Posted On: July 31, 2011

Former Asheville North Carolina Day Care Worker - Prison Sentence for Rape of Child

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

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A former Asheville, North Carolina day care worker has been sentenced to at least 19 years in state prison. 46-year-old Michael Roy Carter began molesting a girl when she was 3-years-old, the abuse continued for almost a decade. According to the lawsuit, Carter's attention was drawn to the victim recently after she was enrolled at Rainbow Child Care in 1989, an Asheville day care center that is no nonexistent. The lawsuit claims Carter would take the victim into the bathroom, fondle her, performed a sex act on her and forced her to perform one on him. The suit also names Carter's wife, Angela P. Carter, and his parents, who owned the center. The suit alleges each conspired with Carter to hide his serial abuse of the children at the center. Carter would persuade the victim's mother to allow her to stay over night with Carter at his home he shared with his wife. The lawsuit alleges Carter began to molest and rape the victim when she was about 11-years-old. Once the victim reached the age of fourteen, she ceased contact with Carter to develop relationships with friends, fellow students and her peers. Carter continued to contact the victim via email and telephone calls. According to the lawsuit, one email stated, "I still love you more than anything ... I know in your heart you still care but I don't understand why we can't talk." The victim began to seek counseling for sexual abuse in September 2008. Through her extensive therapy, the victim finally reported the abuse to police, which prompted the investigation and, ultimately, Carter's arrest and criminal conviction. The facility was shut down in the early 1990s, however records don't indicate the reason it closed. Carter pleaded guilty to one count of first-degree statutory rape. Carter was sentenced to 230-285 months in state prison and will be required to register as a sex offender after his release from prison. For more details please read Former Asheville day care employee gets 19 years after serially abusing a child at the care center.

Posted On: July 30, 2011

Hit and Run Accident in Flint, Michigan Ends Life of Teenage Mother (Kadijah Powell)

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

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A tragic hit and run accident in Flint, Michigan has ended the life of a teenage mother. According to the police, 17-year-old Kadijah Powell was walking home from a party at Skateland when she was struck and killed by an SUV. The incident occurred near the corner of Coldwater Road and Dort Highway. The police have obtained a surveillance video from three separate area businesses. In addition, detectives are working with local auto dealerships to determine the exact make and model of the vehicle involved. The police expect they will soon be able to locate the person responsible if they do not turn themselves in first.

Lynette Powell, Kadijah’s mother, is taking care of her five-month-old granddaughter. She said the baby misses her mother and whoever is responsible should take responsibility for his or her actions. Powell said a friend pulled her daughter out of the street, and when she got the phone call, her daughter was already dead. Powell also said that her daughter was working on finishing up her education and applying for jobs. She was concerned about her baby’s future. “She was a sweet little kid who loved her baby,” said Powell.

The Kadijah Powell Memorial fund has been set up at Citizen’s bank to help the family pay for funeral expenses. If you have any information about the hit and run accident, please contact the Genesee Township police. For more information on this topic, see Mother of five month old baby struck and killed, police looking for driver.

Posted On: July 30, 2011

Day Care Center Bus Crash in Douglasville, Georgia - Other Driver Crossed Center Line

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

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A 25-year-old man has been charged in a crash involving a Georgia day care school bus. The crash occurred on Chapel Hill Road in Douglasville, Georgia. The man charged was driving a Jeep Cherokee. According to Douglasville police Sg.t Brad Loudermilk, the 25-year-old male told police he was driving to the doctor when the crash occurred. Loudermilk also stated the Jeep crossed the center line on Chapel Hill and struck an Anneewakee Academy bus, a Georgia day care center. The bus was transporting 10 child passengers, most of which were taken to the hospital for precautionary measures. The bus driver was also hospitalized for leg injuries. The driver of the Jeep was charged with suspicion of driving under the influence of prescription medication. Loudermilk stated the young male should not have been behind the wheel. A student, Lauren Estelle, described the accident as "very scary." For more please read Man charged in collision with Georgia day care bus. In Georgia traffic and criminal matters, a driver charged with a violation or crime is entitled to retain the services of a Georgia criminal defense attorney to defend against the charges.

Driving under the influence is not limited to alcoholic beverages, prescription pills and illegal substances are also included. Prescription pills are potent drugs and should only be used in accordance with the prescribing doctor's instructions. Also, warning labels to not drive or operate heavy machinery while taking a certain medication should be taken seriously. Prescription drugs have the ability to slow an individual's reaction time, vision, judgment, etc., making the driver more prone to being involved in an accident. Do not drive if under the influence of alcohol or drugs.

Posted On: July 29, 2011

Texting Was Cause of Automobile Accident in Plymouth, Illinois

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

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In today’s 24/7 world, staying connected is no longer an option, it is a necessity. The use of text messaging, also referred to as “texting,” has dramatically increased over the last three years. There is no doubt that texting has increasingly become the way most people communicate today. For many, the need to quickly read and respond, even from behind the wheel of a moving vehicle can be tempting. However, the act of texting and driving is dangerous.

Texting was a cause of an automobile accident, which resulted in critical personal injuries to a woman and child in Plymouth, Illinois. According to authorities, Brett A. VanFleet, 25-yearsold, was headed southbound in a 2009 GMC Sierra on Highway 61 just south of Plymouth. He took his eyes off the road because he was sending a text message on his cell phone, according to reports. VanFleet’s truck crossed the center lane and collided head-on with a 1998 Chevy Malibu driven by Brittany A. Ramirez, 22- years-old; passengers in her vehicle included 32-year old Dorothy K. Cook, 10-year-old Kiara Cook, eight-year-old Melanie Cook, and four-year-old Javier Ramirez. Reports said that Brittany Ramitez and Melanie Cook sustained critical personal injuries and were taken to St. John’s Hospital in Springfield for treatment. Kiara Cook suffered serious personal injuries and was taken to Blessing Hospital in Quincy, along with Dorothy Cook and Javier Ramirez who suffered minor personal injuries. VanFleet was issued citations for reckless driving, texting while driving, improper lane usage and failure to wear a safety belt as a result of the Illinois automobile accident.

Take out your cell phone and read out loud the last text message you received. Would reading or responding to that message from behind the wheel of a vehicle be worth the risk of getting into a car accident or worse? The answer is NO - The text message could wait. For more information on this topic, see texting crash causes injuries to woman and children.

Posted On: July 29, 2011

Fingerprinting in Wisconsin Day Care Centers - Important Safety Measure

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

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According to the Wisconsin Department of Children and Families, Wisconsin day care centers will now be allowed to fingerprint potential employees. The executive director of Wausau Child Care, Inc., Jen Kowalski said that this additional safety measure is worth taking. However, there is one caveat.

The one catch is that fingerprinting will only be required for day care providers who are recipients of Wisconsin state-subsidized funding for low-income families with children. Wisconsin day care providers that do not receive this state funding are exempt from the mandated fingerprinting. Governor Scott Walker said that requiring fingerprinting for all child care providers would create an undue burden for small child care businesses. Stephanie Hayden, a spokeswoman with the Department of Children and Families said that of the 7,061 licensed day care providers in Wisconsin, 4,675 receive state funding for providing care for low-income families.

