Child Injury Lawyer Blog

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

Every year, more than 5,100 American children are taken to the hospital after falling out of windows. More than a quarter of these children are admitted with serious injuries.

Between 1990 and 2008, nearly 98,415 children under the age of 18 were treated at hospitals for injuries sustained after falling out of a window. Tragically, two of the window failing incidents resulted in the death of a child. Toddlers led the injury statistics, however, accounting for two-thirds of all cases because they are curious, don't understand the danger, and have a high center of gravity.

Although the number has slightly decreased over the last 19 years, the number is still too high. While many people know how to prevent this problem, there are still those who do not.

Parents, baby sitters, schools, and day care centers need to make an extra effort to keep their children safe around windows. Window screens will not be enough. However, child care providers can ensure that kids do not have access to a window. For example, furniture can be moved away near windows so that children cannot climb atop, by therefore putting themselves more at risk to falling.

Parents can also install window guards or stops. Some cities, in fact, may have mandated this already. In New York, for instance, the Health Code requires apartment buildings to install guards on all windows in households with kids under 11.

If parents perform these simple safety tasks, they can decrease their child’s risk to falling out of a window.

For more information, see Thousands of kids in hospital for window fall.

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

“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

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

Shreveport Child Care Center, located in Louisiana, was warned for several safety violations, and as a result, received a license revocation notice from the Louisiana Department of Children and Family Services.

Similarly, God’s Gift Child Care and Learning Center, located in Louisiana, was issued a notice citing violations which included failing to conduct criminal-record checks of non-paid staff prior to employment. State officials say that the center was cited four times in the last ten months for not completing background checks on two to six staff members each time.

God’s Gift Child Care and Learning Center was also cited for failure to maintain appropriate children-to-staff ratios, failure to conduct proper visual checks of vehicles used to transport children and failure to maintain proper transportation logs within the last six months.

"In each of these cases the violations are considered serious, repeated or numerous (and) put the safety of children at great risk," said DCFS Secretary Ruth Johnson.

Other day care centers were cited as well in Louisiana. For instance, Tiny Tots Day Care Pre-School in Natchitoches also was cited for failing to protect the rights of children and failing to keep children safe from harm or abuse.

And finally, Highland Child Development Center lost their license for failure to meet state licensing requirements. They will be closing their doors by the end of the month.

When a day care center is cited with a violation, the Louisiana Day Care Center can challenge or appeal the decision or citation. The day care center is entitled to defend itself when cited for a child care, child supervision, or facility violation.

It is important for day care centers to continuously maintain the facility and provide child care and supervision in compliance with applicable laws, regulations, and code provisions applicable to Louisiana day care centers. Without performing proper background checks on employees, day care centers are putting the children they look after in danger. Parents should research centers in the area in order to ascertain safety and licensing information about the centers they are interested in before making a definite decision.

For more information, see Local child care center's license revoked.

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

Weare Day Care Center, located in New Hampshire, is being investigated after reports of the owner belittling the children, using physical force against them, and swearing in front of them. Prior to this investigation, Country Kids Childcare was shut down following a visit from New Hampshire government inspectors. The State of New Hampshire was investigating a complaint that children were being mistreated, while also conducting a routine licensing renewal.

Under the state law of New Hampshire, childcare personnel are prohibited corporal punishment or yell at children. State officials report that they received a complaint that the owner, Lynn Crevoiserat, placed a child in a headlock and “dragged the child across the room to a timeout area while angrily yelling and screaming at the child.”

Following the complaint, investigators interviewed four staff members and three children. A five-year-old said she had seen Crevoiserat grab as many as three children by their arms and hands very tightly. An employee also said, with tears in her eyes, that she had seen red marks on the children in the areas where the owner had grabbed them. She also said she heard Crevoiserat use profanity in front of the children, specifically saying, "I'm so (expletive) mad at you right now, you don't even (expletive) know." Other children also told investigators about extended timeouts, some as long as 20 minutes.

Day care providers have a responsibility to supervise and monitor children in a supportive child care environment . Abuse, even in its lightest form, is intolerable. If other employees witness abuse of any kind, they have a duty to report it. Parents should continually ask their children about their days at childcare. In addition, they should keep a keen eye on the people who look after their children, looking for any signs of mistreatment or abuse.

