexpected emergencies can occur which are outside of a day care center’s control. Every day care center should develop an emergency plan to protect children and employees within a facility. The plan should be developed with input from day care administrators and parents and should be rehearsed periodically.

All plans should address the following four areas: mitigation, preparation, response, and recovery. Mitigation involves taking steps to reduce an emergency and is achieved through a risk analysis of possible events that are likely to occur on or near the facility. Preparation involves having a well thought out plan in case of emergency which is rehearsed periodically. How quick recovery occurs after an emergency depends largely on pre-emergency planning and mitigation efforts. Child care centers in New Jersey as well as nationwide contain a large percentage of young children. Therefore child care centers should develop an emergency policy/plan to protect children in case of an unexpected event. For more information on the New Jersey crash, see Car crashes into JC daycare center.

By David Wolf, Attorney Published by Child Injury Lawyer Network

Shaken baby syndrome is a form of child abuse that causes traumatic brain injury when a baby is violently shaken. The characteristic injuries of shaken baby syndrome include subdural hemorrhages (bleeding of the brain), retinal hemorrhages (bleeding of the retina), damage to the spinal cord and neck, and fractures to the ribs and bones. Symptoms include convulsions, vomiting, irritability, lethargy, poor feeding, and pale or bluish colored skin. Shaken baby syndrome usually occurs in children younger than two years old but could occur in children up to the age of five.

About one year ago, then 9- month- old Colby Thompson was diagnosed with Shaken Baby Syndrome after being airlifted from his day-care center in Auburn to the intensive care unit at Seattle Children’s Hospital. Fortunately Colby defeated all odds, but sadly he is left with permanent brain damage and the inability to eat through his mouth, sit up, or see. The incident was a result of alleged child abuse at an unlicensed child care center.

In Washington and other states, child care providers must have a license to operate legally in the state but many fail to do so because of time and cost regulations. As a result of Colby’s incident, the Thompsons helped draft a bill that Governor Chris Gregoire signed on Tuesday called the Colby Thompson Act. The purpose of the Colby Thompson Act is to place harsher penalties on childcare centers that operate illegally without a license. For more information on this topic, see Couple joins fight for child care safety.

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

In Colorado and other States, parents put faith and trust in both their church and day care center. Parents expect that the church day care center is a safe haven for their children and that there children will be provided with a learning environment that promotes the health, welfare, and education of the children. Unfortunately, in some day care centers in Colorado and other States, children are sexually molested and assaulted by day care workers and employees who are supposed to supervise and protect the children under their care. The molestation at a church day care center is among the most heinous acts and crimes imaginable for a parent.

In Denver, Colorado, it was reported that Benjamin Janicki recently entered a plea of guilty to charges of attempted sexual on a child and first degree assault. The criminal prosecution stemmed from the allegations that several pre-school aged children were molested at Park Hill United. Janicki will face a prison sentence of 20 to 40 years for these crimes. For more information on this story, see Plea Deal Announced in Church Day Care Molestation Case.