Although DCF conducted 20,000 background checks last year, fingerprints would allow officials to conduct more thorough checks and run people through the FBI’s national criminal database. Lynn Consolver, who operates a day care center out of her own home (ABC Family Childcare), said that making the fingerprinting mandatory for all employees would make everyone safer. She is licensed to receive state funding, but currently does not have any children from low-income families at her day care. For more information on this topic, see Parents welcome day care fingerprint provision.

Posted On: July 28, 2011

Former Allegheny County Pennsylvania Day Care Worker Charged Again with Crimes of Child Molestation

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A former day care worker has been charged with another crime of child molestation in Allegheny County. Matthew Keith Byars, 25, of the North Side, was previously charged with molesting four boys at Tender Care Learning Center and now has been charged with allegedly fondling a fifth boy years ago who he met at church.

According to Allegheny County detectives, Byars molested the victim from the time he was seven years old until he was 10; the boy is now 13-years- old. The victim reported the fondling to his parents back in July 2008, but he did not disclose the abuse during a forensic interview that took place after, police said. Because the victim did not disclose the abuse, no charges were filed. However, after the victim saw TV news reports about Byars’ arrest in the other four cases, he came forward and disclosed the abuse in a forensic interview, according to an affidavit. The affidavit alleged that Byars fondled the boy at the suspect’s house in Pleasant Hills and at the Community House in South Park County Park during a church event.

In the other cases involving child molestation, the Pittsburgh police claim that Byars molested a nine-year-old boy at the suspect’s home in North Side. The Scott police charged Byars with molesting the nine-year-old boy and also three other children at the center. The boy s all ranged in age from seven to12 -years at the time of the alleged abuse.

Byars was arrested on the most recent charges of indecent assault, corruption of minors and endangering the welfare of children. He is awaiting preliminary hearings in the four other cases, which include charges of involuntary deviate sexual intercourse, indecent assault, corruption of minors, and sexual abuse of children. For more information on this topic, see Day care worker charged in fifth child molestation case.

Posted On: July 28, 2011

Portable Backyard Pools Are Dangerous to Children - Risks of Drownings and Personal Injuries

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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The near drowning of a local Springfield, Ohio infant, Hannah Rodgers has raised awareness for safety issues involving backyard pools, otherwise known as portable pools. According to the Clark County Sheriff’s Office report, 14-month-old Rodgers was found unconscious in a portable pool after someone forgot to remove the ladder after swimming.

A new study published in the June issue of Pediatrics confirms that portable pools are dangerous. The study found that every five days during the summer months, an American child drowns in this type of pool. Gary Smith, the author of the study and expert on child injury at Nationwide Children’s Hospital in Columbus does not think that parents consider the safety issues when they buy a portable pool. ‘In hardly any time at all, you can set one of these up… It’s different from an in-ground pool, where a lot of forethought (has to) go into it,’ Smith said.

Smith is concerned that the most effective pool safety devices, such as pool fences, can cost more than the pool itself. Smith’s Center for Injury Research and Policy has scolded pool manufactures for not producing the same safety precautions that are widely available for in-ground pools. Kathleen Reilly, head of the Consumer Product Safety Commission’s pool safety campaign said that the Federal Regulatory Agency does not require portable pools to come equipped with safety devices. The CPSC only regulates pool drains and filters. However, Reilly acknowledges that the publishers of the study raise a crucial point: ‘The ones about three feet high once you inflate them, those are the ones that are really dangerous,’ she said.

According to the study, easy safety measures such as removing pool ladders and locking all doors to the outside prevent the largest percentage of drownings. For more information on this study and topic, see Portable backyard pools dangerous to young children.

Posted On: July 27, 2011

Police Report that Teen Sexually Abused Children at Seneca County New York Day Care Center

By Steven Smith, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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Police have charged a teen with sexually abusing children at a Seneca County New York day care center. According to the Seneca County Sheriff’s Department, a 14-year-old boy has been charged with juvenile delinquency for committing acts that would amount to seven counts of child abuse and seven counts of endangering the welfare of a child if he were an adult. Deputies allege the teen had sexual contact with several children on several different dates over the last nine months; the boys range in age from six to nine-years-old. The day care center has not been identified, but investigators said it is located on the south end of Seneca County. Seneca County Child Protective Services and the State Office of Children and Family Services are working in conjunction with the Seneca County Sheriff’s Department during the investigation.

A juvenile sexual offender is defined as “a youth, from puberty to the legal age of majority, who commits any sexual act with a person of any age, against the victims will, without consent, or in an aggressive, exploitive or threatening manner.” During the last decade, many clinicians began recognizing and addressing the seriousness of juvenile sexual offenses. Studies have shown that most incarcerated adult sex offenders began committing sexual crimes during their early adolescence. More recently, the increased awareness of the number of molestations committed by teens has alerted the child abuse community for the need to intervene with juvenile offenders.

For more information on this topic, see Deputies say teen sexually abused kids at Seneca Co. day care.

Posted On: July 27, 2011

Shooting at Grand Prairie, Texas Roller Rink Leads to Death of Six People and Personal Injuries to Others

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

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The Forum Roller World, 1900 S. Great Southwest Parkway - Grand Prairie, Texas, was the scene of what started off as a private birthday parties and ended with the shooter taken not only his life, but the lives of six others and injuring four additional guests. According to police Chief Steve Dye, an argument between a husband and wife resulted in a family member drawing a pistol. Grand Prairie police spokesman John Brimmer, stated matters escalated when the man pulled a gun and started shooting. The call for help came in at 7:10pm with officers arriving only 90 seconds later. By the time the officers entered the building the roller rink, the shooting had stopped.

Witness, Aaron Feldt of Grand Prairie, Texas was one of the onlookers from across the street and stated "I saw family coming from across the street looking panicked. They had children along with adults. You could tell there was a sense of urgency and panic in their eyes". Mr. Feldt also stated "There's just no cause for this...its real unfortunate".

Chief Dye stated his department was working to contact the victims’ families and offered this "Our thoughts and prayers go out to the victims and their family". Spokesman Brimmer stated the victims, all adults were Vietnamese. As of Saturday evening the ages and identities were withheld until the next of kin could be notified.

Brimmer stated that all witnesses were taken to police headquarter for questioning and that crisis counselors would be on hand to help those affected. “We’re going to assist the family and anybody else who attended to help them overcome this terrible situation”. Fortunately, this was a private party and no outside patrons were involved.

Pam McDonald of Grand Prairie visits the roller rink once a month and offered this “I’m shocked; really shocked that something like this would happen…it’s so close”. Bryon Raspberry, a father with children ages 4 to 15, lives near the rink which is located in a warehouse section near Interstate 30 and State Highway 360 said “This is sad man…my kids come up here a lot. We come all the time”. He also said “it does not make any sense…I don’t feel safe at all”.

