Child Injury Lawyer Blog

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

Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

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

Police in Gwinnett County, Georgia have arrested and charged a man and woman with false imprisonment and cruelty to children for using handcuffs to restrain the woman’s fifteen year old son. The teenager was held with the handcuffs for periods of 12 hours at a time and was denied food and water over a three day period.

The couple told police that they were attempting an exorcism on the boy. The boy was treated for injuries and dehydration at a local hospital. The mother and her accomplice are being held in jail pending a hearing.

Reports of suspected child abuse in Georgia can be made to the Department of Family and Childrens Services in the county where the child is found. For more information the Department of Family and Childrens Services Website. You can also read this story as posted in the Atlanta Journal Constitution Newspaper website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other states, parents entrust their children to baby sitters with the expectations and hopes that the child will be properly cared for and protected. Unfortunately, some children are harmed by babysitters due to lack of supervision, inexperience, negligence, neglect, and, in some cases, due to intentional acts of violence. It is well know that shaking a baby can cause serious personal injuries including brain damage and wrongful death. In Provo, Utah, a baby sitter (Danielle Ruiz), age 27, was recently sentenced by Judge David Mortensen for the wrongful death / child abuse homicide of 5 month old - Brandon Zamora. Prosecutors presented a case of child abuse homicide caused when Danielle Ruiz lost control and shook the baby causing brain damage and other injuries leading to the death of the child. Ms. Ruiz begged the judge for leniency and probation but the Judge noted that this crime was too serious to impose a mere sentence of probation.

You can read more about this story at Provo Utah Baby Sitter Gets Up to 15 Years for Boy's Death.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other states, many sexual offenders and child predators leave many victims with permanent psychological and physical injuries until they get caught. Even after getting caught and serving prison time, many offenders re-offend and harm even more victims. In Lewiston, Maine, Joshua Whitlock was recently arrested and charged with with sexual assault including crimes against children under the age of 12 years old. At the time of the recent arrest, Mr. Whitlock was on probation and was a registered sex offender.

Having a registered sex offender in place is helpful but these kind of registry programs in no way fully protect children and other victims when these offenders and predators are released from prison. Mr. Whitlock will be appointed a public defender or, in the alternative, will hire a private criminal defense attorney to represent him. Mr. Whitlock's current crimes should be judged on the evidence of these crimes; however, it is hard to ignore his past crimes or his propensity to victimize others. You can read more about this story at Lewiston Maine Man Charged with Sexual Assault.

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

An Euclid, Ohio dad has been arrested for several criminal charges including child endangerment, attempted murder and assault on a firefighter. Sammy G. Hunter, Jr. faces these serious criminal charges from incidents that took place at his home. It was reported that Mr. Hunter got high, turned on his oven, and tried to shove his son inside the oven. The baby's mother stopped Mr. Hunter from doing this. Mr. Hunter then tried to start a fire in the home that had a natural gas line. Firefighters responded to the scene. Then, Mr. Hunter assaulted firefighters. Of course, Mr. Hunter was arrested for these allegations. He pled not guilty to the charges.

Mr. Hunter will be entitled to an attorney to represent him on the criminal charges. One of the witnesses was the child's mother. I suspect that there is a history of domestic violence in this household. The local police and child welfare agencies will conduct an investigation into this matter.

You can read more about this story at Euclid Ohio Father Accused of Trying to Put Child Into an Oven.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iowa and other states, a sex offender database has been established to keep track of sex offenders, child predators, and others who have been convicted of crimes that pose a risk too others and especially children. Iowa requires registration for all individuals who have been convicted or adjudicated of a criminal offense against a minor, a crime of sexual exploitation, or a sexually violent crime on or after July 1, 1995. The registry allows citizens and residents in Iowa to access this important information and take necessary precautions that parents and others deem fit to protect themselves and their children.

You can look up particular sex offenders, search for registered sex offenders near an address, and access other important information at the Official Website for the Iowa Sex Offender Registry.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragically, children are abused in Iowa every. Some incidents of child abuse are reported and investigated by the Iowan Department of Human Services. Many, however, go unnoticed and unreported as the abused child injuries and needs remain hidden from authorities, law enforcement, teachers, family members and others. Every person who knows of or who suspects child abuse has a duty to report the suspected abuse / neglect. The Department of Human Services has the authority to conduct an assessment of a child who is allegedly the subject of child abuse. There are eight categories of child abuse as set forth in Section 232.68 of the Iowa Code. The categories are the following: physical abuse, mental injury, sexual abuse, child prostitution, exposure of children to drugs or presence of illegal drugs, denial of critical medical care, manufacturing or possession of drugs, and bestiality in front of a child.