For more information, see State Investigates Complaints At Weare Day Care: Owner Accused Of Using Force, Profanity.

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

There are many factors that parents should consider when sending their children to a day care center. A website is located at www.txchildcaresearch.org. The website provides parents with valuable information regarding Texas day care centers and child care centers. It has information on day care centers located in cities and towns in the State of Texas. By typing in a city’s zip code or the center’s name, anyone can find the information they need about the particular day care center they are researching. Once on the site, a person can research inspections performed at any center and if the center was given any citations. Reports done by the inspectors are also available.
In addition to researching the center, Texas Chid Protective Services recommends touring the facility before choosing which day care to send your child. CPS also says that babysitters may have to be licensed depending on how many children are being cared for and if the child is related to the sitter or not.

Because of the economy and the family dynamic, many parents have no other choice but to engage the services of a day care center or child care center. While government regulations and inspections can help weed out dangerous or non-compliant day care centers, parents should always be diligent in pre-screening the day care center on their own and then continue their due diligence on a frequent basis while the child is enrolled in the day care center. A parent should try to visit the day care center at different times of the day and get to know each person providing care to the child in the Texas day care center.

For more information, see “CPS: Don’t Be In the Dark.”

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted drivers are becoming more prominent as we grow into a more technological nation. It is estimated 11% of American motorists talk on their cellphones while driving, and 26% of 16-17-year-old drivers text while driving, even though 36 states ban texting while driving.

In 2009, the National Highway Traffic Safety Administration reported that 5,400 people were killed in car accidents that involved distracted drivers with 995 of those automobile accidents involving a hand-held cellphone. In addition, 448,000 were injured. These numbers continue to increase every year.

Fatalities continue to increase as technology grows. Today, smartphones allow users to download apps where they can check their email, sports center, Facebook, horoscopes, weather, stock prices, and play games. While it is convenient to have these applications, the convenience and technology only add distractions to drivers. Drivers are using these apps while driving when they should be paying attention to the road, traffic, other drivers, pedestrians, and bicyclists.

The “no texting while driving” laws help deter some people from engaging in activities that distract drivers. There are now new issues that make drivers even more distracted. For example, if a customer purchases a new car today, he or she is able to download apps right to the car. A driver may be able to upload photos, YouTube videos, etc. while driving.

Although these operations can be activated with voice recognition, voice recognition can still be just as distracting, says the National Safety Council. The Council also says that hands-free cell phones can be just as distracting as hand-held cell phones. They claim that it is not so much the phone that is distracting, but the conversation in general.

The only way to decrease the numbers of distracted drivers is for law enforcement to buckle down on the use of cell phones while driving. One study concluded that tough law enforcement will decrease the number of drivers who use their cell phones. The NHTSA concluded a year-long study where police officials in Hartford, Connecticut, and Syracuse, New York, aggressively enforced a cellphone ban and closely observed motorists’ cellphone use. Police in both cities issued nearly 10,000 tickets for talking or texting on cellphones while driving. As a result, cellphone use while driving declined 57% in Hartford and 32% in Syracuse. In addition, texting while driving fell 72% in Hartford and 32% in Syracuse.

It is important that drivers realize the importance of distractions while driving. Not only could distracted drivers kill or injure themselves, but they could also kill or injure other people. Law enforcement agents need to be strict in regards to this issue. Perhaps fear of cell phone citation will help alleviate the growing problem.

For more information, see Distracted Drivers.

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

Quinetta Tubbs, owner of NaNa’s Day Care in Ohio, was charged with child endangering and obstructing official business after leaving a two-year-old Micah Davis at Clippard Park following a field trip. Tracy Davis, Micah’s mother, was informed of the incident by Tubbs. Thereafter, Tubbs asked the mother to lie to the police and tell the police that the child was at a birthday party. Tubbs was released on a $1,000 bond. Child and Family Services is investigating NaNa's Day Care, but the mother said she does not want to press charges.

Day care employees need to be more aware of the children under their guidance, care, and supervision. Children of all ages, including two-year-olds, can get separated from the group easily, especially when on a field trip.

Parents need to make sure their day care centers have precautions in place for when they travel outside of the facility. While there are several ways to keep a group together, one way is to have all of the wear the same T-shirt or same color T-shirt.