Police set up a mobile command center outside the scene and as of 9:30pm the bodies of the victims remained inside while investigators worked the scene. Police Chief Dye stated it was unclear the number of people inside the roller rink at the time of the shooting, but that “We’re still working all the numbers and interviewing quite a few witnesses”.

Amusement parks, bowling alleys, roller rinks, and other locations should be sites of joy and celebration especially for families and children. Unfortunately, tragedies often times occur at these locations that result in serious personal injuries and death of innocent people including children. An amusement park, bowling alley, and roller rink are not proper venues for gun play or violence. These recreational and amusement locations should be places of safe haven for adults and children rather than sites of violence, personal injuries, and death.

See 5 Killed in Grand Prairie Roller Rink Shooting in Texas.

Posted On: July 27, 2011

Tragic Nevada Amtrak Train - Semi Tractor Trailer Accident Ends Lives of 6 People

By Jonathan Reed, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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A semi tractor trailer smashed through crossing gates and into two double-decker cars of an Amtrak train (The California Zephyr) at a highway crossing in Nevada. When the accident occurred, The California Zephyr was 300 miles east from its destination in Emeryville, California.

National Transportation Safety Board member Earl Weener said that two truck drivers of a three-truck convoy saw the gates come down and the warning lights go off as the California Zephyr approached, but the lead driver in the front did not stop. The train’s engineer said that he saw the truck approaching the crossing and realized the crash was inevitable. He slammed on the emergency brakes, but the train was traveling about 78 mph and traveled a half mile before it could stop. The engineer watched the semi truck smash into the train through the rearview mirror. Investigators looked over the scene for any clues as to why the truck driver did not stop.

The Amtrak train- semi tractor trailer accident killed at least six people, including the truck driver and the conductor, Laurette Lee, 68, from South Lake Tahoe, California. Friends and family of Lee said that she came from a railroad family; her great grandfather and grandfather worked for railroad companies, her brother is an Amtrak dispatcher and her nephew is also an Amtrak conductor. For more information on this topic, see Drivers, engineer watched Nevada Amtrak crash unfold, killing 6

Posted On: July 26, 2011

Pennsylvania School Bus Accident Causes Personal Injuries to Adults and Children

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A school bus transporting adults and children to a church camp collided with a Cadillac in Pennsylvania. According to Pennsylvania State Police, the bus was from Cumberland Valley Christian School in Chambersburg, and it collided with a Cadillac. The incident occurred on Interstate 81 near Chambersburg.

The police reported that the driver of the Cadillac, 79-year-old Edward Shaffer was trying to pass the left hand side of the bus. Shaffer was trying to avoid oncoming traffic and over-corrected his vehicle, which caused his vehicle to rotate in front of the bus sideways. The driver of the bus, Joseph Henderson, 52, hit the passenger side of the Cadillac. Shaffer’s vehicle went into a ditch on the right side of the road, and the bus partially entered the ditch, hit a guard rail and rolled over.

Pennsylvania State Troopers said that 17 adults and children were taken to Chambersburg Hospital and six others were taken to Waynesboro Hospital. All patients sustained minor to moderate personal injuries and were reported to be in stable condition. Pastor Mike Sanders of the Open Door Church in Chambersburg said that the injuries consisted of broken bones, bumps and bruises. Pastor Sanders told the newspaper, “I’m just thankful that the extent of the injuries is what it was.” For more information, see 23 hurt as Pa. school bus overturns on interstate.

Posted On: July 25, 2011

Toddler Dies - Blackwell, Oklahoma Police Arrest Driver on Criminal DUI Charges

By Roy Dickinson, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

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A two-year-old toddler was killed as a result of an automobile accident in Oklahoma. According to Blackwell police, the driver of a pickup truck, Ashlee Nicole Martindale, 25, ran into the back of a Dodge Neon in the 4000 block of West Doolin Avenue. Colleen Wood, 19, Destiny Turner, 18, and two-year-old Maraya Turner were in the Dodge Neon at the time of the accident. Wood and Destiny Turner were taken to the hospital for treatment and their conditions were unknown. Maraya Turner was sadly pronounced dead at the hospital.

According to the police, Martindale was arrested on charges of driving under the influence, second-degree murder, possession of marijuana and possession of hydrocodone and alprazolam without a prescription.

Oklahoma Statute § 11-902, makes it unlawful for any person to drive, operate or be in control of a motor vehicle, whether on public roads, highways, streets, turnpikes, who:

• Has a blood alcohol concentration of .08 or more;
• Is under the influence of alcohol; and/or
• Is under the influence of any other intoxicating substance that may render a person incapable of safely driving a motor vehicle.

For more information on this topic, see Drunken Driver Hits Car, Toddler Dies.


Posted On: July 24, 2011

Near Drowning Leads to Shut Down of Western Pennsylvania Day Care Centers

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A near drowning of a seven-year-old boy has caused the Pennsylvania Department of Public Welfare to shut down three western Pennsylvania day care centers. Allegedly, a young boy almost drowned during an overnight camping trip and was saved by a nine-year-old girl. No adults saw the boy almost drown.

The Pennsylvania Department of Public Welfare cited the Kid Biz LLC day care center for gross incompetence, negligence and misconduct for allowing children to swim in a pool without lifeguard supervision, although two of the day care center’s employees had training in water safety. The owner of the day care center, Adele Wood, said that she will appeal the ruling because of the families that will be affected by the shutdown. Wood also said that there has never been an incident during a camping trip in 15 years.

Pennsylvania Day Care Centers are subject to state licensing requirements. These licensing requirements ensure that the day care center is safe; that the staff is appropriately trained and responsible; and that the program promotes the health and development of children. In addition, the license assures parents that the children are being supervised in a safe, healthy environment where appropriate activities, time schedules, food, equipment and staff are available to support the children’s physical, social, emotional, and intellectual growth. For more information, see State welfare officials shut down 3 western Pa. day care centers after boy, 7, nearly drowns.

Posted On: July 23, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Equipment and Toys in Day Care Centers?

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

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Pursuant to Rule 591-1-1.12 - Equipment and Toys- of the Georgia Rules and Regulations for Child Care Learning Centers, all indoor and outdoor furniture, activity materials and equipment shall be used with the following limitation: a). in a safe and appropriate manner by each employee and child in attendant; and b). in compliance with the manufacturer's instructions, recommendations and intended use.

Equipment. The following apply to the equipment and furniture used by a center shall only be used:
- By the age-appropriate group of children;
- Be free from hazardous conditions (i.e., sharp rough edges or toxic paint, kept clean, placed so as to permit the children's freedom or movement and minimize danger and secured).

Toys. Centers shall provide a variety of age-appropriate toys and play materials shall be available.
- Toys shall be stored on low, open shelves accessible to children in each room or assigned area. (Toys that launch projectiles, i.e., dart guns, slingshots, etc., are not permitted within centers and balloons shall not given be accessible to school-age children.

