Child Injury Lawyer Blog

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

A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center's van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center's van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

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

California parents rely on child care center to provide their children with supervision, educational instruction, indoor play activities, and outdoor play activities during the day. Unfortunately, children suffer personal injuries at day care centers / child care centers on playgrounds. Many of these incidents result from inadequate or improper supervision and or negligent playground maintenance /design. Because children are prone to injuries at child care center playgrounds, the California Department of Social Services require child care centers to comply with Section 101238.2 -Outdoor Activity Space. The regulations as to child care center playgrounds / outdoor activity spaces can be accessed online at California Child Care Regulations.

The playground area needs to accomodate enough space so that there is 75 square fee of space per child based on the total licensed capacity for the child care center. Since California weather can get quite hot especially over summer months, the child care center must provide a shaded rest area for the children that is situated close to the playground area. The surface for the outdoor activity / playground must be kept or maintained in a safe condition free from hazards like holes, broken glass, debris, and garbage.

Many children are injured due to improper or dangerous playground surfaces below high climbing equipment, slides, and swings. It is important for child care centers to use surface material that absorbs falls. Approved or allowable surfacing materials include sand, wood chips, and pea gravel. While not particularly referenced, it would appear that rubber tire chips or mulch would also be acceptable as a playground surface below equipment like slides and monkey bars.

Child care centers have a duty to fence the playground area with a fence that is at least four feet high. Fencing is a tool that helps keep the children inside the play area and that prevents or discourages children from wandering away. Of course, a fence should not be used as a substitute for good supervision.

California child care centers that diligently follow the regulations help prevent or avoid many personal injuries that take place on playgrounds. If a child is injured at a California child care center or other area and the child requires medical care, the child care center has a duty to report the incident to the parents and to the Department of Social Services. See prior post - California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

Parents should request a copy of the report to make sure that the parents have the information and details as to the incident and injuries from the child care center. A California child injury lawyer / attorney can review the report and other information to determine the child's legal rights and entitlement to compensation for injuries and medical bills.

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

California day care centers / child care centers are regulated by the State of California - Health and Human Services Agency - Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

When an incident or injury takes place in a California child care center, the facility has a duty under the California Child Care Center Regulations to report the incident / injury to the California Department of Social Services via fax or a telephone call within the next business day of operation. Within 7 days of the incident, a written report must be submitted to the Department. The following personal injuries / incidents must be reported to the Department of Social Services:

* any injury to any child in the child care center that requires medical treatment;

* any death taking place at the child care center regardless of the cause of death;

* any unusual incidents or child absence that threatens the physical or emotional
health or safety of any child.

* any suspected signs or observations of physical or psychological abuse of any child;

* any epidemic outbreaks (i.e. flu, Tuberculosis, Swine Flue, Chicken Pox, etc...)

* any incidents of poisonings;

* castastophes, fires, or explosions.

The report must contain the following information:

* child's name, age, sex and date of enrollment / admission to the child care center;

* date and the nature (type) of event;

* name of physician, medical findings, and medical treatment (if any); and

* disposition or outcome of the incident.

It is important for California Child Care Centers to comply with these and other regulations. The reporting requirements provide valuable information to the Department of Social Services to monitor and evaluate incidents of injuries and monitor the health and safety records of the child care centers.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska day care centers adequate staffing is vital to the safety and educational needs of the children. In other words, it is important to have a sufficient number of child care workers in place to make sure that the individual needs of each child is met throughout the day. The State of Nebraska has instituted staff to child ratio standards for day care centers under the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-009.01 requires Nebraska child care centers to be staffed as follows:

6 weeks old to 18 months old-----1 Staff Member----- 4 Children

18 months old to 3 years old------1 Staff Member-----6 Children

3 years old-------------------- 1 Staff Member----10 Children

4 and 5 years old--------------- 1 Staff Member----12 Children

Kindergarten and older-----------1 Staff Member----15 Children

The owner, administrator and licensee should make sure that the day care center never exceeds the licensing capacity and complies with these staff to children ratios. Overcrowded and understaffed facilities frequently result in serious child personal injuries that could have otherwise been avoided with compliance with these standards. If a child has been injured due to improper staffing or other day care negligence, a Nebraska child injury attorney / lawyer can help advise parents and caregivers about the applicable laws, insurance, compensation, and other matters.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must follow the rules and regulations located at Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-012 covers disciplinary matters. Unfortunately, many children in Nebraska day centers are abused and neglected or suffered personal injuries as a result of negligence. Section 8-012 states that the center shall make sure that no child is left alone. Furthermore, no child shall be punched, shaken, pinched, struck with any object, bitten or spanked by staff members. Proper discipline would be a brief separation from the group. Staff members at Nebraska day care centers are prohibited from disciplining children by denying food, forcing naps, or using derogatory words or remarks. A child should not be punished for a toilet training accident or refusing to take medications. In Nebraska day care centers, the child's physical and psychological well being are both important and staff members should take every reasonable effort to make sure that the children are properly supervised and protected while in the center.
These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children. When children are negligently unsupervised or inappropriately disciplined, injuries result that would have and could have been avoided.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Working parents in Nebraska must rely on child care centers and day care centers to provide supervision, care and education to their children from infants to toddlers to school aged children. The Nebraska Department of Health and Human Services provides licensing information to parents, caregivers, and others who want to obtain or research information on a child care center, day care center, health care providers and others. Go to the Official Website for the Nebraska Department of Health and Human Services - Licensing Information. You can look up a day care center / child care center by name or city. Information posted includes name of the facility, license number, license type, hours of operation, subsidization status, and disciplinary actions by the State of Nebraska. All parents should research a day care center before enrollment. I recommend that parents obtain the online information. In addition, parents should visit the day care center, interview the owner, interview employees, and speak to other parents with children in the day care center.
Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

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

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

As to playground safety, it is important for day care centers to pay close attention to details and regulations as they apply to the ground surfacing of the playground area. North Carolina day care regulations provide the following as acceptable materials for playground surfacing - wood mulch, double shredded bark mulch, fine sand, coarse sand, and pea gravel. The depth of the ground surface is dependent on the height of the playground equipment. Children jump off of playground equipment and often have falls while playing on playground equipment. Proper ground surfacing can help cushion the force or trauma caused by a fall. This, in turn, can help avoid or reduce the extent of child personal injuries on North Carolina day care center playgrounds.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

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

In North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Under Rule 605, Conditions of Outdoor Learning Environments, all outdoor / playground equipment must be in good repair and maintained in a useable condition. The equipment should be sturdy and stable. Inspections and periodic maintenance are important to keep the equipment free from sharp edges, loose nails, splinters, pinch points, and crush points. All broken playground equipment should be removed from the playground or otherwise made inaccessible to the children. Playground areas should be fenced and kept away from bodies of water and other dangerous areas. With proper maintenance of playground equipment and supervision of the children, incidents involving serious personal injuries can be avoided or reduced. If a child is injured as a result of the negligent maintenance of playground equipment or negligent supervision of children, a parent may be able to pursue an insurance claim or civil case against the day care center / child care center. A North Carolina child personal injury attorney / lawyer can help advise parents as to the myriad of legal issues that arise when a child is injured.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

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

In North Carolina day care centers /child care centers, facilities should be properly staffed to make sure that the individual needs of each child are met. North Carolina day care centers / child care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Staff ratios requirements are set forth in Rules 712 and 713. Staff ratios regulations are dependent on the number of children cared for in the day care center. Rule 712 covers day care centers with a licensed capacity of less than 30 children. Rule 713 covers day care centers with a licensed capacity of 30 children or more. Parents and caregivers should ask day care operators and owners about the staff ratios and how the facility documents or keeps track of the number of children and staff members on a daily basis. If the day care center is well managed and operated, there should be no problem in explaining or providing you with documentation as to its staff to child ratios. Review the regulations and ask a lot of questions. Having the right number of staff in place is key to preventing or reducing the number of incidents leading to serious child injuries in North Carolina day care centers.

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

Day care centers in North Carolina and other states provide children with recreational activities like swimming especially during summer months. Children love to play in and around water. Young children often times do not appreciate the dangers of water. Furthermore, young children lack judgment as to their swimming abilities or lack of swimming abilities. As such, North Carolina has set forth specific staffing requirements for staff ratios when children participate in aquatic activities which include boating, swimming, and visits to water parks. North Carolina day care centers are required to have the following staff ratios in place for aquatic activities:

Age of Children Ratio of Staff to Children in Day Care Program
3 to 4 year olds 1 staff member for every 8 children
4 to 5 year olds 1 staff member for every 10 children
5 years and older 1 staff member for every 13 children

Regardless of the total number of children, North Carolina law requires at least 2 staff members for supervision of children participating in aquatic activities. While adhering to these standards is important, compliance with the staff ratio requirements must be combined with good training and diligent supervision. Day care staff members must closely supervise the children around aquatic activities including swimming. Otherwise, children are at great risk for serious personal injuries from drowning or near drowning incidents. You can read more about the staff ratio requirements and other regulations regarding day care aquatic activities and swimming supervision at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

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

Day care centers in North Carolina and other states provide children with a wide variety of recreational, exercise,and sports related activities. Children love to swim and play around water. While the aquatic and swimming activities can be quite fun for children, they can also be very dangerous. Tragically, as a result of improper day care supervision, negligence, or inattention, children suffer serious personal injuries including brain damage and wrongful death from drownings and related incidents.

