August 26, 2010

Corporal Punishment Still Prevalent According to Study

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

August 24, 2010

Denver Colorado Day Care Aid Charged with Crimes of Sexual Abuse - Rights of Children - Legal Responsibilities of Day Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Benjamin Janicki, a 19-year-old boy, was a summer hire as a day care aide at Park Hill United Methodist Children's Center. According to Denver's district attorney office, Janicki was arrested and faces at least felony counts of sexual abuse on three preschoolers. Janicki also faces three additional counts of sexual assault on a child by a person in a position of trust, also felonies. Parents were told that the victims were between the ages of 3 and 4-years and that there could be more.

Janicki had no previous arrests according to public records and is being held in a Denver detention center on $650,000 bail. He is entitled to a criminal defense attorney and a trial.

Janicki's case has forced the day care center to close while the state's Department of Human Services investigates "serious and significant supervision issues." If you would like to read more on this story see 19-year-old faces three counts of sexual abuse upon minors at a day care.

Day care workers are selected by the parents and/or guardians of children. A significant amount of trust is placed in day care providers and workers to care for and nurture another's child while the parents and guardians are at work, ensuring financial stability for the child. Any person who would abuse this trust is depraved and immoral. If you suspect someone is a victim of abuse, report the incident to local authorities immediately so an investigation can be prompted as soon as possible.

August 23, 2010

Welasco Texas Day Care Provider Charged with Causing Child Injury

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

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City officials stated the director of a Weslaco, Texas day care center was arraigned recently on a charge of injury to a child in connection to an alleged attack upon a 4-year-old boy. Yolanda Rodriguez, 55, the administrator of Happy Days Learning, allegedly assaulted the child for misbehaving. According to police, the boy had bruises on his arms, back and back of his neck.

Rodriguez was formally charged with a third-degree felony. Her bond was set at $10,000. If convicted, Rodriguez could face up to 10 years in prison and a find up to $10,000. Rodriguez is entitled to a criminal defense attorney and a trial. If you would like to read more about this story see director of day care facility in Texas formally child with causing child injury.

Although children need to have forms of discipline in their lives, there is a line between discipline and abuse. Hitting, grabbing, throwing or otherwise handling a child to the point of bruising should never be condoned. Children have fragile bodies as well as emotions and physical actions against children similar to this one can result in a lifetime of negative consequences to the child victim.

August 19, 2010

Victims of Sexual Assault at Denver Colorado Day Care Center - What Are the Legal Rights of the Victims?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Investigators investigating the sexual assault claims at Park Hill United Methodist Children's Centers now believe there were 3 children who were victims of assault. Investigators also believe they are still more unidentified victims. The Colorado day care facility was closed on Friday by the Colorado Health and Human Services Department. During a recent investigation, investigators said to have found "serious and significant supervision issues."

Denver Police arrested 19-year-old Benjamin Janicki. According to a court report, a young girl told her parents she had been "licked and tickled" by Janicki. Janicki is entitled to a criminal defense attorney and a trial. Records show Janicki has no previous arrests.

It is still uncertain whether the day care facility will remain open or will allowed to stay open. And, even if the center decides to re-open, what parents will re-enroll their children into the facility.

Here are some warning signs, from the Denver Police Victim Assistance united, that indicated a child may have been sexually assaulted:

1. A child acting younger than his or her own age
2. Frequent nightmares
3. Difficulties concentrations

If you would like to read more on this story see The number of sexual abuse victims increases and Denver day care facility.

Continue reading "Victims of Sexual Assault at Denver Colorado Day Care Center - What Are the Legal Rights of the Victims?" »

August 12, 2010

How Safe Are Florida Day Care Centers? Beating of Toddler in Florida Day Care Center Raises Questions and Concerns.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A 13-year-old boy of Bradenton, Florida was arrested for the beating and the possible rape of a 22-month-old girl in a home-based daycare facility. Heather Lovett, the 21-year-old owner of the facility, left the teenage boy in charge of the facility, Our Kids Day Care, while she took something to her boyfriend. Lovett is allegedly dating the teen's father.

The toddler was taken to a hospital by her father after the father noticed injuries on the girl's body. Police reports reveal that the toddler was determined to have been choked, punched and sexually assaulted. The boy admitted to hitting the girl twenty times but denied committing any sexual assault. This is not Lovett's first complaint against her daycare. In June, a parent made a molestation complaint against Lovett and the older brother of the teenage boy charged in this case.