Toys for children under 3-years-old. The toys shall be
- Age appropriate;
- Non-toxic and lead-free;
- Large enough in size so not to be swallowed and incapable of causing asphyxiation or strangulation;
- Free of sharp pieces, edges or points of small parts which may be taken off by a child and rust.
- Easily cleaned with disinfectant daily.

Tables. Space shall be provided for each while who is able to sit at a table unassisted. The center must provide an appropriately sized chair or bench shall be provided for each child who is not an infant and who is able to use a chair or bench.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 22, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Field Trips Away from Day Care Centers?

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

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Pursuant to Rule 591-1-1.13 - Field Trips - of the Georgia Rules and Regulations for Child Care Learning Centers, parents shall be notified in advance by the center of a child's participation in ANY field trip, which must be signed and dated by a parent of the child. The advanced notice shall include: a). the name and address of the field trip's destination; b). the date of the trip; c). time of departure; and d). estimated arrival time back at the center.

Additional Supervision Requirements:
- Regular staff:child ratios must be maintained on field trips and an additional employee, chaperon or student in training who is least 16-years-old shall be available to assist in the supervision of each group of 25 children (If the field trip requires transportation of the children, the center must comply with the staffing requirements relating to the transportation of children.). A list of children and participating adults must be left at the center, as well as taken on the field trip and kept in the possession of the adult in charge of the field trip.

Centers are also required to keep emergency medical information for the children under the center's care. The emergency medical information of each child shall include allergies, special medical needs and conditions, current prescribed medications that the child is required to take on a daily basis, the name and phone number of the child's doctor, the local medical facility that the center uses in the area where the center is located, and the telephone numbers where the parents of the children can be reached shall be left at the center, as well as taken on the field trip and kept in the possession of the adult in charge of the trip.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 21, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Swimming Pools and Water-Related Activities in Day Care Centers?

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

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Pursuant to Rule 591-1-1.35 - Swimming Pools and Water-Related Activities - of the Georgia Rules and Regulations for Child Care Learning Centers, if a permanent swimming or wading pool is located on the center's premises, the center must meet certain local regulations concerning the design, construction, operation and maintenance must be met. The swimming and wading pools must be inaccessible to children at the center except during supervised activities only.

The following are requirements for the supervision of children in water over two-feet deep.
- Provide continuous supervision during supervised activities. (If you would like to read the specific age requirements please read Rule 591-1-1.35 - Swimming Pools and Water-Related Activities - of the Georgia Rules and Regulations for Child Care Learning Centers). For more inadequate staff:child ratios during any water-relatd activity (i.e., swimming, fishing, boating or wading), at least one (1) additional staff member (in addition to the other requirements) is shall be available to rotate among the age groups as needed. As for wading pools, those shall be cleaned and filled with clean water for each day's usage and emptied when not in use.

Also, no child shall participate in a swimming activity without the parents' written permission.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 20, 2011

Athens County Day Care Centers - Sheriff Investigating Allegations as to Sexual Groping

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Sheriff Pat Kelly and the Athens County Sheriff’s Office have been investigating claims as to sexual groping at two local at home day care centers. Children of six families claimed t hat a 72-year-old man had inappropriate contact with their children in Athens County. The day care centers are located in the Dover Township and Trimble areas.

The alleged victims are all under five years old. The Sheriff’s Office has identified a person of interest. This person is not an employee of either of the day care centers. Kelly said that currently the charges consist of ‘just petting and groping’ of the children. There are no acts that qualify as a more serious charge such as rape, though that is possible if more information is revealed, said Kelly. Kelly is not releasing the identity of the person of interest because no formal charges have been filed.

According to Kelly, the investigators are awaiting the return of a DNA evidence analysis by the Ohio Attorney General’s Office. However, he would not say what type of physical evidence was being tested. The person of interest has been told to stay away from the Ohio day care centers until the investigation is over. For more information on this topic, see Sheriff looks into allegations at 2 daycares.

Posted On: July 20, 2011

Dover Township, Ohio - Investigation into Allegations of Groping and Molestation by 72 Year Old Men on Multiple Children

By Will Brown Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Athens County Sheriff’s Office has been investigating allegations that a 72-year-old man inappropriately touched six children at day care centers in Athens County. The police and Children Services were first notified when a mother of two teenage girls said that the man groped her daughters at a store connected to a home day care center.

Sheriff Patrick Kelly said that they identified a person of interest and an investigation has been launched. The police have been questioning parents and owners of two day care centers. More families have come forward alleging that the same man had inappropriate contact with their children; the children are all under the age of five. Sheriff Kelly said that all of the children attended one of two home day care centers located on state Route 13 in Dover Township, Ohio. The families came forward and asked the police to investigate the situation. Two of the alleged victims are two-years old and two are four-years-old, said Kelly.

According to the police, the person of interest is not allowed to have contact with the day care centers during the investigation. Both of the day care centers are with 100 yards of each other, and the person of interest has contact with both, said Kelly. Parents with children who were or are enrolled in the day care center have been notified about the ongoing investigation and have been assured that safeguards are in place to keep the man away from the facilities. For more information on this topic, see Man Alleged To Have Molested 6 Kids At Daycare Centers.

Posted On: July 20, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Playgrounds in Day Care Centers?

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

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Pursuant to Rule 591-1-1-.26 - Playgrounds - of the Georgia Rules and Regulations for Child Care Learning Centers, child care centers must meet certain criteria and requirements. First and foremost, the outdoor area must larger the center's licensed capacity for children, specifically the area shall be equal to 100 square feet times 1/3 the center's capacity. Each center is required to provide 100 square feet for each child occupying the outside play area at any one time, groups of children may be rotated if necessary. The play area shall be adjacent to the child care center, or in an area that is accessible by a safe route or other approved method. However, school-age centers shall have shaded areas. The play areas shall also be protected by a fence or other secure barrier, which is 4 feet or higher. Child care centers must keep the play areas clean, so as to be free from litter and hazards ("free from hazards" can mean but is not limited to non-resilient surfaces under the fall-zaon of play equipment, exposed tree roots and exposed sharp edges of concrete or equipment. The equipment shall be age appropriate and provide the children at the center with various opportunities and engage in a variety of experiences. The outdoor equipment must be free from lead-based paint, sharp corners and be checked regularly to maintain safety.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 19, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Required Reporting, Child Abuse, Accidents, and Injuries in Day Care Centers?

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

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Pursuant to Rule 591-1-1-.29 - Required Reporting - of the Georgia Rules and Regulations for Child Care Learning Centers, the director or other designated person-in-charge in the director's absence, is required to report or cause to be reported the following:

1. Suspected incidents of child abuse, neglect or deprivation to the local County Department of Family and Children Services.
2. Any cases or suspected cases of notifiable communicable diseases to the local County Health Department.