Aquatic activities include on site and off site activities that take place in, on, or around a body of water including swimming, wading, swimming instruction, visits to water parks, and boating. For every 25 children participating in such activities, North Carolina law requires at least one person who has a current life guard training certificate issued by the Red Cross or other training that is similar or equivalent to the Red Cross. The North Carolina day care center regulations generally discourage aquatic activities for children under the age of 3 unless the activities are necessary to meet a child's special needs set forth in child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP).

Children participating in aquatic / swimming activities shall be property supervised at all times. You can read more about Aquatic Activities regulations at the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

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

In North Carolina and other states, it is important for day care centers / child care centers to implement safety measures when transporting children. North Carolina day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 1003 - Seat Restraints, day care centers have a duty to provide each passenger (adult and child) with an individual seat belt or appropriate child restraint. There is an exception for children under the age of 2 years old who occupy a vehicle that is not required by federal or state law to be equipped with seat restraints. Unfortunately, many large school buses fall under this category. As such, many children travel without a seat belt or safety restraint in North Carolina and other states. Children are not permitted to sit in the front seat of a vehicle with a passenger side air bag.

Day care center drivers should exercise due care when transporting children. It is important for drivers to follow speed limits and to refrain from using cell phones and mobile phones which are well known to cause driver distraction. If a child is injured while traveling on a day care vehicle, van, or school bus as a result of the negligence of the day care employee, school bus driver, or another person, it is important for the child to first get evaluated by a medical provider. Sometimes, emergency medical care is necessary. At other times, a visit to the child's pediatrician or a specialist is more appropriate. Thereafter, a consultation with a North Carolina child injury attorney is helpful for parents and caregivers to get advice as to insurance, compensation, medical bill payments, liability, North Carolina laws, and other matters.

By David Wolf, Attorney Published by Child Injury Lawyer Network In Delaware, day care centers are required to maintain or provide access to an outdoor play area that is at least 50 square feet in size per each child. Outdoor play areas and playgrounds should have fencing or other protective barriers from all streets, roads, parking lots, high voltage areas, open pits, high voltage areas, and other dangerous areas. A child is wanders away from a play area can suffer serious personal injuries without proper fencing and / or protective barriers. As for the playground / outdoor play surface, the surface shall be made of a material that is resilient which absorbs falls. Playground equipment should be securely anchored unless the equipment is portable in design. It is vital for Delaware day care centers to be diligent in the design, maintenance, and supervision of the playground and outdoor areas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children placed in Delaware day care centers are the unfortunate victims of day care negligence. Simple measures can be taken by day care centers to reduce the incidents of injury and harm to children that take place in the day care center. Good Delaware day care centers know and follow the rules and regulations set forth in
the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

Delaware day care centers should keep all poisonous and toxic materials out of the reach of children. Furthermore, all containers of poisonous and toxic materials should be clearly marked. All porches or elevations over 2 feet in height shall have barriers to prevent children and visitors from falling. Glass doors and sliding doors shall be clearly marked with stickers or other safety measures at the child's height to provide notice to the children of the glass door. Stairways with 4 or more stairs shall having railings. Electrical receptacles shall have child proof outlets when not in use. These safety measures and others can help prevent serious personal injuries to children in Delaware's day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, children are the unfortunate victims of day care center negligence especially when the day care center fails to follow the rules and regulations set forth at the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

What are the requirements as to physical environment and safety at a day care center? A center must have a building that is contructed, used, furnished, maintained and equipped according to all applicably Federal, State and local regulatory standards. The facility should be clean and safe and free from hazards. All structures, fences, equipment, and grounds should be maintained so that they are free from hazards and health. Having a safely constructed and designed facility is important. Supervision is key to children's safety as well.