If a child is abused or neglected in a school, day care center, summer camp, or other institution, a parent or caregiver may be able to pursue a civil case against the abuser through the services of an Iowa child injury attorney. A child should be given a voice and legal representation to seek compensation for the physical and psychological injuries resulting from the abuse and neglect.

You can read more about definitions of child abuse and how to report allegations of child abuse to the Department of Human Services - Abuse Under Iow Law and Reporting Requirements

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents in Indiana and other states should be very careful as to who they trust to babysit their children. In Veedersburg, Indiana, a couple (Stephen Quick and Samantha Light) were recently arrested and charged with serious crimes of child molestation and child exploitation. Police reported that the couple operated a baby sitting service out of their home and videotaped various sex acts with the children over a period of many months. The videotapes themselves will be very powerful pieces of evidence for the criminal trial should the case proceed to trial. This story should serve as a good learning lesson for all parents. Reserach and check out the people babysitting your children. If Stephen Quick and Samantha Light had no prior criminal record - then it may have been difficult to predict their actions. In addition to criminal history and record, it would be helpful to know if a family home day care or babysitting service is licensed or registered with the State of Indiana. If the allegations are true and proven, the criminal sentence should include prolonged prison time and subsequent probation that prohibits this couple from caring for or being around children where the children would be at risks from these sexual predators. You can read more about this story at Couple Arrested in Indiana for Sexual Exploitation and Child Molestation.

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

Prevent Child Abuse Wisconsin is program put in place by the Children's Service Society of Wisconsin. Prevent Child Abuse Wisconsin provides training and public awareness about child support. It also to helps build community resources and carry out advocacy activities to promote child abuse prevention efforts throughout the State of Wisconsin.

It would be wonderful to rid Wisconsin and other States of all child abuse. It would be nice but it is not realistic to believe that child abuse and neglect can be eradicated.
However, child abuse can be reduced or prevented to some extent with the efforts of Prevent Child Abuse Wisconsin, other organizations, and dedicated individuals including parents, doctors, social workers and other.

At the Prevent Child Abuse Wisconsin website, you can read more information on Signs of Child Abuse and Neglect, What is Child Abuse?, Web Resources and More.

If your child has suffered personal injuries or death as a result of child abuse and neglect, legal representation through a Child Injury Lawyer / Attorney may help you get answers and pursue a civil case against the responsible persons and / or organizations responsible for the abuse.

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

In Oklahoma and other states, day care centers / child care centers inappropriately discipline children in a harsh, neglectful, and harmful manner. We all know that children will misbehave and fail to follow directions at time. Day care center employees should exhibit patience and control when dealing with a misbehaving child. Oklahoma day care centers and child care centers are regulated by Oklahoma Department of Human Services through Requirements for Oklahoma Child Care Centers.

Any discipline by an Oklahoma day care center caregiver or administrator must be constructive, educational, and appropriate for the child's age and the circumstances of the situation. The regulations allow staff members to teach by example, to supervise with firmness, to redirect children as needed, and use other forms of verbal instruction and encouragement of the children. Oklahoma law prohibits staff members in day care centers from spanking, striking, punching, popping, shoving, biting, yanking, or slamming the child. Punishing the child by forcing the child to eat or put something in the child's mouth like hot sauce would also be prohibited under these regulations. Using harsh or profane language is also prohibited. Humiliation is also prohibited by the regulations.

Oklahoma regulations pertaining to behavior and discipline make sense and serve to promote the health, safety, and physical and emotional welfare of the child.

If a facility has inappropriately disciplined or harmed a child in the child care center, parents should consult with an Oklahoma child injury attorney to determine the legal rights of the injured child and what steps to take to deal with the abusive or neglectful conduct of the day care center.

The United States - State Department has reported that Jared Yaffe has been arrested in Brazil and has been returned to the United States. Jared Yaffe is charged with 17 counts of sexual assault and kidnapping. If convicted, Mr. Yaffe could be sentenced to 100 years in prison. Mr. Jaffe is charged with serious and most disturbing crimes where he ran a child pornography ring. He would line up baby sitters who brought him children who he subsequently molested. Authorities conducted an international investigation and search for Mr. Jaffe. Mr. Jaffe's luck eventually ran out and he will now face charges in the United States. You can read more about this story at U.S. Man Accused in Child Molestation Ring Captured in Brazil.

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

An 11 year old Springfield, Massachusetts boy recently committed suicide after daily
taunting and teasing incidents of being gay. His mother made weekly pleas to the school about the problem that ended in her son's death. Carl Joseph Walker-Hoover died by hanging himself.

A child should not have to endure such teasing and taunting anywhere, and certainly not at school. Teasing and bullying takes many different forms, and unfortunately bullies will find something to pick on. Schools are meant for education, and this education needs to include teaching the bully what his or her actions do to others, and to also work with all children to explain that bullies are often acting out of their own insecurities. Teachers need to be better trained to notice bullying and its victims.