The following incidents must be reported to the Department within 24 hours or the next work day:

1. Any death of a child while in the care of the center;
2. Any serious illness or injury requiring hospitalization or professional medical attention other than first aid of a child under the care of the center;
3. Any situation when a child in care of the center becomes missing. This includes but is not limited to the following situations: a). A child who is left in a vehicle; b). A child who leaves the center's building, playground, or property; or c). a child who left behind on any trip.
4. Any fire
5. Any structural disaster
6. Any emergency situations that required (requires) relocation of the children.

These must also be reported pursuant to Rule 591-1-1-.29 - Required Reporting - of the Georgia Rules and Regulations for Child Care Learning Centers:
1. The name of any employee who acquires a criminal record if the directors knows, or reasonably should knows, of the employee's criminal record.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 18, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Staff - Director of Day Care Center?

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

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Pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, a child care center is required to have a director who is responsible for the supervision, operation and maintenance of the center. The director must be on the center's premises. When he or she is not on the center's premises, a person must be designated to assume responsibility for the operation of the center.

Below is a list of qualifications a person must have in order to become a director of a child care center in the state of Georgia:
- Be at least 21-years-old;
- Possess one of the minimum academic requirements, in addition to qualifying child care experience at time of employment: a). high school diploma or G.E.D. and b). 1 year of qualifying child care experience. (For more elaboration on was constitutes "qualifying child care experience" it would be helpful to read that plan language of Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers).
- Have proof of successful completion of a biennial CPR program and a triennial training program in first aid.
- Not suffer from any physical handicap or mental health disorder that would interfere in the applicant's ability to perform the job duties of providing care and supervision.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

Also, pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, every center must have a teacher for each group of children.

Below is a list of minimum qualifications for a person to be a prospective applicant for a teacher/lead caregiver position within the state of Georgia:
- Be at least 18-years-old
- Have high school diploma or G.E.D. (For more elaboration on this requirement it would be helpful to read that plan language of Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers).
- Have evidence showing proof of successful completion of a biennial training program in CPR and a triennial training program in first aid.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

Finally, pursuant to Rule 591-1-1.31 Staff - of the Georgia Rules and Regulations for Child Care Learning Centers, a center has the option to employ caregivers/aides to assist the teacher/lead caregiver in the care of children in any group of children at the center. It is strictly prohibited for a caregiver/aide who is 16-years-old or 17-years-old to be solely responsible for the children.

Below is a list of qualifications for caregivers/aides in the state of Georgia:
- Be at least 16-years-old.
- Have evidence showing proof of successful completion of a biennial training program in CPR and a triennial training program in first aid.
- Never been shown by credible evidence, e.g., a court or jury, to have abused neglected or deprived a child or to have subjected any person to serious injury as a result of intentional or grossly negligent misconduct.
- Not have a criminal record;
- Not have made any false statements concerning qualification requirements.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 17, 2011

Georgia Department of Early Care and Learning Considers Emergency Rule Changes Following Death of 2 Year Old Jazmin Green

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

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After the tragic death of two-year-old Jazmin Green, the Georgia Department of Early Care and Learning has drafted an emergency rule change. Green died after day care workers left her in a hot van for an extended amount of time after a field trip. It was alleged that the center’s owner, Marlo Fallings, her daughter Quantabia Hopkins and an assistant falsified transportation records in connection with the incident. The state closed down Marlos Magnificent Early Learning Center in Jonesboro and assigned monitors to make sure it remains closed.

A Department of Early Care and Learning spokeswoman that the Department is in the process of drafting an emergency rule to strengthen oversight of transporting children in Georgia day care centers. However, the spokeswoman did not specify what that “emergency change” might be. Aaron Diamant, an Investigative Reporter asked the Georgia Child Care Association Director for some insight. ‘I think that they’re just going to go back and really do due diligence and look at that process to see if there’s really anything in place that they can do to sure-guard about children’s safety and transportation to make sure that they are keeping children as safe as possible,’ said the Director, Carolyn Salvador. However, she noted that there are already several transportation procedures and safeguards in place for day care employees. Salvador said that it is crucial for day care providers to follow all transportation procedures to ensure child safety. For more information on this topic, see Agency May 'Strengthen Oversight' After Day Care Death.

Posted On: July 17, 2011

Delaware Pediatrician Found Guilty of Child Abuse and Rape of Patients

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Delaware pediatrician was found guilty of child abuse and rape of his patients. Earl Bradley, 58, was accused of raping and assaulting more than 100 girls that he treated. He was convicted of 24 counts of rape, assault and sexual exploitation in Sussex Superior Court.

The verdict did not come as a surprise. The evidence of the alleged acts included videos that Bradley recorded of himself. His lawyers are expected to appeal an earlier ruling from Judge William Carpenter Jr. that the videos were admissible. According to a state police detective who viewed the videos and testified at trial, Bradley engaged in inappropriate sexual conduct with young girls. Police also testified that the videos showed children in diapers trying to escape in an outbuilding at Bradley’s office, and Bradley using nitrous oxide to sedate a 7-year-old girl during his attack. Bradley faces life in prison for each count and is scheduled to be sentenced on August 26, 2011.

It may be difficult for a parent to discern if there has been child abuse between their child and physician. Looking for the following warning signs can help a parent increase their awareness and detect instances of child abuse.

- If the doctor tries to be completely alone with your child during the visit.
- If your child complains about the doctor inappropriately touching them.
- If you notice a change in your child’s behavior when you take them to the doctor.
- If you notice odd bruising around your child’s body shortly after the visit.

For more information, see Deleware ex-pediatrician guilty of child sex abuse.

Posted On: July 16, 2011

Toddler Wanders Out of Larson South Carolina Day Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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South Carolina authorities are investigating how a toddler wandered off from a College Park Road day care center. The Department of Social Services spokeswoman, Marilyn Matheus, said that a two-year-old girl walked off the property of Noah’s Ark Daycare Center and Kindergarten while she was under their care. The toddler was found uninjured and DSS was contacted.

Matheus said that the day care center, located at 1011 College Park, will be investigated by agents from the Department’s Childcare Licensing Regulations and Out of Home Abuse and Neglect unit. Spokesman Dan Moon said that a Berkeley County Sheriff’s Office incident report is unavailable because deputies were not called to the scene.

Once a toddler learns how to walk, the prospect of them running away can cause a parent real anxiety. Running away from their parents can quickly become a game for children as it usually results in them getting a lot of attention. Toddlers use their new found ability to walk as a way to establish independence from their parents. At this stage of a child’s development, it is important that parents make it clear that running away is not acceptable behavior. For more information on this topic, see Tot walks away from day care.

Posted On: July 16, 2011

New Zion Baptist Church Van Crashes Off of Northeast Louisiana Highway

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A van occupied by church members heading home from a Bible class veered off a highway in northeast Louisiana and crashed. Tragically, two adults and two children were killed and seven others were hospitalized.

