Child Injury Lawyer Blog

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker at the New Beginning's Day Care Center in Moselle, Mississippi pleaded guilty to charges of child molestation and sexual battery. Derrick Williams (age 23) received the maximum criminal sentence according to Assistant District Attorney J. Ronald Parrish. The crimes involved the fondling of 4 and 5 year old girls who attended the day care center that was owned by Williams' mother.

It is certainly tragic that children were abused and neglected at a facility that should have been a safe haven and a place of education and fun for the children. It is quite unsettling that parents cannot trust that day care centers will provide for the safety and well being of children under their care. You can read more about this story at Ex Day Care Worker in Moselle, Mississippi Pleads Guilty to Crimes Involving Fondling of Children.

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

Wisconsin's Governor recently announced the rating system that will be used to rate day care centers in the State. The rating system will be a helpful tool for parents searching for a day care center and it was reported that the ratings may be linked to State of Wisconsin funding. You can read more about the Governor's announcement at ABC News.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a parent sends a child to a day care center, it is expected that the child will be safe and out of danger. Unfortunately, at times, injuries take place at day care centers. Some incidents are unexpected and could not have been prevented. While others could have been easily prevented through better supervision and safety precautions.

In Perth, Australia, a toddler was bitten by a venomous snake. Fortunately, he got the treatment that he needed and is expected to survive this trauma that could have ended this child's life.

Snakes in day care centers are far from common. However, other types of injuries take place at day care centers on a more common basis. These include falls, bus accidents, corporal punishment, and playground incidents. Day care center owners and care givers should use their best efforts to keep children safe and out of harm's way. See Toddler Survives Snake Bite.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers have a duty to supervise children. In addition, day care centers should be more than just a babysitter. Day care centers should use their best efforts to enrich the lives and education of children by engaging the children in meaningful activities. Unfortunately, many day care centers bring the children into the day care center or day care home and turn on the television. It is well known that inactivity in children is not healthy for the bodies or their minds. You can read more about the issue or problem at
Day Care Centers May Increase the Time that Children Watch Television.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Star Tribune (Minnesota) Newspaper website recently reported an encouraging article about day care centers in Minnesota. While the article lacked specific statistics and scientific analysis, the article did provide some home and encouragement for parents who have children in Minnesota day care centers. The title of the article - Beating the Flu at Day Care Centers - noted that some day care centers are very aware of the flu and germs that can show up at day care centers and to and from young children. Education and awareness are key to limiting the spread of the flu among young children. While it is impossible and unreasonable to expect that a child will never get a cold, flu or germs from another child in a day care center, it was encouraging to hear that some day care centers have been successful in limiting the reporting incidents of the flu. The simple act of turning off a community water fountain and being diligent about cleaning up a bathroom can help avoid the spread of the flu. You can read more about this article at Minnesota - Beating the Flu at Day Care Centers.

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

In Massachusetts and other States, day care centers have a duty to properly supervise children. It is vital that the children receive constant and consistent supervision. This includes but is certainly not limited to making sure that children remain in the facility. When a child leaves a child care facility without proper adult supervision, serious personal injuries and even wrongful death can result. In Douglas, Massachusetts, two young children were found wandering approximately 1/2 mile from the facility. Fortunately, the children did not suffer any injuries and were not abducted. Police were contacted and the children were eventually reunited with their families. Just because neither child was injured does not take away from the seriousness of this matter. The Massachusetts Department of Children and Families will investigate this matter to determine what procedures were in place, what procedures were followed, and what steps need to be taken in the future by this day care center to make sure that similar incidents do not take place in the future. You can read more about this story at Douglas Massachusetts - Two Children Wander Away from Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, children are very curious. Young children often lack good common sense and safety awareness. This is especially true when it comes to putting objects and items in their mouths. In Minneapolis, Minnesota, a 13 month old baby was found sucking on a crack. Fortunately, the crack was wrapped in plastic at the time. It is not certain how the crack got into the day care center. In the typical day care center, there are various ways in which drugs or dangerous items make their way into the day care center. A child may have brought it in from home. A parent or other adult could have hidden or stored the item in the child's clothing or backpack. A child may have found the item on a playground, parking lot or field trip. It was reported that the child did not suffer any serious personal injuries from this incident. This story shows the importance of ongoing and diligent maintenance and inspection of day care centers by the owners and employees. It also shows the importance to parents and other adults of keeping dangerous items out of the hands and mouths of children. You can read more about this story at Minneapolis Day Care Center - Child Found Sucking On Crack.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to vehicle related safety practices under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-9.5).