The registration of Our Kids Day Care has now been revoked by the state's Department of Children and Families. However, DCF would not have became involved if a major incident was not reported. This has parents, local authorities and other concerned citizen to question the screening and licensing procedures of Florida daycare facilities. According to published reports, DCF does not inspect or regulate daycare facilities that have fewer than 10 children; Our Kids Day Care cared for 5 children between the ages 10-months to 4-years-old. To read more on this story see Florida screening and licensing procedures are questioned by concerned citizens.

August 10, 2010

Hamilton County Ohio Day Care Worker Sentenced for Illegally Drugging Children to Make Them Sleep

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

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Pamela Hartley, a 56-year-old woman of Hamilton County, Ohio, was sentenced to 6 months in jail and banned from working in the childcare industry ever again. Hartley was one of two women who were accused of drugging children at a Hamilton County childcare facility.

After officials learned that Hartley was giving medication to children at the Covenant Apostolic Church Church Day Care Center, she was charged with child endangerment. Officials said the women were giving children, Melatonin, an over-the-counter sleeping supplement. Donna Scott, 41, is the other woman charged in the case. Scott has a trial scheduled in August and is entitled to a defense attorney. Hartley and Scott were both fired from the daycare. To read more details on this story see Hamilton County, Ohio daycare worker sentenced after giving sleeping supplement to children.

Parents and guardians place a tremendous amount of trust in a daycare facility and its workers. People hired as daycare workers should never neglect their responsibilities and respect the position they have been placed in.

August 7, 2010

Portland Oregon Man Convicted for Child Abuse Crimes Committed at Oregon Day Care Center

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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David Daniel Moore, a 23-year-old daycare worker, was sentenced to almost 17 years in prison by a Multnomah County judge. Moore was charged with the molestation of two different 4-year-old girls at Angela's Academy (or Angel's Academy), a Northeast Portland, Oregon childcare facility.

Moore was a teacher at the childcare facility, which is a home-operated facility that is licensed to care for up to 16 children. Moore was physically abused by his biological mother and was sent into foster care. Angela Braxton-Johnson, owner of the daycare facility, became the foster parent of Moore, she later gave him a job at the daycare.

The crimes came to light after one of the girls told her mother about an incident in November 2009 that happened in the girls' bathroom at the daycare. An investigation was promptly initiated. Afterward, the second girl came forward and told her mother that Moore had given her candy and forced her to perform a sexual act on him.

Moore admitted to police that he had molested the girls. At his hearing, Moore plead guilty to two-counts of first-degree sexual abuse and two-counts of attempted first-degree sodomy.

Moore was screened by the State of California and passed the procedures because he had no prior criminal history and no questionable history of abusing children, said Kathleen Hynes, legal and compliance manager for state division that licenses providers. If you would like to read more on this story see Portland, Oregon man sentenced to almost 17 years in prison after pleading guilty to sexual molestation charges.

State legislatures across the nation are in the process of making their states' screening procedures more stringent. For an example of this see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

If you suspect any incidence of physical or sexual abuse being committed upon a child, contact your local authorities so a criminal investigation and be initiated.

August 5, 2010

Houston Texas 6 Year Old Dies as a Result of Child Abuse - Corporal Punishment by Father

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

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Alex McGowen Duncan, 34, was charged with murder after his son, 6-year-old Tekerrious "TK" Jackson died after suffering from severe bodily injury. Investigators say Duncan repeatedly beat his son in the chest because he would not go to sleep.

Duncan's girlfriend, Tammyra Sampson, was also charged with injury to a child by omission. Investigators say Sampson watched the abuse and only intervened to show Duncan how to properly whip the child with a belt. This is not Sampson's first encounter with Child Protective Services. In 2003, a Texas CPS conducted an investigation after reports of drug use and alleged abuse against one of her children.

Apparently, one of Sampson's children, her 11-year-old daughter, witnessed the beating of Jackson. During an interview with Houston homicide investigators the 11-year-old re-enacted some of what she saw happen to TK over the course of 8 hours.

Duncan was recently reunited with his son after being an absent parent for the past 3 years, according to TK's mother, Lucy Adams. Duncan and his girlfriend are being held on $50,000 bail, both are entitled to an attorney and speedy trial. Sampson's two children were taken into the custody of CPS. If you would like to read more details on this story see Houston father charged with murder after 8-hour beating of his son.

If you suspect a child is being abused, please report the incident to local authorities so a criminal investigation can be initiated.