Even though schools should be havens of safety and education for children, unfortunately, they are often the source and location of angst for children who are gay, appear to be gay, or are singled out by bigoted and ignorant students who label or accuse them of being gay. Sexual orientation in one direction or another is no excuse whatsoever for intolerant bullying behavior any more than the color of someone's hair or skin.

Almost 90 % of LGBT (lesbian - gay - bisexual - transgender) teens report that they have been verbally harassed at school. Over 40 % report being physically harassed. This is simply unacceptable. Children should be taught that everyone is different, and to appreciate and accept those differences. When needed, schools should take swift corrective action to ensure that bullying isn't tolerated. Far too often victims of bullying end up committing suicide or committing acts like those that occurred ten years ago in Columbine, Colorado. The stakes are simply too high to allow what happened to young Carl Joseph Walker-Hoover to happen again.

You can read more about the problems with bullying in schools at Bullying of Gay Students - Problem and Statistics.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Michigan authorities are conducting an investigation regarding the death of a 9 year old quadraplegic girl. Tragically, her body was found inside a public storage facility.
Shylea Thomas, age 9, lived in Flint, Michigan. She was quadraplegic and needed a feeding tube for nutrition. Genesee County Prosecutor David Leyton, investigators, and police officers are conducting this investigation. Shylea had not been seen for six weeks and relatives reported her missing. Her adoptive mother, who was also the child's aunt, was taken into custody. Shylea's body was placed into garbage bag that was surrounded by moth balls to try to mask the smell of the body.

Investigators are puzzled as to why the child was missing for 6 weeks before anybody reported this matter to police. You can read more about this story at Quadraplegic Girl, 9, Found Dead in Storage Facility.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bullying is a problem that is present in day care centers, elementary and middle schools, and high schools and beyond. To better deal with bullying issues, it is often helpful to study and better understand the psychology and interactions involved with bullying. A University of Florida study indicated that girls were more likely to defend bullying victims than boys. Of course, this does not mean that girls do not bully. Some of the most brutal bullying incidents both psychological and physical have been committed by girls. As noted by University of Florida researchers, there has been a lack of recognition and study of kids who try to defend victims of bullying or stop the bullying incidents from taking place or continuing. The National Youth Violence Prevention Resource Centers estimate that over 5.7 million children are involved in bullying incidents as either the bully or the victim.

It is important to recognize and understand the importance of the defenders. In particular, it would be helpful to know:

What kind of children are more likely to defend against bullying?

What techniques or approaches are best utilized by defenders against bullying?

Why do some children step in to help while others do nothing?

What are the dangers involved in being a defender against bullying?

What are the fears against defenders of bullying?

Yes, bullying is a serious problem nationwide that needs to be better understood by children, parents, caregivers, teachers, administrators, day care workers, police officers, and others.

You can read more about the University of Florida study at Best Bet Against a Bully May be a Girl According to Researchers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Apple Computer recently removed a disturbing application / game from the App Store called Shaken Baby. The premise of the game involves a graphic of a baby crying. When the i phone is shaken, the baby stops crying and two red Xs then form over the baby's eyes. It is a sick joke of a game with truly no viable punch line. While we live in a country of free speech, private companies like Apple have the ability to censor improper, immoral, and unacceptable content. While Apple for some reason initially approved this game for download, Apple eventually came to its senses and removed the game / application from the App Store.

Child safety activists like Patrick Donohue, founder of the Sarah Jane Brain Foundation, were upset with this application and wrote a letter to Steve Jobs and others at Apple in protest of this application. The Sarah Jane Brain Foundation is dedicated to children suffering from Pediatric Traumatic Brain Injuries.

The dangers and lifelong injuries that result from Shaken Baby Syndrome are no jokes and significantly affect the lives of the children and their families for a lifetime. This application / computer program really has no redeeming value and should have never even have been approved for download through Apple's App Store.

You can read more about this story at Apple Pulls Shaken Baby i Phone Application from the App Store.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

USA Today reported on school killings in schools since 1983. A map published by USA Today illustrated school killings in elementary, secondary and post secondary schools across the nation. The map is interactive in that a reader can click on a geographic area or incident to find out more details on the school killings.

Children are sent to school to learn, socialize, and interact with other children. Schools should be havens of education and safety. Schools should not be the site of violent crimes. It is tragic that any child dies as a result of violence that takes place in a school. Educators and administrators should do their best to safeguard schools to prevent or reduce the incidents of school violence. You can view the interactive map and read more about school kills at U.S. Map - School Killings and Violence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police and law enforcement in Phoenix Arizona are conducting an investigation following the stabbing death of an 18 year old student. A Chandler high school teacher was in the center of a dispute / fight between her current boyfriend, who was also a former student, and the 18 year old according to police.