Secondly, they should follow single file, and hold hands. Children should be instructed to alert a teacher if the person who was once holding their hand is not holding it anymore. They should also be instructed to alert a teacher if they see someone wander off or if their friend goes missing. Small tasks such as these can make a big difference in keeping children safe on field trips or other outside facility trips.

Finally, and most importantly, a simple checklist that is reviewed and documented before and after each stop can prevent most incidents from taking place.

For more information, see Day Care Worker Accused Of Leaving Toddler At Park

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

Alisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

Schlagenhauser was also caring for the child’s 7-year-old brother along with two other children when the alleged abuse occurred. Law enforcement officers interviewed Schlagenhauser who purportedly admitted to drinking tequila and beer at the water park. Cops also found marijuana and a pipe on Schlagenhauser. She is being charged with child endangering, drug possession, and assault.

It is important for parents to ensure their children are being cared for by responsible and trustworthy people. Parents must closely observe the behaviors and actions of the people they entrust to care for their children. If there is ever any sign of abuse or alcohol or drug related activities, parents should terminate the employment of these caretakers and find a more responsible person to care for and supervise their children.

For more information, see Drunk babysitter charged after assaulting four-year-old autistic boy at water park.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quest Alliance, a day care center for special needs children located in Phoenix, Arizona, is charged with negligence for the second time after 6-year-old Tanner was left in a hot van, in the middle of the day, for more than an hour.

In 2007, Quest Alliance was charged with negligence after Jason Allan, who was an autistic 8-year-old, wandered away from the facility and was later found dead in a nearby canal. Allan had drowned.

The incident involving Tanner is now the second incident of negligence from this day care center. Luckily, Tanner was rushed to the hospital after his mother, Tracy Roberts arrived at the day care center and found her boy strapped and locked in the car. At the hospital, Tanner was pumped with fluids and later sent home.

It is unfathomable that this negligence not only happened once, but also happened twice. Although Quest Alliance took immediate action after the 2007 incident by devising a corrective plan to attempt to avoid future incidents from taking place. Clearly, something went wrong again. Employees working at day care centers especially need to be more aware of their surroundings and the children under their care, supervision, and guidance. There is no excuse for children wandering off, or children being locked in day care vans. Parents need to make sure that the day care centers they leave their children with are well equipped with precautionary measures, rules, and protocols.

For more information on this incident, see “Arizona Day Care Under Investigation After Boy Left in Sweltering Van.”

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

Angeles Westmorland, a teacher at a day care teacher in Paulding County, Georgia, was charged with battery after she allegedly bruised and scratched a 5-year-old boy all over his body.

Westmorland was released on a $1,000 bond, and no longer works at the Georgia day care center. Investigators are now looking for more victims. According to Sgt. Brandon Gurley from the Paulding County Sheriff's Department, the Crimes Against Children Unit has been contacted for similar cases. Bright from the Start, which gives day care centers in Georgia a license to operate, is now investigating as well.

The boy’s mother, April Nations, said that this was only her son’s third day at the center. She is convinced there must be other victims considering this happened so soon to his arrival. Nations, the boy’s mother, said that Westmorland told her child not to tell anyone what she did to him.

The question now is: how many other children were told not to tell? It is too often that day care centers abuse or neglect the children that they have a duty to supervise and protect. It is also important for day care centers to evaluate their staff on a daily basis. Staff members should be monitored on a consistent basis. Parents should also educate their children on the importance of telling someone if someone is hurting them.

For more information on this subject, see 5-year-old child abused in day care center in Paulding County, GA.

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

After two Georgia high school football players died during practices of 90-plus degree heat, authorities began to explore whether the hot weather contributed to the death of these athletes. The nation’s largest pediatrician group says that healthy children and teen athletes can play sports in hot, steamy weather, but only if precautions are taken.

In fact, new research shows that with adequate training, water intake, time-outs and emergency treatment available on the sidelines, healthy young athletes can play even in high heat and humidity — within reason. However, government data showed that 3,000 young teens were treated in the emergency room for non-fatal heat illnesses from sports or exercise from 2001 to 2009. In addition, throughout the last 13 years, 29 high school football players died from heat stroke, according to the American Football Coaches Association.

Dr. Michael Bergeron, a University of South Dakota sports medicine specialist, says that any child, if overworked in even 80 degree weather, can suffer sever injuries, if not death. He recommends that people be evaluated individually to see if they can play in hot weather.