July 31, 2010

Florida Child Welfare Investigator Arrested for Allegedly Lying about Home and Child Checks

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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QuaKeita Anderson, a former investigator for the Florida Department of Children and Families, has been arrested on charges of misconduct and falsification of child-protective records that contributes to great bodily harm. According to a Florida DCF spokeswoman, the investigation found Anderson lied about visiting a home and conducting a report where child abuse had been reported. She also never conducted interviews with the family. Her actions led to further physical abuse against the child, alleges the spokeswoman.

The 27-year-old, Anderson, began working for DCF in 2007. She resigned on January 14, 2010; DCF had already started its investigation. Anderson is currently being held in jail on a $100,000 bail with a pretrial set for Saturday, July 24. Although it is unknown whether or not she has retained a Florida criminal defense attorney or Florida public defender, Anderson is entitled to legal representation for these serious criminal charges If you would like to read more on this story see Florida DCF investigates a former employee.

Continue reading "Florida Child Welfare Investigator Arrested for Allegedly Lying about Home and Child Checks" »

July 26, 2010

Gettysburg, Pennsylvania Day Care Volunteer Accused of Molesting Children at Day Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Hanover man, Raymond Messinger, 46, was arrested on allegations that he sexually molested 3 children. The children, an eight-year-old girl and two seven-year-old girls, were enrolled at Bretzman Daycare Center, where Messinger was a volunteer and the alleged abuse took place. On May 28, police received information from Adams County Children and Youth Services and immediately started an investigation. Messinger was removed from the daycare facility the following business day. A separate and independent investigation is being conducted on the daycare by the state Department of Public Welfare.

The police are also looking into whether or not the owner of the facility properly notified parents of the suspected abuse. Messinger has rented an apartment from the owner and had also cleared the required background screenings. The owner's residence, which served has the site for the daycare, was properly licensed with the state.

During an interview with investigators, Messinger admitted to the allegations of abuse. He faces up to 126 years in prison if convicted on all charges. If you would like to read more on this story see Daycare volunteer arrested on allegations that he sexually abused 3 children enrolled in the daycare.

Sexual abuse inflicted upon minors may result in a lifetime of physical and emotional trauma. If you suspect any type of abuse you should contact your local law enforcement authorities. Contacting local authorities will prompt a criminal investigation into the matter and have the effect of stopping the abuse.

July 23, 2010

Houston Charter School Student Beating Caught on Videotape - Teachers and Administrators Charged - Rights of Child

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

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Sheri Lyn Davis, a former Houston Charter School teacher, was formally charged with causing injury to a child for the April beating of a student in Davis' classroom, while a fellow faculty member watched. Two of the school's administrators, Principal David Jones and Superintendent Ollie Hilliard, and the other teacher, Gabriel Moseley, were indicted for neglecting to report abuse. The incident was captured on a student's cell phone. The recording led to the firing of both teachers, Davis and Moseley. According to authorities, Davis, 40, repeatedly pummeled and kicked the victim, Isaiah Reagins, a 13-year-old child, after Reagins allegedly laughed at a mentally challenged student. The video recording shows Davis continuously slapping and kicking Reagins. If convicted, Jones, Hilliard, and Moseley could face up to one year in jail; Davis could get anywhere from 2-10 years in prison.

As to the indictments against the Jones, Hilliard, and Moseley, Christina Garza, a Harris County Sheriff's spokesperson, said the message the department is trying to do send is to report any incidents of violence - especially one involving a student being kicked and slapped. The failure to do so is a crime. To read more on this story and to see actual footage of the recording see Houston Charter School teacher beats student, caught on tape.

School officials have a responsibility to protect the children attending their schools. Physical abuse upon a child should never be condoned or not taken seriously. If you have suspicions child abuse you should immediately report them to authorities so a criminal investigation can be pursued.

July 21, 2010

Tulsa Oklahoma Criminal Matter - Man Arrested for Child Abuse Death - 3 Year Old Boy

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

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Cody Sartin, a suspect in the killing of his ex-girlfriend's 3-year-old boy, Jace Burgess, was arrested and charged with first degree murder by Tulsa County prosecutors. Jace suffered serious personal injuries and was rushed to a hospital with a massive brain injury. According to officers, the child also had several bruises covering his entire body: shoulders, thighs, forehead, chin and a broken toe. Jace died as a result of the massive brain injury. Investigators believe that Sartin was babysitting Jace when the injury occurred; however, Sartin claims the injury was an accident.

Court records reveal that Jace's mother filed a protective order against Sartin after Jace's hospitalization. Jace's mother claimed that Sartin was the only person with Jace when the injury occurred. She also claimed that Jace had previously complained of being shaken by Sartin and told his mother that he had "accidents" while in Sartin's care. She also told authorities that Jace had new bruises on his body that were not present early that evening when she gave the child a bath.