Tamara Hofmann, age 48, called Sam Valdivia to come to her house. Sam, 18, went to Hofmann's house after this late night call. Sixto Balbuena, 20, who was Hofmann's boyfriend, found Hofmann naked in the house and Valdivia in his boxer shorts. It does not appear that teacher and student were up late at night study math or English.

Balbuena was quite upset and took a kitchen knife and stabbed Valdivia with the knife according to court documents. Valdivia later died of stab wounds after being seen at a local hospital.

Hofmann was suspected of having improper sexual relationships in the past but was allowed to keep on teaching. Hofmann obviously showed poor judgment and broke the law if she did indeed have sex with a person under the age of 18 years old.

You can read more about this story at Love Triangle Involving High School Teacher Leads to Stabbing Death.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

People take their parking lot spaces very seriously. Sometimes, people put too much effort and anxiety into parking spaces. In Detroit, Michigan, a 17 year old girl was shot after her father and another man had an argument. Police reported that the argument may have been over a parking space at a Detroit Coney Island. Following the argument, two vehicles left the parking lot but the argument and tempers continued to the point that the driver of one of the vehicles (a Ford SUV) into the other vehicle that was occupied by 17 year old - Octavia McLawrence.

The shooting and senseless death of this 19 year old are under investigation and the shooter is on the loose.

You can read more about this story at 19 Year Old Shot After Parking Lot Dispute in Detroit, Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schoolyard fights and brawls have been around since there have been schoolyards. Technology and the Internet are increasingly being used to video / document schoolyard fights. Many children think it is cool to see their fight online and to show the world online their fight skills and the harm done to other children. Websites including You Tube show hits or the popularity of the video clip which encourages some children to fight and post more. A website dedicated to children safety called wiredsafety.com notes that schoolyard fights posted online and on You Tube are a problem.

You Tube has a procedure for tagging videos involving schoolyard brawls or violent acts. Eventually, You Tube may pull the video. The problem is that You Tube accepts so much content that it is difficult to weed out or pull all violent videos / schoolyard fights of this nature.

Some students post videos of fights at schools or other identifiable locations. This, in turn, can help school and law enforcement officials identify the bullying teens and prosecute them.

Schoolyard fights are well beyond kids fun and mischief. These fights cause both physical and emotional injuries to children. You can read more about this story at Schoolyard Fights and Bullying Causes Personal Injuries to Children.

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

The Georgia Bureau of Investigation (GBI) initiated a major child born bust in March 2009. The GBI arrested 18 adults and one fourteen year old boy in a porn bust that focused on computers and pornographic pictures and videos of children. The GBI seized 74 computers yesterday and expects more seizures and arrests today. The operation, known as Operation Shattered Innocence, began in December after software traced emails containing child pornography.

Criminal convictions could result in prison time of up to 20 years and fines of up to $100,000. The children depicted in the pornography ranged in age from toddlers through teenagers. The GBI sweep was statewide and revealed nude children in pornographic poses and children in sexual situations. For more on the GBI’s investigation go to Georgia Authorities Arrest 19 People in Child Pornography Bust.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An immigrant from Guatemala may be released in North Carolina within the next year or so due to his immigration status and lack of funds for treatment. When the man was 15 year old, he was convicted of raping his 5 year old cousin who was handicapped. It was truly a heinous crime committed by a teen who needed help. He needed treatment and intervention to try to prevent this from happening again. Since the juvenile justice system incarcerates juveniles in North Carolina until 19, there is a real risk that this criminal juvenile defendant could be released without any appreciable treatment. You can read more about this disturbing story at 18 Year Old Sex Offender May be Released in North Carolina Without Treatment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children should respect their elders; however, no child should be physically harmed or beaten especially those under the age of 2. In Indianapolis, Indiana, Tayaun Chism (an 18 year old man) beat his girlfriend's 14 month old toddler - Lilliana Goodman. Why did Mr. Chism beat this child? He beat the child because she allegedly disrespected Mr. Chism. The alleged act of disrespect was that the child was not eating her food as directed. What is the punishment for not eating food as directed? Mr. Chism took a belt to her for more than 1 hour. These heinous acts of abuse put the child in critical condition. The child is being treated at St. Vincent's Hospital.

Mr. Chism should have checked his pride at the door and thought more about the best interest of the child. In addition, Mr. Chism should have recognized that the beating of the 14 month old was a crime. Mr. Chism was arrested on charges of
child abuse.