When dealing with sports and hot temperatures, teams should have emergency plans with trained personnel and treatment available and policies for avoiding heat illness. Coaches should give kids about two weeks to adapt to preseason sessions, gradually increasing intensity and duration. They should also closely monitor more vulnerable kids, including those who are overweight or have diabetes. Coaches should make sure athletes are well-hydrated before practice or games. Specifically, kids aged 9-12, should drink about half a cup to a cup of water every 20 minutes during activities. Teens should drink 5 or 6 cups an hour during activity. Furthermore, sports drinks containing electrolytes and sodium should be offered during extra strenuous activity. Finally, teams and coaches should educate players and parents about signs of heat stress, including dizziness, muscle cramps, headaches and nausea; and kids with symptoms should be sidelined and treated immediately. Athletes should also be encouraged to report if teammates seem to be struggling.

For more information about heat stroke, athletes, symptoms, and preventions, see Sports in Heat—Ok With Precautions.

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

An unfortunate incident recently took place at the University of Cincinnati (Ohio). It was reported that Everette Howard, an 18 year old student, died as a result of injuries sustained by a Taser gun used by campus police. It was reported that Everette was attempting to break up a fight at the time. It is expected that a full investigation will be completed and then be summarized in a written report since a death resulted from this incident. There appeared to be several witnesses to the incident. The use of force by a police officer is permitted under certain circumstances. In particular, if the health safety and welfare of the police office and / or others are put at risks - force is often times utilized. There are particular policies and procedures in place for each police department as to the use of force including the use of Taser guns. The incident will be reviewed to determine if protocols and criteria were met with respect to the facts and circumstances of this incident.

While Taser guns are typically a less dangerous alternative to the use of a gun, there are still serious personal injuries and even deaths that result from the use of a Taser gun. Law enforcement officials should be respected and orders by the same should be followed. When force is used, it should be reasonable and necessary. Whether the force used is considered excessive will depend on the facts and circumstances of each incident.

For more information, see "Everette Howard Died Saturday At UC Campus."

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

In Minnesota, the Department of Children and Families recently introduced a rating system that parents can view and use to consider their respective day care options. It is important for a working parent to have peace of mind during the day time that the child is enrolled in a Minnesota day care center. Safety, supervision, and a clean day care environment are among the top priorities for most parents. Price and value are also considerations but should be secondary to safety and supervision. Minnesota ratings and fundings by the State of Minnesota are tied together. Child care and day care providers are rated on a one to five star rating system.

Quality day care centers that follow rules and regulations should obtain the highest rating. Those that cut corners and put profits over safety and regulation compliance will not. The overall goal of the rating system is to get information to parents and to encourage Minnesota day care centers to provide quality, affordable, and reasonable care and supervision to children enrolled in the day care center.

For more information, see State of Minnesota debuts YoungStar Rating System for child care and day care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It has been said that good weather may increase a risk of injury to children. The B.C Children’s Hospital and B.C Ambulance Service have recorded a list of summer safety tips for parents and caregivers.

Good weather tends to bring about climbing and curiosity from children. Make sure to watch children around window screens. A window screen can pose a danger to climbing children. Children are susceptible to falling through window screens no matter how sturdy they seem to be. Parents should remove furniture from windows and balcony railings to prevent children from climbing atop and setting themselves at risk for injury. Parents and caretakers should install window guards on windows above ground level, or lock windows so they can only open 10 centimeters. Be aware though: children are fast learners. They may learn to unlock doors and windows at a young age.

Secondly, make sure to watch children around swimming pools and water parks. The good weather draws children to the water and they do not realize the risks of drowning at such a young age. Never leave a child unattended near the water. Be at an arm’s reach to your child when he or she is near the water. Young children and weak swimmers should be in life preservers at all times. Pools and other water parks and water ways should have a tall fence enclosing it to block children from access when you are not around. Toys should be removed from the pool area, for these may tempt children to play in the water without supervision. All children should take swimming lessons so they know how to swim in the water. Parents and caretakers should be trained in CPR and first-aid. They should have emergency equipment near the pool at all times.

Thirdly, parent and caretakers should never leave a child in a car. A child is at risk to heat stroke, and burns from hot seat belt buckles and other metal devices in the car if left in a car during the summer hot temperatures. Cars should be parked under the shade if possible to avoid metal getting too hot for children. Place a car seat cover on top of the car seat if possible as well to avoid it getting too hot. If a child gets locks inside, parents and caretakers should call 911 for immediate assistance.