According to Louisiana State Police Trooper Mark Dennis, the crash occurred on Louisiana Highway 587 in West Carroll Parish. The rear end of the 15-passenger van flipped over after it vaulted a ditch and hit the culvert. The driver of the van, Joey W. McKan, 30, was hospitalized with life-threatening injuries along with one other person. Portia Thornton, 53, and her two daughters Kaitlyn Thornton, 19, and Brittany Thornton12, sadly died at the scene. Four-year-old Emma Adams was also killed. Aaron Coats, 21, and a 6-year-old were taken to the hospital for treatment, along with other unnamed passengers; the police department would not reveal the names of juvenile survivors.

Chief Dept of the West Carroll Parish Sheriff’s Department, Kenneth Green, said that the van belonged to the New Zion Baptist Church. Approximately 11,000 people live in the town of West Carroll Parish. The wreck has united the residents of the small community, said Kelly Coleman, the vice president of the Guarantee Bank and Trust in Oak Grove. The cause of the accident is still under investigation and toxicology tests are still pending, although drug and alcohol were not suspected. For more information on this topic, see Van packed with church members crashes, killing 4.


Posted On: July 15, 2011

Cleveland Ohio Special Needs Toddler Suffers Severe Burn Injuries -

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Cleveland, Ohio, the police have arrested five people for abusing a handicapped toddler; the child’s mom and boyfriend were arrested along with three others. According to the police, the suspects burned the handicapped child with a hot iron. The incident occurred at W. 38th and Dension. The person who answered the door at the address claimed it was just an accident, but the child could not even walk, said the police. The grandmother of the child was horrified when she saw the burns on the child’s leg and called for help immediately. The grandmother said that nobody had taken the child to the hospital for treatment or reported the incident to 911.

Certain people in Ohio are required by law to report incidents of child mistreatment, but anyone can make a report of suspected abuse. If a child is in immediate danger, then the police should be notified immediately. In all other circumstances, reports should be made to the DFCS office in the county where the child lives. People who call to report suspected abuse do not have to be certain the abuse occurred but only need to report what they have seen or heard. The authorities will investigate the situation and confirm whether the abuse occurred.

For more information on this topic, see Mother, boyfriend among those arrested after handicapped toddler was severely burned.


Posted On: July 14, 2011

9 Year Old Boy (Elijah Johnson) Suffers Serious Personal Injuries at Atlanta Day Care Center (It Takes a Village Day Care Center - Stone Mountain)

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

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Elijah Johnson, nine-years-old, was treated for severe personal injuries at Children’s Healthcare of Atlanta at Egleston. The boy’s family alleges that he was a victim of a brutal attack at an Atlanta day care center, but the day care center claims that the boy injured himself.

Elijah’s mother, Yalishia Reese said that she found her child in distress when she arrived at the It Takes a Village daycare center in Stone Mountain. The director of the daycare met her at the door and said that Elijah was not acting like himself; the director said the boy was banging his head against the wall, according to Reese. The staff then called the paramedics, and Reese said that they called the police because “it looked like he had been assaulted.” Reese added that her son had bruises and contusions all over his face and bite marks on his back.

Elijah has a rare genetic disorder that is similar to autism called Angelman Syndrome. The family’s attorney, B.J. Bernstein, said that “He doesn’t speak, but he responds with smiling and loving and everything good.” Bernstein said that the day care center’s version of the incident does not match the child’s general demeanor or the severity of the injuries that he has suffered. The hospital staff is still conducting tests to determine the extent of his injuries, said Elijah’s family. For more information on this topic, see Family: Boy Badly Beaten at Daycare.

Posted On: July 13, 2011

Missouri Will Require Day Care Centers to Have Babies Sleep on Their Backs

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The State of Missouri is revising the child care laws for the first time in two decades. Two of the main revisions include: 1). A requirement that Missouri Child-Care Centers put babies to sleep on their backs; and 2). A requirement that state Child-Care Centers have a staff member trained in CPR on staff at all times. The "back-to-sleep" rule is expected to be in effect by late summer 2011 and the CPR regulation by January 1. The revisions are to aid in the prevention of sudden infant death syndrome (SIDS) and accidental suffocation. According to a study conducted by Rachel Moon, a pediatrician and SIDS researcher with Children's National Medical Center, 20% of all SIDS deaths occur in child care centers, a rate that should only be 8%. The new revisions will affect approximately 2,200 centers and 1,440 licensed home-based child care centers. However, the new revisions are neither applicable to unlicensed home-based child care businesses within the state (which account for well over 5,000) nor the 670 faith-based child care centers (because they are exempted from state licensing). However, following these rules is an important step in providing better quality care for children. The Missouri Child Fatality Review Program recorded two infant deaths in licensed child care facilities because of SIDS or suffocation. For more details see Missouri revises child care laws to prevent SIDS and accidental suffocation.

Posted On: July 12, 2011

Louisville Man Charged with Shooting of 12 Year old Boy in Neighborhood

By David Wolf, Attorney Published by Child Injury Lawyer Network

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What started out as a childhood prank turned nearly fatal after a man shot at the neighborhood children. Although, the shooter was described by a neighbor as "low key" and "country," his actions give off a different kind of character. 56-year-old Michael Bishop, has been charged with attempted murder after he aimed his gun into a group of children, pulled the tripper and hit a 12-year-old boy. According to police, the children had been playing a long time prank known as ding-dong-ditch, the kids run up to a home, ring the doorbell or known, and run away. The victim, whose name is not being released, is believed to have suffered a buckshot injury from a shotgun. The boy was taken to Kosair Children's Hospital with non-life-threatening injuries. Eyewitnesses said they observed Bishop step out on his front porch with a shotgun, pointed his weapon towards the group of children, fired his gun and struck the 12-year-old boy. Dwight Mitchell, a Louisville Metro Police spokesman, said it is unclear whether the boy was the intended victim of Bishop or if he was merely just trying to scare the children off. Other neighbors were questioned by reporters and stated they too have been pranked by the neighborhood children. However, the kids were described as "good kids ... not troublemakers" and their actions are not considered bothersome. Doug Dorsey, a nearby resident, is the father of a 13-year-old son who grew up with the victim. Dorsey ran to the group of children after he heard the gun shot and notice the group of kids scattering away. As Dorsey approached, he noticed the victim hunched over, with his back covered in blood. For more read Louisville man charged with attempted murder after firing gun into group of kids, striking 12-year-old boy. Mr. Bishop will be entitled to the services of a Louisville criminal defense attorney or the services of the Public Defender's office.

Posted On: July 11, 2011

Lawsuit Filed Regarding Summer Camp Injuries at South Charleston, South Carolina Church

By DavidWolf, Attorney Published by Child Injury Lawyer Network

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A nine-year-old boy suffered permanent injuries as a result of a Bible camp game at a South Charleston church. His parents filed a lawsuit against the church and alleged that their son fell and struck his face on a carpeted-cement floor. According to the lawsuit, the boy suffered from severe lacerations on his bottom lip and chin, damaged his teeth and drifted out of consciousness. The boy’s lawyer, Benjamin Salango, said that the laceration severed a nerve in his face, which has affected his ability to speak. The boy's medical condition and injuries required therapy through a speech therapist regularly. In addition, the boy sustained a permanent scar from the cut, said the lawyer.