You can read more about this story at Indianapolis, Indiana Man Arrested for Child Abuse for Beating of Toddler Who Disrespected Him.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Survivors First is a volunteer from that was formed in 2002 to inform and educate victims of priest sexual abuse their treatment / recovery options. Furthermore, the mission of this group is to keep kids safe. Parents and caregivers should be aware of prior incidents and convictions especially of abusing priests in their communities. Various resources of websites on child abuse incidents and prevention are posted at the Survivors First Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schools in Kansas and throughout the nation have school volunteers that assist teachers and administers with activities, lessons, special events, and field trips. A school generally benefits from the involvement of parents and school volunteers. Unfortunately, many of these volunteers use school grounds and the proximity to children as opportunities to molest, assault and sexually abuse children. Background checks of volunteers are important and can keep those who have been convicted of crimes out of the school. Unfortunately, there are a great number of child predators who have not been caughted, arrested, or convicted. Some just slip through the system. As such, it is also important for schools and concerned parents to be on the look out for child predators who slip into the school system as volunteers. I recently was sent a link by a parent of a child who was a victim of a school volunteer. The website - http://schoolvolunteerbackgroundcheck.blogspot.com - is dedicated to the protection of children in the school system. The site contained trial transcripts, statutory references, and newspaper articles focusing on the problems and crimes of volunteers in the school system.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Unfortunately, bullying has been around for years and despite all the advances in Maryland and the rest of the United States - bullying continues to be a problem that can and does result in serious personal injuries, and, in some instances, death to innocent victims of malicious bullies. In Cockeysville (Baltimore County) Maryland, police reported that three juveniles have been charged with first degree assault after brutally attacking, beating, and hitting a fourth grade student / neighbor with a baseball bat. Alex Ayers, age 10, was so severely beaten that he required emergency care a local hospital. The story was reported by WBAL TV 11 and other media outlets as well. The juvenile assailants lured Alex outside to join them by inviting him to play in a football game. It turned out to be much more a game for Alex and his assailants - it turned out to be a brutal crime that should be prosecuted. You can read more about this story at Baltimore County Police Report that Three Juveniles Charged for Beating a 10 Year Old Boy with a Baseball Bat.

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

Mothers are supposed to care and protect their children - not drown and kill them. Tragically, Leatrice Brewer, age 28, did just that. Leatrice Brewer pleaded guilty by reason of mental defect or diseased for crimes committed against her children. Instead of going to prison for life, she will be sent to a psychiatric facility - possibly for life. Psychiatrists diagnosed Brewer with a major depressive disorder when she killed her children. Supposedly, Brewer thought that her criminal acts were saving her children from the dangers of voo doo.

The father of two of the children was not pleased with the plea deal. He is also suing the county officials over the wrongful death of his children. The father, Innocent Demesyeux, stated that the mother should have been judged by a jury of her peers rather than be able to plea out and get sent to a psychiatric facility.

You can read more about this story at Mother Who Killed Three Children Gets Sent to Psychiatric Facility.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant Section 418-1.9, Discipline, New York Codes, Rules and Regulations (NYCRR), child care centers are prohibited from using corporal punishment for discipline or any reason whatsoever. The New York child care center regulations define corporal punishment punishment directed directly on the body. What does corporal punishment include? It includes spanking, biting, shaking, slapping, twisting, or squeezing the child. It also includes the requirement of excessive physical exercise or forcing or requiring the child to remain in an uncomfortable or bizarre position. Forcing the child to eat certain foods like spicy foods is also a form of corporal punishment.

Unfortunately, many New York child care workers either do not know these laws or just choose to ignore them. In New York and most other States, corporal punishment in any form just does not have a place in a child care center / day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Crittenden Unit for Special Investigations (Vermont) uncovered evidence of child abuse and neglect involving a 3 year old child. CUSI officials reported that Manny Francis inflicted serious physical abuse on the 3 year old. The abusive acts included strangulating and burning the child. The child was injured as a result of the incidents. While the injuries were not life threatening, the psychological injuries could last a lifetime.

The abuse of a child by such heinous acts are truly cowardice in nature. Hopefully, the criminal justice system will effectuate a punishment commensurate with the crimes committed against this child. You can read more about this story at Man Arrested for Abuse to Vermont Child - Strangulation and Burning of the Child.

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

The parents of a teenage girl filed a wrongful death lawsuit following the death of their 18 year old daughter. The girl was shot and killed by Huntington Beach police officers when they responded to a 911 call about a woman walking with a knife in a park. The girl had been partying the previous night and after getting into a fight with her mother, who she attacked with a knife and cut, left the house with the knife. The teenager was later seen at the park with the knife. When told by police to give up the knife, the girl refused and told that police that she was on drugs and to kill her. The girl began running toward the police with the knife and was shot 15 times by policy when she came within eight feet of the officers.