When transporting children, day care centers in New Jersey have a duty to properly supervise children. In particular, these regulations mandate that children should never be left unattended on the day care bus, van or vehicle. Furthermore, children should be let on and off the vehicle only at the curbside of the location or street. For all children under the age of 6 years old, the school bus driver and / or aide has a duty to make sure that the child is discharged by a parent and duly authorized caregiver. There are a number of other regulations that can be reviewed in the New Jersey Administrative Code that should be reviewed by both day care providers and parents to make sure that there is compliance with the same.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

Working parents have many challenge. One such challenge is to find a good day care center for their children while they are at work. It can be difficult to find a good day care center which will make sure that the child is well cared for, educated, and otherwise safe during the working day. The website familydoctor.org posted a good article about finding a day care center titled Day Care: Choosing a Good Center. The article has many helpful tips for parents when selecting a day care center. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care centers.

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

In Texas and Other States, home based day care centers are subject to various rules and regulations. Many such rules and regulations pertain to limits to the number of children who can be cared for at any one time at the home based day care center. Rules and regulations are often times more involved for a commercial day care center in comparison to a home based day care center. Many day care operators fail to accurately report the number of children cared for in the home based day care center in order to avoid compliance with additional or more involved regulations. In Denton, Texas, a home based day care center owner was recently indicted for providing false information to police regarding the number of children cared for in the Texas day care center. You can read more about this story at Denton, Texas - Day Care Center Indicted for Giving Police False Information.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to activities provided by or at the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.1).

Years ago, day care centers are merely a way in which a child could receive babysitting or supervision while a parent was at work. In more modern times, day care centers are now centers of learning and are required to provide children with planned educational activities. The day care center must develop and implement activities that are geared to the child's age and development level. These regulations apply to both indoor and outdoor activities at the day care center. The staff member responsible for supervising these activities is required to maintain a written outline to be maintained on file at the day care center of the various activities provided for the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is required of the day care center as to attendance and keeping track of the children?
Each day care center must develop and put in place a Bureau-approved method of tracking children as to location and safety at all times while under the supervision of the day care center. This includes but is not limited to the transfer of supervision of the children during arrival time and departure time.

What training is required as to the tracking of children?
The day care center is required to train all staff members as to the method utilized to track children. As such, if the approved method is a checklist, all staff members must be trained as to how to use and document the check list.

Is there a minimum number of staff members required to accompany children on a day care center field trip?
Yes, there is a minimum requirement of two staff members who must attend the field trip. In addition, the facility has a duty to comply with other staff / child ration requirements when on a field trip.

What is the purpose of these rules and regulations?
Like many other rules and regulations, the purpose of these regulations is to promote the proper supervision and safety of the children. A simple checklist that is completed correctly can help prevent and avoid children being left behind on field trips or left at the facility with no supervision.

There have been far too many incidents involving injury or death to children who have not been properly supervised or accounted for on field trips. The consistent compliance with these regulations is a vital part of the operation of a New Jersey day care center.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In Wisconsin and other States, there is a problem with dishonest day care centers charging the State and Federal government for day care services that are not being provided. Paying dishonest day care providers takes away funds needed from families and day care centers who would otherwise legitimately benefit from these funds. The State of Wisconsin Department of Justice is investigating various day care providers to determine what evidence exists to support a case for the improper use or acceptance of government funds. Day care centers that accept funds for children who are not present are likely to break other rules as well. Wisconsin day care regulations are in place for the safety, protection and welfare of children. You can read about a recent investigation at the Milwaukee Wisconsin Journal Sentinel Online - Milwaukee Day Care Center Faces Investigation.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to staff / child ratios in day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is a staff / child ratio?
It is the minimum staffing required by the State of New Jersey to be in place for the number of children present at the day care center.

