Articles Posted in Texas

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

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In Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Child Abuse, Day Care Center Injuries, Playground Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Copperas Cove, Texas, a 4 year old student was reportedly injured by a pre-kindergarten school teacher at Parsons Elementary School. It was reported that the first year teacher grabbed the child and drug him to the door. The teacher faces criminal charges for the alleged inappropriate disciplinary acts. You can read more about this story at Texas Teacher Facing Criminal Charges for Injuring 4 Year Old Child.

Published on:

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

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In Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.

When the acts of day care workers and / or administrators lead to the serious injury or death of a child and the acts can be considered reckless in nature, a criminal prosecution may be pursued by the sheriff’s office, police department, and the State Attorney / Prosecutor. It should be noted that a parent or guardian can still pursue a civil case or claim for personal injuries whether a criminal case is pursued or not by the governmental authorities.

A recent incident that took place in Dallas, Texas has resulted in the arrest of a day care center worker. It was also reported that the day care center – Little T’s Tiny Tots – has been temporarily closed pending the investigation into the unfortunate the tragic death of Benjamin Price. Sadly, Benjamin died as a result of hyperthermia / heat stroke associated with being left unattended after a movie field trip in the day care center van. You can read more about this story at Dallas Texas Day Care Center Temporarily Closes – Day Care Center Van Driver Arrested.

Published on:

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

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In Texas and other States, day care centers have the duty to provide timely and consistent supervision of children enrolled in the day care problem. The day care center and staff should properly monitor and account for the children during activities inside the facility, outside the faciliuty, and during field trips. The transportation of children enrolled in Texas day care centers and summer camps can lead to serious personal injuries if there is careless driving on the part of the day care center van driver or other drivers on the roadway. Transporation can also involve the risks of children left behind in the van especially during the sweltering heat of summer. Tragically, a number of children have died as a result of being left behind in a day care center van or school bus. Many day care care center employees, owners, and administrators do not realize the risks associated with leaving a child unattended in a hot vehicle even for just a few minutes. While there are van and bus alarms that can be installed to remind the driver and attendant to clear out the van or bus, there is also a simple process or procedure that can be and should be used during each and every list. It is called a checklist. The use and consistent completion of a checklist can and does save lives. Each child transported on the field trip should be on the list. Roll call should be taken when the bus or van stops at its location. Thereafter, another roll call should be completed when all of the children have exited the van or bus. In addition, it makes sense as a safety precaution for the driver and an attendant (if available) to each do a visual sweep of the entire van and bus at all stops and destinations.

A recent day care center tragedy was repored in Dallas, Texas, It was reported that Benjamin Price, a 3 year old boy, who was attending the Little T’s Tiny Tots Day Care Center died as a result of being left in the day care center van on a hot summer day. Earlier that day, Benjamin and other children enrolled in the day care center program went on a field trip to a local movie theater. He returned to the van after the movies and then fell asleep in the van. Thereafter, Benjamin was left on the bus. It was not reported how long he remained unattended on the bus but it appears that he was long enough for Benjamin to suffer medical complications which appear to be associated with Hyperthermia. Due to the circumstances surrounding the death of this child, an autopsy may be performed to determine the cause of death and if there may have been other medical conditions or causes of death other than those related to being left in the hot day care center van. You can read more about this tragic story at 3 Year Old Boy Dies After Being Left in a Texas Day Care Center Van.

The death of Benjamin Price is certainly a tragedy for his family. It is also a tremendous loss for the extended family, friends, and community.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, Medical Bills / Medical Treatment, and other topics. You can get this book for free at The ABCs of Child Injury.

Published on:

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

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In Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.

It was reported that a lead teacher at the Becky Gates Children’s Center – Texas A & M University may be facing Texas criminal charges after being filmed on video surveillance harming a 4 year old child enrolled in the day care program. In particular, the day care center employee allegedly grabbed the back of the child’s neck and pulled the child’s hair. There may have been other incidents of physical abuse – neglect of the children involving this particular day care center employee. The district attorney’s office and the Texas A & M Police Department are involved with this criminal investigation and possible prosecution of these crimes against a child. See Teacher Arrested for Injuries to a Child – Texas A & M University.

Children enrolled in a day care center have a right to be supervised in a safe and nurturing educational environment. When a child is abused or neglected in a day care center, action should be taken to protect the child and report any criminal conduct to the local law enforcement and social welfare agencies.