The police were accused by the parents of using excessive and unreasonable force. Both police officers involved in the incident were cleared in an official investigation. The officers’ defense was that they were forced to make a split second decision when faced with a dangerous woman with a knife. To read more about this story see the Los Angeles Times article at Family Settles Wrongful Death Lawsuit for Huntington Beach California Police Shooting.

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

Police in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend's 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

Head injuries involving infants and toddlers should be thoroughly investigated. In some cases, the distinctions between intentional and abusive injuries from accidental injuries / medical conditions are quite clear.

You can read more about this story at Georgia Man Arrested in Death of 2 Year Old In Brunswick, Georgia.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 20 year man with a painted face, bulletproof vest, and an 8 inch knife entered the "Fabeltjesland" — Fairytale Land - Day Care Center in Brussels, Belgium. Upon entry into the facility, the suspect currently identified as "Kim D." started stabbing and slashing at the children and day care workers. The suspect murdered a 9 month old, a 6 month old, and a day care worker.

This violent crime has been a real shock to the families, school, community and Belgium as a whole. The story made international news. Apparently, the suspect had the address of other day care centers in his possession. It is unknown what motivated the suspect to commit these heinous crimes. Hopefully, justice will prevail on this matter. You can read more about this tragic story at Man Charged in Joke Day Care Killings.

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

Parents and caregivers in Alabama and Other States send their children to child day care to get supervision and care in a safe living environment. Child day care staff should be caring and diligent in their responsibilities. Pursuant to the State of Alabama - Minimum Standards for Child Day Care Center - Regulations and Procedures, a child day care center is prohibited from the following types of disciplinary practices:

The use of any form of corporal or physical punishment is prohibited. What is corporal or physical punishment? This would include spanking, kicking, pushing, biting, pinching, shaking, hitting, thumping, hair pulling, ear pulling, and any other type of physical act like these whether or not visible injury results or not.

The use of verbal abuse is also prohibited. Physical injuries can produce scars, fractures, and other types of personal injuries. Verbal abuse can also have life long effects on a child as well. What is verbal abuse? This would include name calling, shaming, derogatory or mean remarks about the child or the child's family. It also involves the use of language or words that threaten, humiliate or frighten the child in the day care center.

The use of physical restraint for punishment is also prohibited.

There is also a regulation that prohibits the child day care center from using another child to administer punishment.

Beating, shaming, and restraining are prohibited under Alabama law. It does not matter that the day care worker grew up with beatings, spankings, or beltings as a form of punishment or whether these forms of punishment are thought of as effective. Alabama law prohibits these acts. If a day care or child care worker thinks that spankings are the most effective way to discipline a child in a day care center and then commits these acts, that day care or child care worker needs to find another career and a criminal defense attorney as well.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother of a five month old was recently given a five year prison term for drowning her own child in Milwaukee, Wisconsin. Arkisha Johnson was brought into a Wisconsin courtroom to receive her sentence. Arkisha Johnson is brought into the courtroom Wednesday for sentencing for drowning her 5-month-old son, Will, last year. This is a tragic story for the mother, child, the family and the community.

Arkisha Johnson was well known to be emotionally troubled by the State of Wisconsin Welfare System. As such, caseworkers knew or should have known that placing any child, especially a 5 month old, in her sole care and custody created a dangerous situation for the child. According to an investigation, caseworkers were aware of Ms. Johnson's instability and had been instructed not to leave the baby (Will Johnson) with her unless she was stable and taking all of her medications.

During the weeks prior to the drowning death of Will Johnson, Ms. Johnson was increasingly erratic and suicidal. It is unclear from newspaper reports what efforts (if any) the caseworkers took to determine if Ms. Johnson was stable and taking her medications. Of course, the worst thing that a caseworker can do is assume that everything is fine. Based on Ms. Johnson's troubled history and mental condition, would it be reasonable for a caseworker to assume that the child is in no danger if left alone with this woman? How much time if any was spent interviewing or speaking to Ms. Johnson prior to the fateful day that Ms. Johnson killed her child? What questions were asked?

The case of Will Johnson and other incidents involving other children have called into serious question the conduct, action, policies and procedures of Bureau of Milwaukee Child Welfare System and La Causa, a private child welfare agency.

In Wisconsin and other states, a test and license are required to operate a motor vehicle on the roadways. Those who fail the test or who do not have a license are not permitted to drive. Parents, on the other hand, do not typically take a test or need a license to have or care for a child. When a parent exhibits behavior or conduct that calls into question his or her ability to parent, Wisconsin and other States have a duty to step in to protect the child. In the case of Will Johnson, it appears that the State of Wisconsin and the La Causa dropped the ball in protecting this child.