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

In Texas and other States, summer camp should be a time for fun and adventure for children. Summer camp should also be a place where a child is cared for and supervised in a safe, healthy and supportive environment. Unfortunately, many children are abused and neglected each summer at summer camps. Some are raped. Some are molested. Many others suffer serious personal injuries and death due to the negligence of the camp operators, counselors, and / or support staff. In Kerrville, Texas, a former summer camp counselor recently struck a plea deal during a trial where the counselor was being prosecuted on aggravated sexual assault of a child and indecency with a child Texas criminal charges. The charges stemmed from allegations that a boy, who is now 11 years old, was molested / fondled as he left a shower area at the summer camp. It was reported that the family was disappointed in the camp's actions or inactions in response to the counselor's alleged inappropriate conduct with the children after the children had showered. The counselor denied the allegations of molesting the boy. Of course, trials, both civil and criminal, take place every day when there is a dispute over the allegations or facts. Without an admission, photographs, video tape, and multiple eyewitness accounts, it is often difficult to prosecute cases of alleged abuse and molestation at a summer camp, day care center, or other location. In some cases, there is forensic medical evidence showing the improper and forceful conduct. It should be pointed out that each case, whether civil or criminal in nature, must be evaluated by its own facts and the application of the the State and sometimes Federal law on point. For more information regarding this Texas trial and plea deal, see Former Camp Counsel Takes Plea in Texas Molestation Case.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are placed in day care centers by their parents with the hope and expectation that the children are provided a safe and healthy environment to learn, play, and rest. Unfortunately, thousands of children are abused and neglected every year in day care centers across Illinois and other States. Some children suffer lifelong permanent personal injuries and other children even die as a result of negligence, abuse, and / or neglect in a day care center. When a child is seriously injured or dies as a result of poor care or abuse in a day care center, a parent also suffers due to the death or injury of the child. There is no greater pain to a parent than the loss of or injury to a child due to an unexpected accident or because of the negligence of another person or day care center. Children are expected to outlive their parents not die at such a young age for no reason at all. In Springfield, Illinois, it was reported that a day care center operator (Cammie Kelly) was arrested and charged with first degree murder for the death of a child who was under the care of the Kelly and the day care center. The incident took place in January 2011 when Kaiden M. Gullidge (11 months old) was taken to a local hospital (St. John's Hospital) after being observed to be unresponsive. An autopsy later revealed that the the cause of death of the boy was blunt force trauma. A case of this nature will hinge on witness statements and the forensic evidence uncovered at the autopsy. The timing of the injury will be an important issue to address during the criminal prosecution. The defendant will be entitled to the services of an Illinois criminal defense lawyer or the services of the local public defender's office. An arrest does not automatically mean that there will be a plea deal or a conviction but it appears that investigators and the prosecutor's office believe there is enough evidence to pursue this case for the tragic death of this small child. For more information, see Daycare Operator Charged with Murder for Death of Child in Illinois Daycare Center.

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

In California and other States, day care centers should be a safe and healthy environment for children. Unfortunately, some day care centers are unsafe and even health hazards for children. It was reported in Visalia, California that a day care center was temporarily closed due to a discovery / reporting of black mold at the California day care / child care center. The Child Development Center on the College of the Sequoias campus cleared out the furniture and took other steps to address the mold problem in the day care center. It was reported that the black mold was not problematic since it was not airborne; nonetheless, the facility was placed on quarantine. For more information see California Day Care Center Temporarily Closed.

If a parent is concerned about the health and safety of a child in a day care center, it is important for the parent to communicate such concerns to the teacher and staff of the facility. If there is a concern about a health issue, it is helpful to discuss the matter with the child's pediatrician and State authorities as necessary.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children in a local day care center located in Renton, Washington, were temporarily trapped inside due to fallen power lines. Although no one was hurt, a video showed the lines crossing a metal fence and lying on the Renton Day Care Center. The wires had arced and shortened over time, which caused them to burn through and hang lower than usual. A representative for the city reported that a U-Haul truck drove through the area at the time the wires went down and may have made contact with the wires to cause the reaction. A worker who fixed the lines said they were supposed to be 18 feet off the ground but were only 16 feet off the ground when measured. The owner said she didn’t know the lines were supposed to be higher.

Parents in Washington entrust day care centers with the care of their children. As a result, it is important for day care centers to provide a safe environment for children. When evaluating a prospective Washington day care center/ child care center, parents should choose a facility that is regularly inspected for its safety. Parents should also check to see that in case of an unexpected emergency, a child care facility also has an emergency evacuation plan and designated emergency exists. For more information on this topic, see Power Lines Trap Children in Day Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina, working parents and families rely on day care centers to provide a safe and healthy environment for their children. Day care centers in South Carolina are regulated by the South Carolina Department of Social Services (otherwise known as DSS). While a day care center is required to be licensed, many South Carolina day care centers / child care centers operate without a license and without any government oversight. Even ones that are licensed are not inspected that frequently. As such, it is important for South Carolina parents to inspect the day care center before admission and during admission and at different times of the day. Parents should speak to day care workers to find out more about the worker and about the facility. It is also helpful to speak to and befriend other parents who have children at the day care center to help oversee the care for your child and others. Being proactive and inquisitive can go a long way to making sure that the day care center provides a safe and healthy educational environment for children. South Carolina child care facilities that cut corners, bypass licensing requirements, and that focus solely on fees or profits often times fail to follow general safety guidelines which in turn lead to serious personal injuries of children under their care. For more information on this topic, see Parents Should Be Proactive in Evaluating and Monitoring South Carolina Day Care Centers.