What is the purpose of the staff / child ratio?
The purpose is to make sure that the facility is adequately staffed and that there is a sufficient number of staff members to care for the needs of the children.

Does age play a role or factor in setting up the staff / child ratio?
Yes, the younger the child - the lower the ratio. In other words, a facility with 10 children under the age of 18 months will be required have more staff in place per the regulations than a facility with 10 children over the age of 18 months.

Does compliance with the staff / child ratio mean that my child will be kept safe?
Not necessarily. However, compliance with staff / child ratios and documentation for the same is a good indicator that the day care center is following regulations and putting a sufficient number of child care providers in place to meet the needs of the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to accident reports or incident reports when a child suffers or sustains an injury while attending the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6.). In particular, a day care center is required have a file of record with the following information:

*Name of the injured child;
*Date - time - location of the incident;
*Name of the Child Care Center;
*Address of the Child Care Center;
*Name of the Person Completing the Accident / Incident Report;
*Date that the Report was completed;
*Written description of the incident, type of injury, and witnesses;
*Written documentation regarding first aid provided; and
*Written documentation regarding treatment by a doctor or medical provider.

By requiring day care centers / child care centers to document injuries that take place at the day care center, parents and the Department of Human Resources have access to information about injury incidents that take place at the facility.

Parents should request a copy of the Incident / Accident Report. The regulations state that the parents are entitled to a written description of the incident by the end of the next operating day.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to injuries sustained by a child while under the care of the child care center / day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6. In particular, a day care center is required to take immediate steps to protect a child from further harm and to contact the parents verbally when certain injuries take place in a child care center. Injuries that must be reported to the parent include:

*injuries when the child is bitten and the skin is broken;

*head injuries;

*falls involving a height that is greater or taller than the height of the child;

*injuries that require doctor's visit, ER visit or other type of professional medical care.

It is not only the law but also in the best interest of the child to follow up with medical care regarding injuries. Furthermore, the parent should be contacted so that the parent can direct or guide the day care center as to the child's medical needs as well as to where the parent would like the child to get medical care.

Unfortunately, many injuries that take place in a day care center result from abuse, neglect, or the general failure to provide consistent supervision of the health and safety needs of the child. Day care centers and child care centers should take their best efforts to protect children so that serious personal injuries do not take place in the day care center. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care providers in Minnesota and other States have a duty to properly supervise children in their case. In Bloomington, Minnesota, a jury recently returned a guilty verdict in a case that charged the day care provider (Doris Meeks - age 48) and her daughter (Harmony Newman - age 22) with second degree manslaughter while committing child neglect. A 22 month old boy under the care of the day care center died as a result of asphyxiation. It was reported that the child was buckled into a car seat in a playpen. You can read more about this story at Minnesota Day Care Provider Convicted of Manslaughter Charges for Death of Child Under Her Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

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

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to Discipline and Corporal Punishment under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.6 and 10:122-6.7. In particular, a child care center is prohibited from punishing or disciplining a child for the failure to eat or sleep. In addition, a child shall not be punished for soiling himself / herself. Discipline can be used in a "positive" manner and that is "consistent with the age and developmental needs of the child". Many child care providers and parents for that matter believe that corporal punishment in the form of spanking or hitting the child is the best and most effective way of teaching a child a lesson. Regardless of a parent's or child care worker's personal philosophy, the New Jersey Administrative Code prohibits child care staff workers from hitting, shaking or otherwise inflicting corporal punishment on a child enrolled in a licensed day care center. Furthermore, a child care worker cannot use abusive language or ridicule as a form a discipline or punishment either. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

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

In Michigan, Governor Jennifer Granholm signed a law into effect to help distinguish or define babysitting from required day care licensing. The law states that babysitting is exempt from Michigan licensing and regulation if the babysitting is provided for free or involves less than $600.00 per year of annual payment or income. See Michigan Law Clarifies Babysitting / Day Care.

A friend or neighbor who gratuitously watches a child is not subject to regulation. With or without this law in effect, there is a problem in Michigan and other States with people who operate a day care center without obtaining a proper license. Parents should be wary and cautious about using such facilities. Without State oversight and inspections, many unlicensed day care centers have safety and supervision issues that put children in danger.