You can read more about this story and other problems within the Milwaukee, Wisconsin child welfare system at Milwaukee Woman Gets 5 Year Prison Sentence for Drowning Death of 5 Month Old Son.

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

Ohio children are entitled to live in a safe environment free from child abuse and neglect. This same concept applies to children who are being cared for in schools, day care centers, children care centers, churches, summer camps, and foster homes. Corporal punishment or physical punishment can often times be defined or qualify as abuse and neglect of the child. An important legal issue in Ohio and other States is
what level of corporal punishment is appropriate under the law. The key language under the Ohio Revised Code O.R.C. Section 2919.22 - Endangering Children provides that children should not be subject to corporal punishment or physical discipline or physical restraint for a prolonged period that is excessive under the circumstances and creates a substantial risk of serious physical harm or personal injury to the child. This statute is subject to interpretation by case law and situation. Child safety by parents, care givers, teachers, and others should be a primary concern. If there are doubts or concerns about the level or type of punishment allowed by this Code section under the law, then the administrator of the punishment, discipline, or restraint should refrain from such activities. Ohio law leaves a door open to corporal, physical punishment and restraint for parents, caregivers, and others who will often times go well beyond what kind of conduct is allowed by law.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A St. George, Utah man was recently sentenced to life in prison without parole. Marc Clifton Bryant was convicted of the heinous crime of rape and torture of a 16 year old girl with a screwdriver and a blow torch. What a deviant! Mr. Bryant was convicted and sentenced in absentia. In other words, he did not attend the trial because he had fled the State but was later arrested in the Jacksonville, Florida at a Golden Corral after his crimes and the case was reported on America's Most Wanted. You can read more about this story at St. George, Utah Rapist Sentenced to Life in Prison Without Parole. This story was reported at the Salt Lake City (Utah) Tribune website at Rapist Gets Life in Prison Without Parole.

The rape, molestation and torture of this teenager certainly has resulted in lifelong physical as well as emotional scars on this teenager. It is most unfortunate that people like Mr. Bryant continue to inflict their will and deviant acts on child victims.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An Ogden, Utah teenager was beaten by three teeangers and two adults. There was little evidence for the criminal and police investigation until the attackers posted a video of the attack on You Tube. A 15 year old student from Mt. Ogden Utah Junior High was the victim of a beating by Alexandra Gutierrez, Paloma Lopez, and three teenagers from Mound Fort Junior High. The victim was kicked, punched and kneed in her face. The fight was encouraged by others. This is far from harmless fun or a mere school yard scuffle. Serious injuries and even death can result from even one punch or blow to the head.

You can read more about this story and see a video news report of the story at 5 Arrested in Ogden, Utah as a Result of Fight on You Tube.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Going to the movie theater during the holiday break can be deadly. James Joseph Cialella, 29, of Philadelphia, Pennsylvania became upset over noisy movie goers and decided to open fire in the movie theater. Police were called to the theater and arrested Cialella who was carrying a .380 caliber handgun in his pants.

Whether you are in the movie theater, restaurant, city streets or any other place, you never know who you will run into. People have tempers that are quite unpredictable. While events like the Cialella movie theater shooting cannot be predicted, parents with children and others should try to steer clear of stranger and temperamental folks during the holiday season and other parts of the year.

You read more about this story at Shooting at Movie Theatre in Philadelphia Pennsylvania.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Matteo Hansen, an 18 month toddler, died as a result of injuries sustained at an apartment complex in Wilton, Maine. Further investigation by local police and the medical examiner's office indicate that the death was not caused by an accident but by homicide. As such, an arrest was recently made in this tragic case. Maine State Police report that David Cook, the 25 year old boyfriend of the mother, was arrested for the death of Matteo Hansen. The details of the autopsy and forensic evidence have not been released of yet. People in the community of Wilton, Maine are closely following this story as the death of Matteo Hansen. The Child Injury Lawyer Network would like to thank a concerned citizen of the Wilton, Maine community for alerting us as to the recent arrest of David Cook. Children are the greatest resource for any community. The safety of children should be the focus of parents, extended family, teachers, and the community in general. Unfortunately, child abuse and neglect continues to be a problem in small and large communities alike. You can read more about the Matteo Hansen story at Boyfriend Arrested for Toddler's Death in Wilton, Maine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 16 year old boy recently freed himself from captivity from a California home in the United States. . . yes, a boy was shackled like an animal in the country known for being the home of the free. Another suspect was recently arrested for his role in the case involving the ongoing torture, child endangerment, and corporal injury as well as false imprisonment to the 16 year old boy. Three other suspects were previously arrested in this bizarre case that came to light when the boy escaped and was found by good samaritans at a local gym who stepped in and got the boy some help, freedom, and safety. Reports indicate that the boy spent 1 year in captivity. The torture, personal injury, mental and physical pain and suffering for this year is hard to completely appreciate. Hopefully, justice will prevail regarding the criminals who caused harm to this child. Furthermore, let's hope that the child gets the medical attention and counseling he so greatly needs after being held captive for 1 year.

