Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Littleton, Colorado and other cities, the new school year has begun. For most children, the first days and weeks of school are filled with fun new learning adventures, seeing friends, and making new ones. Unfortunately, the new school year has greeted some children with injuries, abuse, and neglect at the hands of child care and day care providers. In Littleton, Colorado, a child care worker showed poor judgment by duct taping a boy's hands to his head. This bad judgment in child care resulted in the day care worker's arrest by the Douglas County Sheriff's Office. Matthew James McGregor, age 21, was employed for Roxborough Roxstars, a program run for before and after school care for the Douglas County School District.

The Douglas County School District touts itself as providing quality care for children during, before, and after school. The Sheriff's Office reported that the incident may not have been intended as punishment but just horseplay between the substitute teacher and the student.

Teachers, substitute teachers, day care providers, and child care workers need to provide children with a safe haven during the school day and during before and after school programs. You can read more about this story at Colorado Teacher Arrested for Duct Taping a Student in Douglas County School Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 2-year-old girl was seriously injured at her day care in Raleigh, North Carolina. Apparently the toddler was attempting to climb a bookcase, when the bookcase fell and hit her on top of the head. The incident is being investigated by the Tennessee Department of Human Services - specifically the supervision issue.

The day care facility, Bright Horizons day care, voluntarily closed after the accident and is uncertain when it will reopen. The facility cared for 75 children and had 13 staff workers.

The facility has been inspected in the past and Tennessee DHS officials were found to incomplete files and an improper ratio of caregivers to children. After the director of the center was replaced there have been no violations after subsequent visits. If you would like to read more about this story see Toddler falls off bookcase in Raleigh day care.

Hopefully this child was not injured badly and will make a full and quick recovery. Day care providers and child care workers eed to maintain constant supervision over their children, especially toddlers. Toddlers are curious and have an overwhelming tendency to wander into places that are not "child-proof". Therefore, adults, guardians, care takers, day care providers and babysitters need to always keep a watchful eye out for the health, safety and well being of children.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Duluth, Minnesota City Council recently passed an ordinance by a unanimous vote as to restrictions as to where Level 3 Predatory (Sexual) Offenders can live within the city. The new city ordinance would prohibit these sexual offenders from residing within 2,000 feet of an school, playground or day care center. Ordinances like these make it more difficult for sexual offenders who have been released back into society to find affordable housing. The mission or goal of such ordinances is to protect the safety of children from those who have a history or propensity to victimize children. Of course, not all sexual offenders repeat their crimes. Furthermore, not all sexual offenders victimize children; however, if the ordinances protect children - they make sense. There would be challenges to such ordinances. Passing new laws is not always easy or popular. Keeping children safe with new laws or other actions simply makes sense. See Duluth City Council passes ordinance limiting where sex offenders can live

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

In Alabama and other States, trust is a vital component of placing a child in a day care center. If a parent has concerns or lacks the trust of a day care center or child care provider, a parent may consider changing day care centers. Many parents rely on faith based or church day care centers to provide child care during working hours. In Alabama and Other States, the government regulations for a church day care center may differ from a commercial (non faith based) day care center. For instance, background checks may not be required if the day care center is connected to or affiliated with a church. While background checks do not automatically make a day care center safe and free from dangers, background checks do help weed out sexual predators and others with a criminal background who may pose a danger or risk to children. When selecting a day care center, ask if the day care center performs background checks and also ask to see the licensing and survey documentation for the facility. You can read more about this topic at Day Care Dangers - Alabama - Faith Based Day Care Centers and Exemptions from State Regulations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents face a dilemma as to child care - keep the child at home or put the child into day care. When making this decision, it may be helpful for parents to consider studies conducted as to the benefits, detriments, and risks associated with day care for children. The National Institute of Child Health and Human Development conducted a study to determine the effects (good, bad, or indifferent) of having a child placed in a day care setting or environment. Some parents have no other choice but to go the day care route. Others do have a choice. Either way, it may be helpful to review this story to learn more about the effects of day care. See Is Day Care Damaging to Children?