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

Three elementary school students were injured after a loaded pistol, which was brought to the school by a 6-year-old boy, accidentally discharged at Betsy Ross Elementary School in Central Houston, Texas. The children's injuries were said to be non-life threatening. However, each kid was taken by ambulance to a nearby hospital. According to police, it is unclear how the boy obtained the gun or who owns the firearm. The 6-year-old who brought the weapon to school sustained personal injuries to his leg by what officials think was a bullet. The other children, a male and female, both 5-years-old, appeared to have been hit by flying debris or shrapnel. None of the children were identified. The incident happened in the cafeteria, apparently the loaded pistol fell out of the boy's pocket as he went to sit down. For more read 3 kindergarten students wounded after boy brings gun to Houston elementary school.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Alexis George a 6-year-old girl of Conway, Arkansas, tragically died after she was hit by a vehicle while crossing the street on her bicycle. Alexis was following her siblings across the street when she was struck by the vehicle. The children were crossing Sapphire Street traveling towards Meadowlake Street. Her siblings made it across safely, however, Alexis came into contact with the left front end of an oncoming automobile. The contact caused Alexis and her bicycle to be thrown over the vehicle. She was taken to Conway Regional Medical Center and subsequently transported to Arkansas Children's Hospital, where she was later pronounced dead. La Tresha Woodruff, public information officer for the Conway Police Department, said Alexis died as a result of the personal injuries she sustain in the collision. For more read 6-year-old Arkansas girl dies of personal injuries after bicycle struck by car while crossing street.

Unfortunately, there are thousands of injuries to children riding bicycles every year. Almost every community is touched or affected by bicycle accidents involving a child. It is important for drivers to exercise the utmost of safety when driving anywhere near a school, park, residential neighborhood, and any where else a child is riding a bicycle.

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

A teenager was critically wounded after he was shot in the chest at a Gloucester City, New Jersey playground. Camden County police were called to the playground around midnight to break up a fight that had broke out. Police were called back to the scene just 45 minutes after their first arrival, because an 18-year-old had been shot in the chest. Neighbors near playground say the location is a popular place for teenagers to hangout and fight. One neighbor estimated about 10 to 15 fights occur at the playground weekly. The victim was taken to a local hospital in critical condition. As time of the release of the following news story, no arrests have been made. For more read 18-year-old critically shot in chest at New Jersey playground. Firearms are considerably dangerous, and often times deadly, weapons. These lethal weapons should be kept out a minor's possession by all means necessary.

Playgrounds and parks should be a safe haven for children and the neighborhood. Unfortunately in some communities, a playground / park is anything but safe.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dennis Devlin, 57, a former Florida hotel owner, pleaded guilty to sexual exploitation of a 13-year-old boy. Devlin will spend at least 15 years in federal prison. Devlin is the former owner of the Desert Inn in Daytona Beach, Florida. Federal agents found an iPhone hidden in the bathroom ceiling of his second-floor hotel that contained sexually explicit images of the boy. A former employee of Devlin's, 20-year-old Michael Ehmen, also pleaded guilty to the same federal charge. Ehmen admitted he recruited the boy, took him to the hotel for Devlin's enjoyment, and received $100 for his recruitment. Police stated Ehmen also had sex (molested the boy) with Devlin for money and the two had an arrangement that Ehmen would bring "new people to visit [Devlin]" for more. Ehmen recruited the boy, the son of a friend, to help install security cameras at the hotel. On the way to the hotel Ehmen told the teenager Devlin would pay him to pose nude. Prosecutors said on a second visit to the hotel video was taken of Ehmen and the minor performing sexual acts together and spanking each other on Devlin's bed. Devlin has a long history of sex-related charges in Volusia County and elsewhere. In 1988, 13 sex-related charges were dropped against him by prosecutors in Ocean View, Maryland. In 1993, he was charged with 23 crimes against a single boy; Devlin was convicted and spend 22 months in prison. However, in 2002 a judge overturned his conviction after the boy recanted his testimony as an adult. Federal agents seized the iPhone containing nude photos of the boy, as well as four DVD recordings of the boy and child porn in "several boxes" and on Devlin's business computer. Sentencing dates have not been set for Ehmen or Devlin, they each face the same time range in federal prison. For more read Former Florida hotel owner pleads guilty to sexual exploitation of a 13-year-old boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There was a recent press release of an App for iPhones and Smart Phones called Phone Sheriff. It allows parents to monitor the calls, text messages, and GPS location of a child / teen who uses an iPhone or Smart Phone. The Press Release states that the product or App is "stealth" meaning that the child / teen user of the phone will not know that mom and dad are watching. See PhoneSheriff Allows Parents to Control Child Phone Activities and Track GPS Location.