The book titled - The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Care, Child Abuse, and other topics. Get this book for free at The ABCs of Child Injury.

Published on:

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

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Day care centers and child care centers have a duty to provide a safe and clean educational environment to the children. It is important that day care centers and their staff members keep poisons and toxins away from the reach of children. It is well know that children are curious and do not always recognize a food item / drink from a poison or toxin. At times, day care providers mistakenly serve poisons or toxins to children under the care of the day care center or child care center.

It is important for a day care center to take precautions to either remove poisons or toxins from the day care center or in the alternative keep toxins or poisons in a safe and secure location. This goes the same for medications and foods that may cause a small child to choke.

In addition to the above, it is important for a day care center to have policies and procedures in place when a child consumes or comes in contact with a poison or toxin. The policies and procedures should be in writing and each and every staff member should be trained in poison and toxin control as well as emergency procedures. The applicable State and local rules and regulations should also be studies and followed as well.

When a child suffers an illness, poisoning, or choking episode due to the negligence of a day care enter, a parent is often times faced with many challenges and concerns. At these times, it is often helpful to consult with a Child Injury Attorney for advice and legal representation. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

A news story was recently reported involving a Gonzles, Texas day care center. The State of Texas Department of Family and Protective Services was reported that a Gonzales may have served the children water stores in milk jugs. There may have been diluted bleach contained in the jugs. Children may have consumed the diluted bleach. See Day Care Center May Have Served Children Diluted Bleach in Milk Jugs.

Published on:

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

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Important questions that every parent of a child in a day care center should ask are as follows:

Who is running my child’s day care center?

What are the risks to my child?

These are basic but important questions for a parent to ask and get the information. Most day care providers are responsible adults who truly care about the safety, education, and welfare of children. Unfortunately, there are others who see a day care center as only a business center. Worse than that, some day care operators use the venue of a day care center to abuse, neglect, and / or assault children under their care.

Certainly, a parent cannot prevent or anticipate all abuse, neglect, or assault related incidents that take place at a day care center. When such acts are discovered, it is important for a parent to take action by reporting the incident to law enforcement, social service, and to a child injury lawyer. Hopefully, these acts will prevent other incidents in the future at the day care center.

If a person has no prior criminal history of assault or abuse, there probably will not be any public records to clue a parent in as to the dangers of a particular person. Furthermore, if a day care center provider has never been caught committing bad acts, the dangerous or abusive propensities of the day care center owner or provider may be unknown or undiscovered. Nevertheless, it is important for a parent to do his or her due diligence to find out what he or she can about the people owning or operating a day care center.

Once a child is enrolled in a day care center, it is important for the parent to frequently visit and, yes, inspect the day care center. Also, a parent should speak to his or her child to find out about the activities and interaction at the day care center with other children and the child care providers. If there are any signs of suspicious activity, immediate action should be taken.

It was reported in San Antonio Texas that a day care center owner was criminal charged with sexually molesting a boy under his care. Bradley Bendele was arrested for multiple incidents of child sexual abuse at a Texas day care center owned and operated by Bendele and his wife. If the allegations are confirmed, it is most unfortunate and tragic that a boy was abused by a person who was responsible for his care, supervision and well being. Mr. Bendele will be entitled to legal representation by a Texas criminal defense attorney or the public defender’s office. See Sexual Assault Reported at Texas Day Care Center.

Published on:

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

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In Texas and other States, drivers should exercise the utmost of caution when driving in or near an area of school bus stops. School buses are typically large, yellow vehicles that are easily seen. When a school bus stops, it should be obvious to all drivers in the area. Unfortunately, some drivers ignore the obvious presence of a school bus and put children in danger by reckless and careless driving. As a result thereof, children suffer serious personal injuries when they are hit by a vehicle in or near a school bus stop zone. See Texas Child Struck by Driver While Walking from School Bus.

A driver was recently arrested and charged with a hit and run collision after he hit a child walking home from school after getting off of a school bus. Ivy Pilgreen, a 1st grade student from Silsbee, Texas, suffered serious personal injuries and required care at the UMTB pediatric unit.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Medical Treatment / Medica Bills, Damages / Compensation, and other topics. A parent or other interested person can receive a free copy of this book at The ABCs of Child Injury.

Published on:

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

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“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.

Published on:

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

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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.

Published on:

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.