Finally, good weather brings about bicycle riding. A child should not be riding on or near the road. They do not understand what road signs mean, nor do they have a high attention span to pay attention to moving cars. Children should also always be wearing a helmet, even if only riding a tricycle.

For more information on summer safety tips, see The B.C. Children’s Hospital and B.C. Ambulance Service Summer Safety Tips.

By David Wolf, Attorney Published by Child Injury Lawyer Network

In Bellevue, Washington, there was a terrible automobile accident that caused serious personal injuries to several drivers and passengers. One of the accident victims, Rachel Beckwith, sadly died as a result of the automobile accident related injuries. Rachel was a remarkable girl who cared for others and even started a charity drive prior to the automobile accident. The death of Rachel Beckwith resulted in an outpouring of support for her charity and wish to help others. For more information, see Girl Gets Charity Wish After Death in Washington Automobile Accident.

The unexpected death of a child is one of the hardest things for a family, neighborhood and community to deal with. This is especially true when the child shows great promise and potential in life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the U.S Consumer Product Safety Commission and the American Academy of Pediatrics, infants can suffer from injuries or even deaths due to improper crib and sleeping arrangements. The U.S Consumer Product Safety Commission explains what safety precautions parents should take when putting their infants to sleep.

All babies should be placed in a safe and secure crib, bassinette, or play-yard. They should not be placed near windows, for they pose a great danger to a sleeping baby. Injuries that are typical from babies being placed near windows include a serious fall hazard, glass breaking, or strangulation on a blind cord.

To reduce the risk of SIDS (Sudden Infant Death Syndrome) or strangulation, place the baby on his or her back. Babies should not be placed on their sides or stomachs. Comforters, pillows, stuffed animals, and blankets should all be removed from the crib. It has been said that these items may cause strangulation, suffocation, choking, etc.

A parent or caretaker should make sure the crib has no missing parts or slats. Any part that is unstable, broken, or protruding out can cause great danger to the baby. It can also cause the crib to become disengaged, by therefore trapping the baby between the crib mattress and the rail.

If a crib needs to be fixed, only fix it with parts built or processed by the manufacturer. Make-shift repairs, and quick fix-its can create new and deadly hazards.

The mattress should also be tight, firm, and have no spaces in between it and the railings. In order to meet this standard, place two fingers in between the mattress and the railing. They should not be able to fit. If they do, your mattress is not big enough for the crib and it could cause a major hazard to the baby by falling or slipping through the sides.

Parents or caretakers should keep cords and baby monitors away from a child’s reach at all times, for they can cause a strangulation hazard.

Once your baby can push up on his or her hands and knees, lower the crib immediately in order to prevent climbing in and out of it.

Go to CPSG.org or call CPSC hotline routinely to see if your crib has been recalled.

For more information on crib child safety, see U.S Consumer Product Safety Commission: Crib Information Center.

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

As a result of the Casey Anthony case, Michigan is now advocating for what state legislators call “Caylee’s Law.” Caylee’s Law will make both failure to report a missing child, and failure to report a dead body felony offenses in Michigan.

By enacting this law, Michigan legislation hopes to close the gaps that exist in our legal system today. The goal is to correct an “oversight” in our legal system.

Specifically, the law will state that if a missing child under the age of 13 is not reported within 24 hours, a felony charge will occur. A person will also receive a felony charge if he or she conceals or fails to report a dead body immediately upon discovery.

It is important for laws to be created in response to the Casey Anthony case. Although one would think it is unlawful to not report a child missing right away, or to conceal the discovery of a dead body, it is not against the law currently. Why these laws do not already exist is unknown, but it seems as though Michigan legislation is on the right track to correcting this problem.

For more information, see Caylee's Law - Michigan's Response to the Caylee Anthony Case and Gap in Michigan Criminal Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington Pennsylvania, a seven year old boy nearly drowned in a pool during an overnight camping trip last month. The boy was found and rescued by a nine year old girl who dove to the bottom to save him. Quick thinking and action by the girl saved the boy's life. The boy was on a camping trip with Happy Face Learning Center, a day care center.