You can read more about this story at Another Suspect Arrested in California Teen Shackled Case.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Delaware County, Indiana mother (Sherri Feuston) was recently charged with neglect of a dependent, battery, and confinement. Prior to sending her 9 year old son to work, Feuston held down her down and scratched the b----- word on her son's forehead. After showing up at school for derogatory graffiti on his forehead, Selma Elementary School officials contacted the police. When questioned by authorities, Feuston admitted to the incident but stated that it was just a joke. This "so called joke" got Feuston arrested and subjected her to the criminal charges.

Parents, caregivers, teachers, day care workers, and others responsible for the supervision of children should protect and look after the safety, welfare, and well being of children. Feuston's conduct seemed to be that of an immature teenager than a mother who is supposed to protect her child. You can read more about this story and see a photo of the child's forehead at Indiana Mom Scratches Derogatory Word on Son's Forehead and Then Sends Him to School.

By Thomas J. Duff and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Iowa Department of Human Resources publishes a very important guide for Mandatory Reporters to report child abuse to this agency. A Mandatory Reporter is defined as a person who, under Iowa Law, has a legal obligation to report child abuse. Mandatory Reporters include teachers, physicians, day care owners / employees, and others. You can review the Iowa Mandatory Reporters of Child Abuse for more information and details.

Whether a serious child injury or death is reported to Iowa state officials or not, the family of the injured child can retain a private attorney to represent the interests and rights of the child. It is important to give the child a voice to enforce / promote the rights of the child especially when an innocent child is harmed by the intentional or negligent conduct of another person.

The Iowa Code pursuant to Section 232.68 outlines eight types or categories of child abuse as follows: physical abuse, mental injury, child prostitution, presence of illegal drugs, denial of critical care, manufacturing or possession of a dangerous substance, and bestiality in the presence of a child.

Any kind of child abuse or mistreatment is unacceptable. Teachers, day care and child care personnel, family members, friends, neighbors, coaches, doctors, and others have a obligation to refrain from intentionally or accidentally / negligently harming a child in Iowa. Proper supervision, care, and, yes, common sense are vital to the health, safety and well being of children in Iowa.

By Jeremy Vishno, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Thousands of children are abused and neglected every year in the State of Connecticut. The United States Department of Health and Human Services, Administration on Children, Youth and Families, Children's Bureau reported that 13,285 incidents of child abuse took place in 2004. You can read more about these statistics and more at Connecticut Child Abuse and Neglect - Solutions to Save Lives and Prevent Crimes This figure represents the official number of incidents. Child abuse experts suggest that the actual number of abused and neglected children may actually be 3 times higher than this figure.

Tragically, children are abused and neglected in and outside of the home. The abuse and neglect can be physical and / or psychological in nature. Day care centers and child care centers are often times overloaded with children and lack competent and caring staff members to handle the special needs of young children. Many toddlers and infants cannot use their voices to report abuse and neglect and are often the silent victims of unreported or unseen incidents of abuse and neglect. It is important for families, extended families, teachers, friends, and others in contact with children to be aware of unexplained injuries, fractures, lacerations, eye injuries, facial injuries, bruises, and welts that appear to be suspicious in nature. Children, whether they are under the care of a parent, neighbor, friend, family member, or day care / child care center, are entitled to be cared for in a safe and decent living environment. If there is a suspicion of abuse or neglect, the Connecticut Department of Children and Families should be contacted. In addition, it may be helpful to consult with a Connecticut child injury attorney to discuss your the rights of the abused and neglected Connecticut child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Some people have a fear of clowns. Well, there is good reason to fear a clown named Trim Trim The Clown (otherwise known at David Albert Lemus). Lemus performed at birthday parties as a clown. He wore the big shoes, the make up and the works. He also molested children and forced them to perform sexual acts. Lemus recently pleaded guilty to molesting children and now faces 12 years in prison. If Lemus goes to prison, I would guess that his safety would be at risks from those inmates who do not have a fond appreciation of clowns who molest children at birthday parties. This California clown will be off the streets but there are plenty of other child predators out there. When arranging for a party, it is helpful to have some information from the performers and businesses. Not all companies perform adequate background checks. Furthermore, if Trim Trim never was arrested or convicted of such a crime, the parents, who arranged for the party, would have never known. With or without a background check, make sure that no children are alone with party performers. Better safe - than sorry. For all those sick clowns or others out there who have an urge to molest children, get some help and stay away from children. You can read more about this story at Fontana Area Clown Pleads Guilty to Molesting Children.