Sartin had two other protective orders filed against him by two different women. A court document revealed that Sartin's ex-fiancee and her roommate accused Sartin of threatening their lives, saying "their days were numbered." Sartin also had another protective order against him by a different woman 2003, but the order has since expired. To read more about this topic see Oklahoma man charged with first-degree murder for the death of his ex-girlfriend's 3-year-old son.

The death of this young boy is a tragedy for the family and community. Sartin is innocent until proven guilty and has a right to a criminal attorney and speedy trial. Physical abuse upon a child is a horrific offense and any perpetrator is reprehensible. Suspicions of abuse should be reported to authorities immediately so a criminal investigation can ensue.

July 17, 2010

Enterprise, Kansas Day Care Center Loses Day Care License for Punishment Acts

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

The method of punishment employed on disobedient children is generally a parental or caretaker's decision. However, parents, caretakers, daycare providers and babysitters need to be careful not to cross the line between punishment and physical abuse. Physical abuse upon children can result in a lifetime of physical and emotional injuries for the abuse victims. State legislatures are creating state laws that will require stricter screening procedures for the daycare workers and the licensing of the center. To read more about the stricter screen procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

July 10, 2010

Supreme Court of California Rules Against Insurance Company in Coverage Case Involving Child Molestation Charges - Homeowner's Insurance Should Cover Negligent Acts

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

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On June 17, the Supreme Court of California ruled a homeowner accused of negligently failing to supervise her son, thus enabling him to repeatedly molest a child at the mother's home, may be entitled to coverage under her homeowner's insurance policy. The California high court's decision was unanimous and the court reasoned that because the mother and son were separately insured under the policy, the claim against the mother might be recovered, even though the "intentional acts" exclusion provision of the policy clearly precluded coverage for the claim against the son.

In 2003, Scott Minkler alleged he had been repeatedly molested over a period of several years by his Little League coach, David Schwartz. Minkler accused Betty Schwartz, David's mother, of having knowledge of the abuse but did nothing to stop it. The Shwartzes were covered by Safeco Insurance Co. with Betty as the named insured and David as the additional insured. After Minkler obtained a default judgment against Betty for more than $5 million, she entered into a settlement with Minkler and assigned her claims against Safeco to Minkler.

The California Supreme Court said the language of the policy was ambiguous and thus had to be interpreted in line with the reasonable expectations of the insured. Justice Marvin Baxter, writing for the high court, said Betty could not have reasonably understood the narrowing of her coverage by allowing her son to live with her. To read more on this topic see California Supreme Court rules homeowner's insurance should cover negligent acts.

July 9, 2010

Wisconsin Rapids, Wisconsin Father Gets Sentenced to Prison for Abusing Son - Fractured Bones - Severe Case of Abuse

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

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Joshua J. Werner, a 25-year-old Wisconsin man, was sentenced in Wood County Circuit Court to 1 ½ years in prison and another 7 ½ years for second-degree reckless injury of a child. Wood County Judge, James Mason, imposed the maximum sentence upon Werner as well as 7 years of extended supervision. Werner was convicted of what some experts determined as the worst case of physical child abuse they had seen. Werner was convicted of physically abusing his, now, 2-year-old daughter. According to the criminal complaint filed on August 18, 2008, the child was admitted with a broken leg to Riverview Hospital where official contacted authorities about the possible child abuse of the baby. The infant was then transferred to the Children’s Hospital of Wisconsin in Milwaukee. There, doctors found more broken bones; specifically, 20 broken ribs, broken collarbone, leg, finger, toe and vertebrae fractures. The mother of the child, Nancy Hetze-Werner, 32, initially told authorities that a dog was responsible for the child’s injuries. However, she later admitted that the infant had been alone with Werner. Werner’s defense attorney, Richard Bender, argued Werner’s own experience with childhood abuse, coupled with an IQ in the 65 to 75 range compromised Werner’s judgment and emotional control. To read more about this article see Wisconsin man will serve 9 years in prison for physically abusing his infant daughter.

Fortunately, this child was not killed by the brutal attack she endured. However, this girl may face a lifetime of physical and emotional stress as a result of the attack. Child abuse and neglect should be reported immediately to authorities so a criminal investigation can pursued as quick as possible.