Both Happy Face Learning Center and Peters Township Day Care Centers were closed and had their licenses revoked as a result of the near drowning incident. After being closed for some time however, the Pennsylvania Department of Public Welfare permitted the centers to later reopen.

A third center operated by the same owner was closed by government authorities however as a result of allegations that the facility allowed 18 children to swim in a pool without a lifeguard. The facility administrator, however, claims that two adults were supervising the children and water safety training.

The lack of proper supervision and staff at Pennsylvania day care centers put children at risk. Day care centers should provide their employees with the proper training needed in order to better handle situations and to better supervise the children they care for. Parents entrust Day Care Centers with their children, and these centers should make it a better priority to provide them with standard care and safety.

For more information on this issue, please refer to Two of Three Centers Reopen After Near Drowning of Seven Yr. Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Allegheny County Officials are investigating the death of a baby at a home day care center in Pennsylvania. According to officials, 10-month-old Desmire Williams was in the care of a home daycare owned by Melody Lang on Singer Place in Wilkinsburg. Sources said that an employee at the day care fed the baby and then put him down for a nap. The day care center said they checked on the child several times and noticed he was in a deep sleep. The day care center contacted the mother, Desiree Pinkston, about the infant’s sleeping habits. Once Pinkston arrived at the day care center, she found employees trying to resuscitate the child. Pinkston immediately called 911 because the home day care center had not done so.

Devastated parents, 22-year-old Derelle Williams and 27-year-old Pinkston have a long list of questions. Pinkston said that Lang owned a day care center on Ross Street. “Why weren’t my children in a daycare first of all instead of at her house where it’s made like a bar?” Pinkston asked. The day care owner told Pinkston that her baby had only been asleep for only an hour, but Pinkston’s other children who attend the day care center, ages three, seven and eight said that their baby brother had been asleep on a bed upstairs all day. Williams said the doctors from the Children’s Hospital told them that their baby had been dead for almost six hours. “He was stiff! The doctors couldn’t even perform CPR on him because it was too late,” Williams said.

The Allegheny County Police are hoping for more answers once they receive the toxicology report. The initial autopsy revealed no internal or external trauma. For more information on this topic see Mother of baby found unresponsive at day care has questions and Infant Dies At Wilkinsburg Daycare Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Colorado day care center worker was sentenced to a term of 40 years in prison for molesting children. Benjamin Janicki, 20, was formally charged with assaulting a fourth child during his employment at Park Hill United Methodist Children’s Center. Janicki received the maximum prison sentence possible under his plea agreement: 40 years in prison followed by 10 –year sex offender supervised parole and a 12-year suspended sentence on lesser accounts. Denver District Court Judge Shelly Gilman issued the sentence.

During his sentencing, Janiki gave an unusual speech where he denied that he sexually abused nine preschoolers at a Park Hill children’s center last summer. The speech, called “rambling” by the judge, helped cement his sentence, and prompted the defense counsel to urge a psychological evaluation. Janicki said about the children, "I worked my butt off day in and day out to help them. I allowed myself to forgive them whenever they harmed me or crushed me. I didn’t want anything from [the children] other than their respect.” According to one parent, his speech was the most painful part of the proceedings.

The defense attorneys said that Janicki suffered from ongoing mental issues such as severe depression and suicidal thoughts. They pointed out that he was in intense denial of his crimes, but said he could be rehabilitated with treatment and medication. Gillman said Janicki showed little potential to be rehabilitated in the future because he lacked any acceptance of responsibility and was unable to empathize with the victim or show remorse. For more information on this topic, see Daycare worker Janicki sentenced to 40 years for sexually abusing preschoolers.

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

Doctors in Texas believe that incidents of child eye injuries increase during the summer months. Doctors in Permian Basin said it could be anything from the lack of adult supervision to the lack of safety eye wear that contributes to an increase of child injuries under the age of 16.

Isai Garay, 12-years-old, lost his vision in one of his eyes due to a BB Gun accident at a friend’s house. He was cleaning the gun and thought it was unloaded. Garay pulled the trigger and the be-be came out, which caused him to go legally blind in one eye. His mother, Maria Garay, said that the thought of her son not being able to see out of one eye gave her chills. Doctor Gerado Escobedo performed cataract surgery on Garay, which helped him to see again.