The boy was allegedly injured in the church game called “Wrap n’ Run.” According to the law suit filed in Kanawha Circuit Court, camp counselors at the Davis Creek Church of the Nazarene first organized the game in June 2009. The lawsuit stated that one child would bind another child in an entire roll of plastic wrap. The wrapped child would then hop from a starting line to a finish line in a race against another child. The lawsuit stated that church counselors ignored a suggestion in the game’s rules to allow the child’s arms to remain free while racing. The lawsuit also stated that this is the second time a child was injured during the same game at the church; another child fell backwards and hit his head on a sanctuary pew.

Salango said that the family had been in negotiations with the church’s insurance company for a settlement but were unable to reach an agreement. The child’s injuries have allegedly cost the family almost $20,000 in medical expenses, said the lawyer. For more information, see family suing South Charleston church after child's camp injury.


Posted On: July 10, 2011

Georgia Day Care Centers - What Rules / Laws Apply to Discipline of Children in Day Care Centers?

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

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Pursuant to Rule 591-1-1.11 Discipline of the Georgia Rules and Regulations for Child Care Learning Centers, day care centers may use discipline measures provided that they are not detrimental to the physical and mental health of the child. These rules prohibit day care center employees from sexually or physically abusing a child under the care of the day care center. Furthermore, the regulations prohibit corporal punishment, the shaking, jerking, pinching, or rough handling of a child. Verbal abuse and humiliation are also prohibited acts. Isolation, restraints, force feeing, and confinement are also prohibited by the Georgia Rules and Regulations for Child Care Learning Centers.

When a child is abused or injured in a Georgia Day Care Center, it can be quite challenging for a parent to deal with the aftermath, stress, and trauma of such injuries to the child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains chapters on Child Abuse, School Injuries, Day Care Injuries, Damages / Compensation, and other topics. You can receive a free book on Child Injury Questions and Issues. The book is also available on the following websites: Amazon, Barnes & Noble, and the Apple iBookstore.

Posted On: July 9, 2011

Connecticut Day Care Facilities Required to Update Emergency Plans Under Connecticut Law

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Connecticut, day care centers and schools have a responsibility and duty to have an emergency plan in place for evacuation of the building due to disasters, terrorism, and other events / incidents that could put a child's health and / or safety in jeopardy. It is important to have such an evacuation plan in place in writing. Furthermore, the facility should practice the plan during drills at periodic time periods. While fires and other natural disasters are not that common, they do take place and it is important for day care center and school administrators and staff members to be prepared. Children absolutely need guidance when there is a traumatic event or natural disaster. In these situations, staff members need to know the plan and calmly and timely execute the emergency / evacuation plan in place. See Connecticut Law Requires Evacuation Plan for Schools and Day Care Centers.

Posted On: July 8, 2011

BB Gun Shooting in Sacramento California - 6 Year Old Shot in the Head

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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A BB gun, also known as a pellet gun, can cause substantial bodily injury and even death. According to statistics, about four people are actually killed each year by BB guns. These guns are often considered a “toy,” but have similar features to a common hand gun; they have muzzle velocities higher than 350 feet per second. That means that the gun shoots the pellet at 350 feet per second, which is not much of a difference compared to a hand gun that has a muzzle velocity of 800 feet per second.

The U.S. Consumer Product Safety Commission warns that children under the age of 16 should not own and operate such a gun. But, if they do, they should follow a few safety tips. First, children should never point a BB gun at anyone, whether it is loaded or not. Second, the BB gun should always be on safety until it is ready to be used. In addition, children should never carry your BB gun in public places because it may be mistaken for a real gun. Lastly, unload the gun when it is not in use.

A six-year-old boy was recently shot in the head with a BB gun in Sacramento, California. According to Sacramento police, the incident occurred near 5th Street and Vallejo. The child suffered a bump on the head and was taken to the hospital for treatment. Investigators said there is an ongoing issue between the neighbors and it is unclear who is responsible for the shooting. Laura Peck, spokeswoman for the Sacramento Police, said that the crime report has been filed as an assault with a weapon. Fore more information on this topic, see child shot in head with BB gun in Sacramento neighborhood.

Posted On: July 7, 2011

Windsor Colorado Infant Suffers Serious Personal Injuries in Home Day Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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An infant suffered serious personal injuries at a Windsor, Colorado home day care center and was placed in critical condition. The police responded to a morning call of an infant not breathing at the 600 block of Buckhorn Mountain Court.

When the police arrived at the scene, 35-year-old Garrett Moore was performing cardiopulmonary resuscitation on the infant who was 11-months old. Windsor Police Chief John Michaels said that Moore had placed the child in a playpen in another room for a nap while he made lunch for the other children. The baby was left alone for about 30 to 45 minutes before Moore went back to check, said Michaels. Allegedly, the baby had trapped its head under the playpen mattress, which had restricted her airflow. According to the police report, Moore immediately called 911, and began performing CPR on the child who was later airlifted to Medical Center of the Rockies.

Michaels said that the Colorado day care center was registered with both the town and the state. At the time of the incident there were 12 children at the day care, and Moore was the only adult. Michaels said that the police are working with the appropriate entities to investigate the incident further. For more information, see Windsor infant in critical condition after daycare mishap.

Posted On: July 7, 2011

15 Year Old Dies from Tractor / Truck Related Personal Injuries (Colquitt County, Georgia)

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

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Georgia State Troopers said that 15-year-old Jacob Sutton passed away after suffering injuries in a tractor accident. The teen was driving a tractor on Ellenton Omega Road between his family’s business and their farm when a pickup truck collided into the back of the tractor. The driver of the pickup truck was driven by a neighbor, 73-year-old William Lindsey. The Colquitt County teen was airlifted to a hospital in Tallahassee, Florida where he sadly died. According to Troopers, all charges are pending and will be turned over to the District Attorney’s Office.

Some people might be unaware that agriculture is consistently ranked among the four deadliest jobs in the United States, alongside with mining, transportation and construction. According to the National Safety Council’s most recent report, agriculture had the highest average of worker deaths at 29.2 per 100,000 workers compared to all jobs of 3.5 deaths per 100,000 workers. In addition, agricultural workers suffered 90,000 injuries per year.

One of the main differences between agriculture and other industries that make it so dangerous is the presence of children in the worksite. Typically farming is a family business, and children are raised to participate in chores around the farm at an early age. Each year, more than 100 children are killed and 23,000 seriously injured in farm-related activities, according to Childhood Agricultural Safety Network (CASN). For more information on this topic, see 15-year-old teen dies days after tractor accident.