July 8, 2010

Caldwell Idaho Man Sentenced to 10 Years Prison Term for Abusing Child Over 6 Month Time Span

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend's child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

Child abuse is a heinous offense. People who abuse children fail to realize the physical and emotional injuries inflicted upon the child at the time of the abuse and years thereafter. If you suspect an incident of child abuse contact local law enforcement authorities as soon as possible so a criminal investigation can be started; the best place for offenders is behind bars.

June 29, 2010

Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child

By John Jensen, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network inside%20car.jpg Judy Alvis Harper, 60, former owner of the Palmer-Leigh Small World Day Care Centerin Greensboro, North Carolina, will spend a minimum of 16 months in jail for the death of 16-month-old, Jackson Edmonds. Edmonds died of hyperthermia last March after Harper left the child in a car in the drive way of the day care center. North Carolina State officials closed the day care center the week the death occurred, declaring the day care center to be an unsafe, unhealthy and injurious environment. Harper also received a suspended sentence and supervised probation. You can read more about this incident at 60-year-old day care owner receives jail time. Day care providers have a duty to care and protect the children within their custody. Leaving a child unattended in a vehicle is never acceptable. The heat within an automobile increases at drastic rates and can become 45 degrees or more above the temperature outside. Also, a child’s core temperature increases as a rate 3-5 times faster than an adult. Children run a high risk of heat stroke, which can leave permanent injury or result in death. If you have experience the negligence of a day care provider contact a Florida Child Injury Lawyer to discuss your issues and concerns.
June 27, 2010

Parents Leave Children in Car, Parents Go Gambling at Foxwoods, Parents Get Arrested in Connecticut

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see Couple leaves children unattended in vehicle while gambling inside a casino.

The negligence of these parents is disturbing. Children should never be left unattended in a vehicle. Closed vehicles are dangerous environments for children. The temperature inside a vehicle can become 45 degrees Fahrenheit or higher than the temperature outside. Also, a child’s core body temperature accelerates 3-5 times faster than an adult. Children are at a high risk of suffering from a heat stroke, which can leave permanent injury or result in death. To read more on the risks of child heat stroke see Closed vehicles are dangerous places for children.

June 20, 2010

Child Abuse and Neglect at Houston Child Residential Treatment Center

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

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A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).

Residential treatment centers, like Daystar, are designed to provide treatment for the most troubled or disabled children taken into foster care. Children in these facilities suffer from serious emotional and/or health issues. Residential treatment centers have received more than $300 million to care for these children.

Day care centers and residential treatment centers exist in order to provide care and safety to children. It is a tragedy when abuse or neglect takes place in these facilities. Taking advantage of abused or disabled children is morally repugnant and offenders should face serious consequences. Children who are abused and neglected are likely to suffer from a lifetime emotional and physical trauma.

To read more about this incident and other incidents of day care abuse see Disabled Teens Forced into a Fight at Treatment Center.

June 18, 2010

Spanking by Parents or Others - What Is Excessive? What Is Abuse? What Should Be Abuse?

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network State%20Map%20Virigina.jpg Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience. For example a Portsmouth woman was recently charged with child abuse when she was observed spanking her 7-year-old daughter with a belt in a parking lot. The spanking resulted in welts on the girl’s body. The lines become even more blurred and enter the realm of criminal charges when the child is injured during a spanking. It is imperative for parents who resort to spanking their children as a form of discipline to use sound judgment when doing so. Parents need to be aware of the amount of force they are using and the amount of pain they are inflicting upon their children. Although spanking receives a higher level of scrutiny today, the lines have become so blurred between what constitutes punishment and what crosses the threshold into abuse. Corporal punishment and spanking can be the basis of a lawsuit or civil cause of action especially when the corporal punishment / spanking is against the law, against school or day care policies, and / or against the instructions or without the consent of the parents. Take for instance a 2006 child abuse case where a father disciplined his child with a belt for acting “unmanly.” After the child complained to a teacher about his back hurting, belt marks were discovered all over his back and lower body. There is a profound difference between spanking your children as a form fo punishment and a violent beating. Alternative forms of punishment are becoming increasingly popular. Instead of spanking their children, parents are resorting to more consistent and humane types of punishment such as taking away their children’s privileges (watching TV, cell phone and vehicle use) or putting them in time-out. The main question with spanking is: When is spanking or corporal punishment excessive and / or abusive to the child? When is spanking no longer punishment but crosses the threshold into child abuse? These are serious legal issues that are unclear and cause a great amount of debate. A child injury lawyer is an extremely helpful resource if you believe a child to be a victim of violent beatings. For more on this issue please see Spanking: Acceptable Form of Punishment or Abuse?