Garay was one of the hundreds of children that come to the clinic during the summer with eye-related injuries. Doctors said there is a five percent increase during the summer with cases involving eye injuries similar to Garay. Escobedo said that sports injuries are also reasons for eye-related injuries. He said, “Most of the time you don’t wear something until you have an eye poked out.” Fortunately, 90 percent of these eye injuries can be prevented if proper safety precautions are taken. For more information on this topic, see Child Eye Injury Increase During the Summer 7/22/11.

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

In regards to licensing and regulations, Alabama law regulates day care centers that are associated with church ministries different from those that are not. A local day care center in Foley, called Kids Space Daycare, was denied a business license by the city. However the Mobile Press-Register reported that the city had no grounds to shut down the center because of its affiliation with a church.

The City of Foley denied the Alabama child care center’s business license because of previous problems at two other facilities run by the same owner, Deborah Stokes. She claimed that her day care center complied with the law, and the children are well cared for. But according to Foley police, Stokes was arrested in Mobile County on charges of child endangerment that occurred at a facility she previously operated. She pled guilty to the charges and was ordered not to work in childcare for two years. Foley police responded to more than a dozen calls at Stokes’ previous facility, said the Press-Register reports.

The Alabama Department of Human Resources’ minimum standards for day care centers “[do] not apply to preschool programs which are an integral part of a local church ministry or a religious nonprofit elementary school.” Kids Space Daycare was determined to be affiliated with Alpha and Omega Ministries; that association exempted the facility form regulations that many other Alabama day care centers are subject to. Parents in Alabama are concerned that safe, regulated day care centers will decrease as the number of unregulated centers increase. For more information on this topic, see In Alabama, Not All Daycare is Regulated the Same.

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

Leaving a child or a pet in a hot car can be very dangerous and even deadly. In warm weather States as well as other States during the summer months, the heat index can be quite high. It is well known (but not to everybody) that the heat index is even higher in a closed vehicle with the air conditioner and vehicle turned off. Just a few minutes in a hot vehicle can lead to serious health problems and even death. This is especially true for the elderly, young, and, yes, even pets. In Folsom, California, it was reported that a puppy named Gizmo - a six month old Pomeranian / Shih Tzy mix, died as a result of being left in a hot vehicle. It was reported that there was no water in the vehicle and the windows were cracked open about 2 inches down. The owner of the dog was arrested on California criminal charges of felony animal cruelty. Of course, the owner will be entitled to representation from a California criminal defense lawyer or the services of the public defender's office. It is certainly a tragedy when a pet dies as a result of a preventable incident. This story highlights the dangers of leaving a pet or small child in a vehicle unattended especially in the middle of the Summer in California or any other location in which the temperature outside is warm / hot and even hotter inside the vehicle. For more information regarding this story, See Puppy Dies in Hot Car in California - Dog Owner Arrested.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Starting December 2012, all Tennessee day care centers must have new cribs with greater safety standards. The old cribs with the drop-side railings that have been proved deadly for babies in rare instances will be no longer acceptable; this type of crib was associated with 32 infant suffocation and strangulation deaths since 2000.

Although the old cribs will be allowed in child care centers for another year and a half, some Tennessee day care centers are not waiting for inspectors from the Tennessee Department of Human Services to demand the upgrade. Lesley Hosford, owner of seven child care centers in Williamson County has already arranged for her first delivery of the new cribs in two weeks. The new cribs that were manufactured according to stricter guidelines established by the U.S. Consumer Product Safety Commission became available June 28.

The assistant commissioner for the State of Tennessee - Department of Human Services, Robert L. Matthews, said the agency will notify every Tennessee child care center in the state via email about the new requirements. The agency’s staff will also inform the centers about the new changes during yearly site visits. Matthews also said that the new requirements are going to be costly for child care centers across the state. Costs for the new cribs range between $200 and $900 at USA Baby & Kids in Franklin. For more information on this topic, see TN prepares for more stricter crib rules at child care centers.

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

According to police, an investigation of an alleged sex offense at a privately run New York day care center has led to criminal charges against a 15-year-old. Chief Roland Nenni said that the youth was charged with first-degree sexual abuse and endangering the welfare of a child. The alleged incident occurred at the day care center on East Park Street in Orleans County within the past year. The investigation was completed with the help of the Orleans County District Attorney’s Office, the state of Office of Children and Family Services and the Justice for Children Advocacy Center. No information about the perpetrators identity has been released due to his status as a juvenile offender, said Nenni.