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

In Lufkin, Texas, a teacher's aide was arrested based on criminal allegations that she struck / hit a 4 year old boy. The incident took place at the Slack Elementary School. It was reported that another teacher's aide witness the acts of Debra Martin Fuqua (age 54). There were subsequent investigations of the incident by the school district as well as Child Protective Services. This was an interesting story in that the alleged criminal acts were witnessed by another school employee. Often times, a child has no such adult witness to step up and serve as a witness on the case. See Lufkin Texas Teacher's Aide Arrested.

The mistreatment of children in day care centers, schools, and homes is wholly unacceptable. Physical violence and corporal punishment cause physical personal injuries and often times long term psychological injuries as well.

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

In Ohio and other states, accidental injuries take place in day care centers. It is important for day care providers and child care providers to recognize and respond to injuries. First Aid kits should be readily available and the parent should be immediately contacted should the injury require medical care beyond a simple bandaid. The Ohio Department of Job and Family Services requires day care centers to complete an Incident Report when there is an injury that takes place at a day care center. Incident Reports like these are important in that they help document the incident for the day care center, parents, and the State of Ohio. Recognizing and reporting accidents and incidents that lead to injury can help bring a better safety awareness to day care centers. There are many issues or questions that arise when a child is injured in a day care center including the following:

When did the incident / injuries take place?

What students / day care center workers were present at the time of the injury?

What was the cause of the injury?

Were the injuries preventable?

Was there an issue with the supervision of the children?

Was there an maintenance issue with the facility that caused the child personal injuries?

See Ohio Day Care Center Accident / Incident / Injury Report.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Toddlers are at risk for choking incidents in homes and day care centers. Due to this real danger, parents, babysitters, teachers, day care providers, and child care workers should take precautions to remove items from the reach of children that may lead to a choking incident. Parents and caregivers should be super diligent in monitoring what a child eats, what is within reach of a child, and what toys are available and appropriate for a child. It is estimated that approximately 2.5 million children in the United States experience some type of choking episode or incident every year after consuming or swallowing a foreign object. Of these, medical researchers estimate that 2,000 deaths result every year. This is a staggering number considering that many such incidents are avoidable with proper supervision, consistency, and some common sense. One suggestion from medical experts is to do a "Toilet Paper Tube Test." If an item can fit through a toilet paper tube, it is too small to be left within the reach of a child. Safety precautions and solid supervision can help prevent many choking incidents from taking place. This would certainly reduce the number of associated choking personal injuries to children. You can read more at Doctors Warn of Choking Hazards to Children.

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

In New York and other States, two things don't mix well - day care centers and guns. In Syracuse, New York, a man was sentenced to prison for having a shot gun outside of a New York day care center. He was charged and sentenced for criminal possession of this firearm / weapon. Police had responded to the scene after getting a call that shots were fired. While no children or others were injured, the man was still charged with a crime. See Syracuse, New York - Man Sentenced to Prison for Having Shotgun Outside of Day Care Center.

Day care centers should be a safe and nurturing haven for children. Unfortunately, people put children at danger in day care centers frequently by conducting criminal activity in and / or around day care centers. Vehicles have been reported to crash into day care centers and some people have even run drugs in or near a day care center. The safety and welfare of children should be a paramount concern for the day care center, the community, and any persons in or around a day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Clear Lake, Minnesota and other cities, parents place their children in day care center with the hope and expectation that the children will receive care in a nurturing, clean, and safe environment. Unfortunately, children in Minnesota are abused, neglected, and injured in Minnesota day care centers. Some children even suffer serious personal injuries or die as a result of poor care or criminal acts in a day care center. In Clear Lake, Minnesota, a Ham Lake (Minnesota) man - Joshua Paul Emery - was sentenced to 6 years of prison for an incident that took place at a day care center. Emery punched a 3 year old girl enrolled in the program because she was crying. The trauma was this punch caused her bowel to perforate which in turn required surgery. Emery was charged and subsequently he pleaded guilty to the criminal charges of assault.

