Articles Posted in South Carolina

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 By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

Building Block - M - Day Care Center

In day care centers located in South Carolina and throughout the Nation, there is a common danger that many parents and day care center providers do not understand and even ignore.  The common danger to children is present during nap time or sleep time.  There is a risk of suffocation, asphyxiation, and SIDS related injuries and deaths during sleep time or nap time.   Many child care providers and day care center providers swaddle newborns and infants in day care centers. Swaddling is the practice of wrapping an infant in blankets snuggly so that movement is limited.
Pediatric experts have mixed opinions as to the safety of swaddling in the home and day care center.  Many experts warn against the use of swaddling that there is a potential increased risk of suffocation, asphyxiation, and SIDS related injuries that may be associated with swaddling according to some reports and studies.  Some pediatricians and child care providers are proponents of the practice because it tends to calm infants and allows them to sleep for longer periods of time.  Again, others are against the practice of swaddling due to potential health and safety risks. 
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By David Wolf, Attorney

Published by Child Injury Lawyer Network

blocks.jpgSouth 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.

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By DavidWolf, Attorney Published by Child Injury Lawyer Network

SC.jpgA 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.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

day%20care.jpgIn Columbia, South Carolina, a two month investigation by WLTX uncovered what parents should know about their child’s safety in daycares. WLTX found that several day care facilities had issues noted by the Department of Social Services (DSS). There were a variety of issues listed: unsafe facilities, abusive treatment of children, lack of supervision, serving expired milk to infants, and caregivers listening inappropriate music and watching soap operas in the presence of children.

The DSS has a frequently updated database that provides information about complaints and deficiencies for every licensed day care center in the state, both commercial and at-home facilities. DSS visits commercial day care facilities regularly unannounced, but does not visit at-home day cares unless a complaint has been made. DSS shut down 41 facilities since 2010, and generally, they were shut down after a long series of violations.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

SC.jpgIn the United States, most day child care facilities are legally required by law to be licensed. The Child Care Licensing Program in South Carolina enforces laws and regulations established by the State Legislature to ensure that child care facilities provide the basic health and safety requirements for all children in their care.

Despite these licensing requirements, a day care facility in York County was operating without a license. This discovery became apparent when a baby under the care of Kristyn Shipman Edley, 26 died. Edley was arrested and booked at the York County Detention Center. The arrest was for licensing only.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

child%20death.jpgChild abuse is described as any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often accompanied by an injury or series of injuries appearing to be non-accidental in nature.

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

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpg

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

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20South%20Carolina.jpgSpring Break brings high school, college, and other people out to bars, restaurants, and the beach. Most people go to Spring Break destinations to have fun with friends and meet new ones. Unfortunately, Spring Break crowds make for busier roads and, yes, drivers who are under the influence of alcohol and / or drugs. Four fatal crashes were recently reported in the Myrtle Beach, South Carolina. See 4 Fatal Crashes At Beach on Spring Break Saturday.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20South%20Carolina.jpgDue to an increasing awareness and concern about a child safety at day care centers, Kendra’s law has been on the books in South Carolina since August 2010. A consequence of the law is that people are starting to pay more attention to what goes on into child care centers. The law seems to come at a perfect time. The National Child Abuse and Neglect Data reported more than 1700 child deaths were reported in 2007. Some day care centers in South Carolina are easing parents mind by installing new technology in the facilities. Essential Childcare has placed cameras all throughout the center allowing parents to watch their children from a secure website or mobile device. The center has made the process of pick-up and drop-off digital as well. The only people who can pick up a child must be registered in the system ahead of time. A person picking up a child at Essential Childcare will have to be registered in the system ahead of time, touch his/her finger to a machine, and then input a code to unlock the doors. The new technology developments are the result of putting safety at the forefront of child care. For more please read South Carolina child care center implements technology for increasing child safety.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

dog%20collar%20and%20crate.jpgIn McCormick, South Carolina, a family and community are mourning the tragic and most unexpected death of a 9 year old girl. It was reported that Kristen Dutton was attacked by an Akita dog that was purchased just three weeks before the incident by the girl’s grandfather. The Japanese Akita was quite a large dog and weighed in at 98 pounds. The dog bit the girl in the neck and she died from these dog bite related personal injuries at a local hospital. The incident took place outside when Kristen was alone with the dog. It was reported that the South Carolina Department of Health and Environmental Control would pick up the dog to euthanize it. See South Carolina Girl Killed by Dog at Grandfather’s Home.