According to a new study commissioned by the Justice Department, more than one third of sex crimes against juveniles are committed by juveniles. The study by the Crimes Against Children Research Center at the University of New Hampshire showed that juveniles account for 36 percent of all sex offenders who victimize children; seven out of eight juvenile offenders are at least 12 years-old and 93 percent are boys. The author of the study, David Finkelhor said that juvenile offenders are different from adult sex offenders because they are more likely to commit sex offenses in groups, and their victims are more likely to be young males. For more information on this topic, see Study: Many sex offenders are kids themselves and 15-year-old charged with sex offense at daycare center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Child abuse can take place in any day care center in any community. Studies have proven that child abuse is prevalent among any income, race, ethnic heritage, or religious faith.

A Pittsburgh day care center employee was arrested for having inappropriate conduct with children in his care. Matthew Keith Byars, 25, was arrested for allegedly videotaping inappropriate conduct with a boy that he met at Tender Care Learning Center located in Scott Township. He was released on bail but additional charges were filed on Friday and Saturday claiming that Byars sexually abused four other boys, according to authorities. Police said that three of those victims claimed that they had been assaulted several times over the last few years. Byars is currently being held at the Allegheny County Jail.

At some point, most parents have to rely on someone else to care for their children, whether it is a day care center, public school, babysitter, family, or friends. There are many signs that parents should keep an eye out for if they suspect there child has become a victim of child abuse. For example, pay close attention to your children’s eating habits; if children do not have an appetite or overeat, that could be a side effect of abuse. Other signs that abuse is present is if your child starts having nightmares or wetting the bed. For more information on this topic, see Pa. daycare worker accused in child assaults.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An unfortunate incident occurred took place at a day care center in North Tulsa Oklahoma when one-year old Madilynn McDaniel took her shoes off while on the playground. Because the Summer heat in North Tulsa, the ground surface near the playground was extremely hot. The hot pavement at the day care center burned Madilynn's feet and resulted in second degree burns. The incident took place at Educare, a North Tulsa child care center. Madilynn was later treated for the injuries and prescribed Loratab to help her deal with the pain.

Ashia Herron, Madilynn's mother, was concerned regarding the care and supervision at the day care center especially as it pertained to the staff members' response to the incident. Fox 23 News reported a story about the incident. According to the Fox 23 news report, there are some question as to how exactly the incident took place and who was involved with the incident. Because of the incident and her concerns over the care at the facility, Ms. Herron filed a report with the Tulsa Police Department and the Oklahoma Department of Human Services (DHS).

An Oklahoma day care center should be a safe haven for children not a place where personal injuries are sustained. It is well known that extreme weather (whether hot or cold) can present risks of personal injuries to children. In the hot summer months, there are risks of burns to children like this story. There are also risks of dehydration and hyperthermia to children.

When there is an injury to a child at an Oklahoma day care center, the child care staff should document attend to the needs of the child, document the incident, contact the parent, and make arrangements as necessary for further care, evaluation and observation.

For more information on this, see "Baby Burned at North Tulsa."

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

Facebook is one of the most popular sites in the world, claiming over 400 million users. It is a great way to stay in touch with friends and family, but headlines suggest that minors may become victims of sexual solicitation from fake “friends.”

In Louisa County, James A. Dollins of Gordonsville, Virginia was indicted on charges of electronically soliciting minors for sex and soliciting child pornography. According to a criminal investigation, Dollins, 42, pretended to be a 19-year-old University of Virginia female college student and asked boys to send him naked pictures on Facebook.

According to investigators, a parent called the Louisa Sheriff’s Office and claimed that a 19-year-old UVA student contacted her son and asked the child to text “her” nude pictures of himself. An investigation revealed that the 19-year-old female was a persona created by Dollins. A search of Dollins home linked discovered items and documents to the fake profile of “Kelly Redkin.” Investigators said that Dollins had been soliciting several teenage boys for sex and nude pictures in Louisa, Henrico and Chesterfield Counties, starting in 2010.

Dollins was initially charged with two counts of solicitation for child pornography in June. The additional indictments were issued recently by a Louisa Grand Jury. For more information on this topic, see Police: Man poses on Facebook as Virginia college coed, contacts teenage boys for porn and sex.