Some people do not have any place being around children in a day care center. If a person lacks training or the patience to deal with children, that person does not belong at a day care center. You can read more about this story at Ham Lake, Minnesota Man Gets 6 Years for Assaulting Girl at Day Care Center.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Charlotte, North Carolina, a man tried to abduct / kidnap a 4 year old boy from a Charlotte gym while the boy's father was working out. The gym provided for day care services for members. While the boy's father was working out, a man came to the day care center part of the gym and told the attendant that he was a friend of the boy's father (work out partner) and that he was there to pick up the boy. As the attendant was gathering the boy's belongs, the boy stated that the man was not his father and that he did not know the man. The attendant then informed the man that the attendant would need to contact the father before releasing the boy out of the care and custody of the gym's day care program.

Fortunately, the child spoke up and the child was not released. It was quite frightening for the mother of the child to learn of the details of this story. Child predators and offenders go to great lengths to get their next victims. One would think that a child in a day care center would be safe from the harm or victimization. When parents take a child to a day care center, parents should find out the policy and procedures for drop off and pick up. Make sure that the procedures prevent incidents like this from taking place. Not all children are going to speak up and let an attendant know that there is a problem. That is why proper policies and procedures are so important. You can read more about this story at Stranger Tries to Take Boy from Charlotte, North Carolina Gym Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In selecting a day care center for a child, a parent should do some research to find out information about the day care center. It is much better to do this research so that the parent is making an informed and good decision about the day care center. Price, location, and convenience cannot and should not be the only factors to be considered by a parent. There are typically many options available for parents. The best option is not always the easiest day care option for a parent. Erin Toombs wrote an excellent article titled Choosing a Day Care Center. I would recommend that parents read this article and follow some of the tips in making a decision as to a day care center. The selection of a good day care center can make a big difference for the child. The safety and education of a child in a day care center are the most important factors to consider. Day care centers should have an "open door" policy to visitors, follow state and local day care regulations, have proper staff in place, train staff on an ongoing basis, and have good facilities including playground facilities, classroom facilities, napping areas, and clean bathroom areas. Day care centers that follow policies and procedures and implement high quality standards are less likely to have children suffer serious personal injuries due to negligence or poor safety precautions.

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

The National Governors Association has selected Oregon and five other States to help promote and establish higher day care standards. States already have day care standards that address the health, safety, and welfare of the students. For instance, most states, if not all of them, have staff to child ratios for day care centers. In looking to go beyond basic standards, Oregon will be looking at other factors that will improve the day care experience for children. For instance, one such area would involve monitoring how a child retains information during story time. It appears that the day care program or model being considered or implemented by Oregon will look deeper into the day care experience of the child. You can read more about this story at Oregon Looking to Lead the Nation in Raising Day Care Standards.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The New Hampshire Bureau of Child Care Licensing is the state agency responsible for licensing, inspecting, and regulating day care center and child care centers in the State of New Hampshire. According to a recent news story reported in the Eagle Tribune Online, many day care centers are cited with serious violations of state day care centers. Unfortunately, many of these violations cause or eventually lead to the cause of serious child personal injuries to New Hampshire children.

Some of the violations involve the threat or implementation of corporal punishment. Others involve facility standards involving the safety of a child like a playground in disrepair or exposed rusty nails in and around the facility. It is important that the State continue these inspections which should be conducted with regularity but in practice can range from 1 to 3 years between inspections. You can read more about this story at Many New Hampshire Day Care Centers Violating State Standards. You can also view the New Hampshire Bureau of Licensing Website for general information on day care centers throughout the State of New Hampshire.

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

In Maryland and other States, parents, who need to place a child in day care, must make the decision between a Maryland home day care center and a Maryland commercial or traditional day care center. A good article was posted regarding this topic at Advantages and Disadvantages of Day Care for Kids.