Software and technology like "Phone Sheriff" can help protect a child / teen. It can also provide some peace of mind for parents. It is a privilege to have a mobile phone. With this privilege comes responsibility. Some parents will use this service to help monitor and protect their children. Undoubtedly, many parents will refrain from telling the child that he or she is being monitored or supervised while using the phone with "Phone Sheriff". Others may very well tell the child about the program and the capabilities.

One approach that parents may consider is to tell the teens that they are being watched and monitored from time to time. For instance, at certain businesses, employees are told that they are being monitored on the computer and the misuse of the computer for personal use, pornography, sex, and / or crimes will be a basis for dismissal. While a parent cannot fire or terminate a child for misbehaving, a parent can intervene and punish the child in some form if the phone is misused or used in a way that was prohibited by the parent.

There is certainly a safety component to such technology. For instance if a child is lost or abducted, the phone may provide key evidence and information to tracking and locating the child. Furthermore, if the child is the target or victim of a predator, the tracking of the phone and its information may provide key information to both parents and law enforcement. Furthermore, monitoring may prevent a child from being tricked or fooled by a predator to do certain things or get into an unsafe situation.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chaska, Minnesota, police recently found a loaded handgun near a child care center in early April 2011. The gun's serial number was traced back to a Shakopee man, who told police he thought the gun was stolen from his truck back in December 2010. However, the gun was never reported stolen and police were skeptical of his story. Captain Jon Kehrberg of the Chaska Police Department says the circumstances most likely suggest the gun fell out of the man's truck and was ultimately pushed into a snow bank. The gun was discovered on April 5 by a man, David Granlund, who was walking his dog near the day care center. Granlund noticed something shiny in the grass. At first impression, Granlund thought the object was child's handgun. However, after he picked up the gun and noticed it was loaded with hollow point bullets he immediately put the gun back down and called police. The man who owned the gun did not tell police why he had a loaded gun in his truck. No charges have been pressed against the gun's owner. Kehrberg advised that if anyone comes across a weapon in public, they should avoid touching the weapon and immediately call police. Ultimately, it was very fortunate the gun did not fall into the wrong hands. For more read Gun found near Chaska, Minnesota day care center.

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

A Fresno, California teenager was convicted of first-degree murder for molesting and drowning his 4-year-old neighbor and hiding the child's in a clothes dryer. Raul Castro was found guilty of lewd and lascivious conduct and sodomy, he was not found guilty of kidnapping. Castro was tried as an adult in the October 2009 killing of Alex Mercado. At the time of this California crime against a child, Castro was 14-years-old at the time. Castro confessed to sexually assaulting and killing Alex in taped interviews with detectives. Castro's attorney Barbara Hope O'Neill argued the teen was mentally ill and did not have the requisite intent to kill Alex. O'Neill based her argument on the testimony of a psychiatrist who said Castro was mentally ill and disassociated with reality. The prosecution challenged the psychiatrist's credibility and argued the murder was premeditated. A judge rendered his decision after Castro waived his right to a jury trial. Castro's sentencing is scheduled for June 24. For more read California teen convicted of first-degree murder after molesting and drowning his 4-year-old neighbor.

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

A 15-year-old boy was stunned with a taser after an outburst in his classroom. Anthony Jones, 15, attends Delta College in Stockton, California. Because he is autistic, Anthony attends a special class catered to his needs. His family said Anthony had an outburst in class after he received a grade on a test that he did not like. After his tantrum, Anthony was asked to leave the classroom. When he refused to leave, police were called. Tajmah Jones said school officials told her that as a police officer went to remove Anthony from the classroom Anthony resisted and reached for one of the officer's guns. At that point Anthony was stunned with a taser. He was taken to San Joaquin General Hospital to have a barb removed from his body. For more read Autistic boy stunned by police in Stockton, California.

It is well known that some teens with autistic will have outbursts and what may be deemed behavioral problems. It is important to have an education plan and behavioral plan in place that accounts for the needs, abilities, and, yes, the disabilities of special needs and autistic teens and children. By tailoring a program, plan, and procedure to the needs of each child, incidents like the one above can be reduced or prevented altogether.