Child Injury Lawyer Blog

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

Child safety advocates are urging for lower teacher-child ratios in the classroom. Under the current state standard, Texas permits 2 caregivers to watch 22, 2-year-olds or 30, 3-year-olds. However, the child advocates are urging for two caregivers to watch 18, 2-year-olds, or 28, 3-year-olds.

Melanie Rubin, with the Texas Association for Mental Health, says the lower ratios are for the child's protection. However, the state Department of Family and Protective Services are hearing the critics of the proposed change. Some say it could force the price of day care to increase and others fear that families will abandon licensed day care in favor of a baby sitter or leaving their child with an older sibling.

Having a low teacher-student ratio does have some serious consequences. For example, Shavon Ransom, a preschool teacher at the Bock Child Development Center in Oak Cliff, said she has had to work in conditions where she was the sole supervisor for 17 children - a very chaotic and challenging learning environment. Ransom claimed that in these unfortunate scenarios, in order to calm the children down she would resort to sitting them in front of the television or in the arcade. A method she does not support. If you would like to read more on this story please see Texas child safety advocates urge for higher teacher-student ratios.

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

The incident that resulting in a a 2-and-a-half-year-old girl being left behind in a Wisconsin Park has an Appleton, Wisconsin day care center reviewing their policies. The girl was left behind at the park for about 30 minutes.

The incident happened on August 5 and, according to the police report, the day care left the park at about 12:10 p.m. Police officers arrived after the park after they were contacted by other concerned mothers who noticed the girl was unattended.

Although the girl was unhurt, Karen Olson, director of the day care center, Creative Child Learning, is still devastated by the incident and claims it is just unclear how the girl was left behind. Olson says staffers repeatedly counted the children, but the child was somehow forgotten. Creative Learning received a separate state order in the spring requiring closer supervision of children. This order was the result after a child got too close to a hot iron during an art activity. If you would like to read more on this story please see 2 1/2-year-old girl left behind at Wisconsin park by day care center.

Luckily, this girl was uninjured. Day care centers have an obligation to care for the children in their custody. While on field trips, day care employees can employ easy methods to check on their children such as the buddy system. Always keeping a watchful eye will tremendously reduce the risk of leaving a child behind while on field trips.

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

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

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

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

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

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

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

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

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

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

As parents head off to work and school this summer they leave their children in the care of daycare providers. Below is safety and health suggestion parents should look for in daycare facilities.

- Supervision:
Constant and competent supervision is a must for ensuring the safety of children. Children are inherently curious and do not always appreciate the dangerousness of their surroundings. Children have a tendency to climb on chairs or tables and put items in their mouths that they could potentially choke on. The degree of supervision may correlate with the type of activity the children are engaged in. For example, when participating in field trips or water activities, additional supervision may be required or the staff members may need to be CPR certified. Ask if the potential daycare has CPR trained staff and what plans the center implements when on a field trip.

-Maintenance of Playground Equipment and Environment:
Playground equipment may provide a fun environment but the devices themselves can be dangerous. Playground or daycare equipment should be checked daily for any broken areas or sharp edges. Play areas should also be sanitized and free of any chemicals and toxins. You should ask you potential daycare provider how the center ensures the safety of its playground equipment and overall environment.

-Sanitation and Illness:
Germ spreading is inevitable among children, therefore, daycare centers should implement illness plans for parents and staff to follow to reduce the spread of illnesses. Employees should practice regular hygiene practices such as frequent hand washing. The daycare center should also keep the furniture and other equipment clean. Inspect the surroundings of your potential daycare facility for cleanliness.

Recently, state legislatures have been making it tougher for daycare facilities to obtain licenses. As a result, the legislatures hope to make daycare centers safer havens for children. To read more on this topic see Daycare Safety Checklist for Parents.

Also, if you would like more information regarding the new stricter licensing requirements see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taneshea Young, former owner of a Paducah child care center, has been scheduled for trials in state and federal court. During a hearing in McCracken District court, Young's attorney asked that his client's abuse case be tried after the September 13 federal trial. The motion was granted by judge Tony Kitchen, the state abuse trial is set for September 24. In state court, Young will defend against a third-degree abuse charge. The charges were filed against Young after employees of an automobile dealership found a 3-year-old sleeping in a Children's Creative Learning Center van, which was brought in for service. The federal trial involves charges of mail fraud. To read more on this story see Former daycare owner scheduled for trial in state and federal court.