Posted On: July 6, 2011

Huntsville Alabama Day Care Worker Admits to Abusing Child at Day Care Center

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

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An Alabama child care center employee has been arrested after she confessed to injuring a child under her care. 29-year-old Allison Ross admitted to Huntsville police that she dropped a 10-month-old girl and then put a towel over the infant's face to stop the child from crying. The girl was initially treated at Huntsville Memorial, but was transferred to Texas Children's Hospital in Houston. The infant was treated for severe facial bruising. She has since been released from the hospital. After admitting to the violent act against the child, Ross was booked into the Walker County Jail and charged with injury to a child. Her bond has been set at $2,500. Ross was employed at Taking Care of Kids Daycare at the time of the incident. For more details please read Alabama day care employee admits to inflicting personal injuries onto a 10-month-old girl.

Employees at Alabama day care or child care centers should be thoroughly screened and trained before they begin their employment, especially when the center provides care for younger children, toddlers and infants. Children need to be handled with care and patience. Day care employees are given a critical responsibility to care for children when the children's parents or guardians cannot. This responsibility should not be taken lightly and day care employees need to be patient with the children in their care.

Posted On: July 5, 2011

Chicago Illinois - 8 Year Old Girl Dies in Hit and Run Automobile / Pedestrian Accident

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

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In Chicago, Illinois, an eight-year-old girl was tragically killed in a hit and run automobile/ pedestrian accident. Mariela Crisostomo was riding her bike outside her house in the neighborhood when she was hit by a gray or silver SUV. The incident occurred in the 3300 block of West 62nd Place. She was taken to the Advocate Christ Medical Center in Oak Lawn, where she was sadly pronounced dead. According to witnesses, the SUV was driven by a female with a passenger in the front seat. Unfortunately, the witnesses were not able to record the license plate number. The neighborhood residents said that heavy traffic has been an ongoing problem. They have requested the city to install speed bumps or make their street a cul-de-sac, but no action has taken place.

In most cases, the majority of speeders on residential streets are residents themselves in the neighborhood. This has been confirmed through local Police Departments that check addresses of motorists who were cited for speeding. As such, one of the most effective ways to reduce speeding on residential roads is through neighborhood involvement. The best way to raise awareness of speeding issues is through circulating a neighborhood newsletter. In addition to the newsletter, posting speed limit reminder signs around the neighborhood will also raise awareness.

For more information on this topic, see 8-year-old girl killed by hit and run driver.

Posted On: July 4, 2011

Police Investigate Report of Child Abuse at Mineola Day Care Center

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

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Police in Mineola, Texas, are investigating a report of child abuse occurring at a local day care center, Guiding Light Childcare. According to the Mineola Police Department, the incident came to light after the mother of the child involved filed the complaint with local police. The mother's complaint was filed after a former employee at Guiding Light Childcare posted a video of the incident on a social media website. Although no charges have been filed against the employee, the case is under investigation. However, Guiding Light Daycare has confirmed that the center has since let an employee go in regards to this incident, the center is cooperating with police. For more details, please read Child abuse complaint filed against Mineola, Texas, day care center.

Acts of abuse committed against children, whether physical, emotional or psychological, is a heinous crime, which could have lifelong consequences for the child victim. Incidents of child abuse can continue for a long duration of time, mainly because the abuse is unknown to others and is kept secret. However, if you are suspicious that someone is abusing a child please contact local authorities immediately. Filing a complaint with local officials will instantly prompt a criminal investigation and have the effect of stopping further of acts of violence and/or abuse.

Posted On: July 3, 2011

Cane Corso Mastif Breed Dog Attacks and Kills 4 Year Old in Brooklyn Home

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

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A 4-year-old Brooklyn boy was fatally attacked by a family dog. Some believe this New York dog bite / dog attack may have been preventable. Four year old Jayelin Graham was fatally mauled by a Cane Corso Mastif. According to an article in the San Franciso Chronicle, the oversized canine allegedly "erupted in a violent rage" It is unknown what actually enraged the dog, but neighbors and others around the neighborhood stated the dog had a known reputation for being a menace. The owners of the dog disagree with their neighbors and say the dog did not have a violent nature. According to a witness, a man who attempted to save the young boy, the child had no hope once he was locked between the dog's jaws. The man told the Daily News the dog was trained to kill. The man saw the dog violently shaking the boy by his throat. The boy's aunt said the attack happened in a matter of seconds. As of now, no charges have been filed. For more details on this story please see 4-year-old Brooklyn boy fatally mauled by Cane Corso Mastif.

Although this breed of dog is typically easy to breed, they have strong protective instincts, which may prove to be troublesome. These dogs can be highly suspicious of strangers; for this reason aggression should never be encouraged. Also, these dogs typically dislike new things, animals and people. Therefore, owners need to be highly cautious when introducing this breed to new people or things. Dogs are great family pets, however it should not be forgotten dogs are still animals with animal instincts - caution should always be used when children are around dogs.

Posted On: July 2, 2011

Second Degree Murger Charges - Indictment for Drunken Driving Incident - Death of One Child - Serious Personal Injuries to Another

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

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19-year-old Adrienna Lee Shipp of Whiteriver, Arizona, was indicted on a second-degree murder charge. The charge stemmed from a drunk-driving incident where prosecutors says she ran over two children. The incident occurred on May 5, 2001. The indictment alleges on that day Shipp killed one child and seriously injured another after she ran over them with a truck. The indictment also alleges she was driving drunk on the Fort Apache Indian Reservation when she killed one child and hit the other. Shipp was also charged with assault resulting in serious bodily injury. For more read Arizona woman indicted with second-degree and assault resulting in serious bodily injury, charges stem from alleged DUI.

The death of this child and the personal injuries of the other child victim involved are tragedies for their families and communities. Getting behind the wheel after you have been drinking is not only dangerous to yourself but to others. As in this case, one child was killed and another child sustained serious personal injuries. Alcohol slows your reaction time, decreases your visibility and judgment. Driving while under the influence is dangerous and deadly - do not drink and drive.

Posted On: July 1, 2011

California Former Karate Instructor Sentenced to 26 Year Prison Term for Molesting Student

By Scott Marks, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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An emotional bond often develops between a teacher and their students. Especially during the adolescent years, teens often confide in their teachers and consider them to be a role model. However, some adults may take advantage of that special bond if a child is vulnerable.

In El Cajon, California, a karate instructor was sentenced to 26 years in California State Prison for allegedly engaging in a 10 month sexual relationship with one of his male students. The perpetrator was Eric Dylan Protas, 38. Protas was also required to register as a sex offender. John Philpott, the Deputy District Attorney said that the defendant molested the victim from August 2009 to May 2010, when the boy was 13 and 14.

The victim testified at trial about his sexual encounters with Protas, the owner/operator of the Allied Gardens School of Martial Arts on Waring Road. The boy testified that he first met Protas in an after school program when he was in kindergarten, and later began taking martial arts classes at the studio when he was older. The boy also said that he confided in Protas, which launched a personal relationship in which they got together almost every day.

The family said they are satisfied with the sentence given to the California karate teacher. The victim’s uncle, Jeff Krebs, said "Twenty-six is enough to keep him (Protas) away, keep the rest of the community safe. It is not so much a punishment, but keeping him out of the community. I think we're satisfied with that." For more information on this topic, see karate teacher gets 26 years for sex with student.

 
 
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