The advantages of Maryland home day care centers include the following:

*Cost is typically lower than traditional commercial Maryland day care center;
*Small number of children allow for individualized attention;
*Typically one child care provider which allows the child to bond with the child care provider;
*Few children may equate to fewer illnesses and germs;
*Size of the home day care center allows for more flexibility in accommodating individual needs of the child and family.

The disadvantages of Maryland home day care centers include the following:

*More staff members allow for continued care if one caregiver is sick or goes on vacation;
*Rules are typically more formal and this may lead to better following of these rules as to the care of the children; and
*There are typically supervisors in place to monitor the actions of the caregivers.

Of course, there are other advantages and disadvantages to each type of day care center in place. A parent should inspect the day care center to make sure that the needs of the child can be met and are met by the day care center.

Consistent child care supervision can help prevent serious child personal injuries from taking place. Unfortunately, many day care centers, whether the day care center is a Maryland home day care center or a Maryland commercial day care center, fail to provide adequate supervision and safety precaution. This, in turn, can lead to a serious child personal injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former daycare worker is facing criminal charges regarding an incident that took place at the For Kids Only Child Care Center in Shepherdsville, Kentucky. The former day care worker, Ashley Miller, is accused of placing a pillow over a child's face who was enrolled in the day care center. According to the news report, there was video surveillance at the facility at the time of the incident. Assuming that the video was preserved and can be admitted into evidence, it may be a tough case for the child care worker to defend her actions. Placing a pillow over a child's face is dangerous and can lead to serious personal injuries and, in some cases, wrongful death. You can read more about this story at Former Day Care Worker in Sheperdsville, Kentucky Accused of Abusing 1 Year Old - Power of Video Surveillance Evidence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and Other States, day care centers have been the unfortunate locations of automobile accidents and trucking accidents. Because many day care centers are situated in commercial areas near busy streets and highways, there have been a number of reported automobile accidents in which a vehicle crashes into a day care center facility / building. In Billerica, Utah, it was reported that a mini van crashed into a Kindercare Day Care Center. There were no reported serious personal injuries to children but two infants were transported for medical evaluation at local hospitals following this Utah crash. The police investigating the accident reported that the driver stated that she meant to hit the brake when instead she hit the gas / accelerator.

When driving in or around schools or day care centers, drivers should exercise the utmost caution and be on the lookout for any children. You can read more about this story at Mini Van Crashes into Utah Kindercare Day Care Center.

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

In Omaha, Nebraska, a two vehicle car crash ended with damage into a day care center. Fortunately, no children in the day care center suffered any personal injuries as a result of this crash. The presence of day care centers just off of busy roads is another reason for drivers to exercise the utmost caution and care when driving in Omaha, Nebraska and other areas.

Automobile accidents that result in damage to day care buildings and facilities have been reported in various cities throughout the United States. The only way to prevent such incidents or reduce the number of such incidents is for drivers to obey the rules of the road including speed limits, turn signals, signs, and traffic. You can read more about this Nebraska story including a photograph of the automobile accident scene at Car Crashes into Nebraska Day Care Center.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisiana, legislation is being proposed that will encourage day care centers and child care providers to check day care vehicles before exiting the vehicle. In Louisiana and other States, children have been left behind in day care vehicles. Some children have even died from exposure to extreme cold or extreme heat after being left in the vehicle. Checklists and alarms can help avoid these tragic incidents. The Committee on Transportation, Highways and Public Works approved a bill that would require the Department of Social Services to prepare regulations to require child inspection alarms on day care center vehicles. The child inspection alarms would be activated once the vehicle is turned on. When the vehicle is turned off, the alarm will sound to remind the driver to check all parts of the vehicle. The alarm can only be shut off after the driver walks to the back of the vehicle. This relatively inexpensive device can save lives and better protect children. You can read more about this story at Panel Says Day Care Center Vehicles Must Have Child Inspection Alarms.