The dangers of leaving a child in a vehicle are tantamount, the child can suffer from a heat stroke (hyperthermia) resulting in permanent disability or death. Daycare providers have a critical responsibility to care for the children in their custody. Daycare centers should be safe havens for children, because parents have entrusted the center to care for their children. State legislatures are creating new laws to make is more difficult for a daycare center to obtain a license. The new laws also create stricter screening procedures for the prospective daycare workers. To read more about the stricter screening procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers. To read more on the dangers of hyperthermia see Hot Temperatures and Cars - Be Aware of the Dangers to Children.

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

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

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

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

A 2-year-old was left at the Lousiville Zoo during a field trip by the toddler's daycare center. While state agencies investigate the incident, Kids Kozy Korner is banned from taking field trips. Although police say it is unclear how the child became separated from the group, they could confirm a zoo employee found the toddler alone near the entrance of the zoo and was forgotten by the daycare. Police also said it took nearly two hours to locate the daycare after they found the child. Mark Zoeller, assistant director of the Louisville Zoo, said the zoo gives out bracelets for kids to wears with space for adults to write contact information in the event a child does happen to become separated from his or her supervisor. The toddler was not wearing bracelet when she was found. After the incident, the employees who worked the field trip were fired, said another employee at the daycare. To read more on this story see Toddler left at Kentucky zoo by daycare.

Parents, adults, caretakers, babysitters, daycare workers, etc. all have duty to supervise and protect their children. Although field trips can be hectic, daycare staff should be efficiently trained and always have plan to identify children. A buddy system is a great practice to implement to ensure the whereabouts of children.

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

A two-year-old boy was shot and killed by an accidental gun shot in Henderson, North Carolina. The child was taken to Maria Parnham Hospital where he was pronounced dead. Investigators believe the child, Timothy Atwater Jr., took the unsecured handgun from a countertop when the weapon fired. A North Carolina Department of Health and Human Services website indicates the address, 491 Daniel Harris Road, where the accident occurred, is the location of a daycare center. Initial reports from 9-1-1 dispatchers also state the shooting took place at a daycare center. However, this has not been confirmed by investigators. The case is still under investigation by the sheriff's office and Medical Examiner's office. To read more on this story see 2-year-old dies from accidental shooting at daycare center.

This is an unfortunate time for the parents of the child and the community. Daycare centers should be safe havens for children. Guns should be locked and secured in areas that are completely inaccessible by children, not laying on a countertop.

Daycare providers have a duty to protect the children in their custody. Only mature adults
should take on the heavy responsibility of running a daycare facility. To ensure daycares are safe facilities for children, Some state legislatures are creating stricter screening procedures for both the daycare centers and its workers. To read about these stricter procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

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

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

Governor Jennifer Granholm signed into state law Senate Bills 723 and 724, which will give parents more information about the day care providers they choose for their children. Public Act 85 will require day care providers to maintain a licensing notebook. This notebook will contain background information on the day care provider such as licensors renewals, past violations, or any special investigation that has been conducted by the Department of Human Services (DHS). This licensing notebook will be available to parents during operating hours. Also, DHS will not issue or renew a license to day care provider if there has been a past revocation of a license due to a violation that resulted in serious injury or death of a child while under the providers care. Public Act 86 will require DHS to list the number and nature of all special investigations conducted by DHS or any home classified as high risk. These new laws should provide parents with more important information about day care providers.

Laws such as Senate Bills 723 and 724 should empower parents and guardians with more information about day care centers. Requiring day care centers to provide detailed information to parents is a step towards making these facilities safer havens for children. Facilities that fail to follow the rules will eventually be closed down by the State or will go out of business as parents will select day care centers that follow the rules and pay attention to detail.

To read more about these new laws see New Michigan Laws Provide More Information to Parents about Day Care Providers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Five people were arrested in a Vermont home that operated as day care center. Police seized cocaine and marijuana plants from the home operated day care. The day care center's operator, Kelly Vitagliano, was arrested. Vitagliano was ordered to appear in court to answer criminal charges of cocaine possession. The other four people involved with this incident face charges of drug possession and drug sale. Police affidavits detail a three month investigation that led to the seizure of the cocaine and marijuana plants. Vitagliano's day care license has been suspended. The day care center supervised at least four children.

The evidence and affidavits should be reviewed by each side in order to determine how the case will be prosecuted / defended. While there appears to be a good bit of physical evidence to support the charges, each of the Defendants will be entitled to a public defender or a criminal defense attorney as to these charges.

Day care centers should be a place of safety and good supervision for children. Drug dealing or drug use near, and especially in front of, children has dangerous consequences. Day care providers have a legal duty to children under their care to provide for the children's safety and welfare while enrolled in the child care center. Day care providers should take all reasonable efforts to do what is in the best interest of the child.

To read more about this incident see Cocaine and Marijuana Plants Found in Home Operated Day Care Center.

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

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

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

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

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

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