Child Injury Lawyer Blog

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

In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.

The program was developed in response to the fact that children in foster care often end up homeless, jobless, and incarcerated as adults. The theory is that the money spent on foster programs would be better spent educating the child’ biological parents to improve their parenting skills.

Los Angeles County is taking advantage of a new federal program which allows them to accept a set amount from the government, rather than an amount determined by how many children are in foster care. Under the program, the county can use any excess funds as they see fit. In some cases, the county may pay for furniture for the child’s room, child care, parenting and anger management classes, and even a bus pass to get to job training classes. If the child moves back in the parent may also be eligible for more housing, food stamp and welfare benefits.

The program seems to be working; in the last decade the county has reduced the number of children in foster care by more than half. And the savings in monthly foster care costs has allowed the county to hire more case workers. Find out more about this foster care avoidance program in California by visiting With time and help, a mom may learn to conquer anger.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In June of 2009, Mattel and its subsidiary Fisher-Price, were accused by the United States Consumer Product Safety Commission of knowingly selling millions of children’s toys that were contaminated with lead paint, exposing children to lead poisoning. Mattel and Fisher-Price agreed to pay a $2.3 million civil penalty.

This month, consumers won a multi-million dollar recall suit, which will require Mattel to compensate consumers who purchased any of the affected toys. The settlement calls for the largest toy recall ever recorded.

It is encouraging, heading into the holiday shopping season, that shoppers will be able to buy toys for their loved ones with greater confidence. You can find out more about the recalled toys at Mattel Knowingly Imported Poison.

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

It took less than one hour for a Tulare County jury to return a guilty verdict in this shocking California case. Nancy Ortiz, 24, of Orosi, California was found guilty on second degree murder and felony child abuse charges after she abandoned three of her children.

Two of the children were found alive and have been placed in foster care. The third died of exposure and was found in the bed of a pick-up truck. She was also convicted of misdemeanor child abuse after another of her children was found wandering the streets alone in nothing but a diaper. Ortiz will be sentenced on December 9th, 2009, and could serve over 22 years in prison for her actions.

You can read more about this sad case at Orosi mother who abandoned 3 infants found guilty of 2nd-degree murder in 1 child’s death.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Clackamas County, Oregon deputies arrested Justin B. Blackledge, age 31, for compelling a teen into prostitution, unlawful display of a child in a sex act and several counts of encouraging child sex abuse. Investigators report that Blackledge had a sexual relationship with the teenager in 2007 - 2008. During this time period, Blackledge posted explicit photographs of the teen on a website with the teen's contact information and a list of her sexual services. There appears to be a good bit of evidence on the internet and elsewhere on Mr. Blackledge. His bail was set at $250,000. It is a shame that teens are exploited in this manner.

You can read more about this story at Oregon Man Arrested for Pimping Out a Teen on the Internet.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Associated Press reported a very good but sad story about the trafficking of children for slave and indentured servant type of labor in the United States. The children were reported to work day and night with little to no breaks and very poor wages. While many think that these arrangements only take place outside of the United States, there are numerous reports showing child labor and child labor trafficking as a real problem in California and other States in the United States. You can read the sad stories of some of these children at Child Maid Trafficking - A Real Problem in the United States.

Many people, who put child maids to work, can avoid maids. They live in nice houses but it is not good enough to have a regular maid or housekeeper once a week. These folks want a maid all day and all night. It is a shame that somebody's laziness comes at the expense of a child who is forced to work to pay for a family member's debt or to get virtual slave wages to their families.