If a child is injured as a result of an unsafe facility or a poorly maintained facility, it is important to get legal advice and representation from a Delaware child injury attorney. Legal advice can be provided to parents and caregivers on a wide variety of legal issues that arise when an innocent child is injured as a result of negligence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Wyoming Department of Family Services regulates and licenses day care centers throughout the State. The Division of Early Childhood publishes a helpful checklist for parents to use when selecting a day care center. The checklist is also helpful for evaluating a day care center that a parent is already using for a child. Parents should educate and inform themselves about a day care center. The checklist provides the following advice:

1. Get organized.
2. Conduct a telephone interview of the owner / administrator of the day care center;
3. Visit the day care center. See for yourself what the facility is like and how it is operated;
4. Check references. Get references from other parents who have children at the center.
5. Make a decision.

I recommend that Wyoming parents and other parents for that matter review and print out the check list located at Wyoming - Five Steps to Selecting Good Child Care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are required to train and properly supervise child care providers to make sure that children are cared for in a safe environment. Delaware day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What requirements apply as to the reporting of abuse and neglect? Under the Delacare regulations, a day care center must have each employee sign a statement that clearly defines child abuse and neglect. Under Delaware law, a day care worker must report all incidents of child abuse to the Division of Child Protective Services. A day care center in Delaware must have written procedures / policies in place for the handling of suspected child abuse or neglect inflicted or committed by an employee of the day care center. The procedures must also include provisions for the termination of an employee involved in a founded incident of child abuse if continued employment would put children at risk.

Delaware day care workers and providers should provide children with a safe learning environment free from neglect and abuse. While the State of Delaware does conduct investigations into suspected incidents of abuse and neglect by a day care worker, parents of injured children can also hire a private civil Delaware child injury lawyer / attorney to investigate the incident and provide representation for the injured child. A child injury attorney can provide advice as to medical records, medical bills, further medical care, insurance documents, litigation, and many other issues.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. Are Delaware day care centers required to carry liability and fire insurance to cover for personal injuries and / or the wrongful death of a child injured as a result of the negligence of the day care center? The answer is yes. There is a regulation in place that requires liability insurance. Unfortunately, it does not appear that the regulations require a particular amount of liability insurance to comply with this requirement. As such, a facility may be in compliance by carrying a minimal amount of insurance. For instance, a mere policy with a cap of $25,000 may comply with these regulations. Of course, many child injuries involve damages that are far greater than $25,000. The day care center is still responsible for all the damages suffered by a Delaware child as a result of negligence regardless of the amount of insurance in place. Good and responsible Delaware day care centers carry a sufficient amount of insurance so that an injured child and the child's family can recover adequate compensation through the liability insurance. Having sufficient liability insurance also helps protect the assets of the day care center and the day care center's ability to continue operations from a financial standpoint in the future.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, the negligent acts of day care center employees and owners frequently lead to an innocent child being injured. When a child is injured, there are medical bills and related expenses. There are also damages related to the mental and physical pain and suffering of the child. When a child is injured as a result of negligence, neglect, abuse, or neglect in a day care center, parents can pursue a personal injury claim, case or lawsuit. In matters of this nature, liability insurance can be pursued for these damages. Unfortunately, liability insurance companies and their adjusters frequently delay or fail to pay a fair settlement on a case. The injured child and his or her parents deserve their own representation by a child injury lawyer / attorney in cases of this nature. It is vital that the child is compensated for his or her injuries that in many cases do last a life time.

Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has a duty to maintain liability insurance coverage in the amount of $300,000 per occurrence. This is a specific requirement pursuant to the Illinois Administrative Code. While it is a requirement, not all day care centers comply with this very important standard.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are frequently injured at a day care center. Some incidents are mere accidents that could not be avoided even in the best of circumstances. Other injuries result from negligence, negligent supervision, improper maintenance, abuse, neglect, and, yes, from intentional acts of other children or employees of the day care center. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.70, Organization and Administration, the day care center has duty to report and document injuries or illnesses that take place at the day care center. In particular, any accident or injury requiring professional medical care, death or other emergency services shall be documented in the child's record and verbally reported to the child's guardian or parent. In addition, these incidents or observations shall be reported to the appropriate local licensing office of the Department of Children & Family Services. The day care center must notify the Department in writing within 2 days of the incident.

Documentation and reporting are vital so that parents are duly notified of these incidents and illnesses. Furthermore, it is important for the Department to be notified so that the Department can step in when a matter is serious or when there are numerous occurrences at one facility.

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

Child care centers / day care centers in North Carolina have a duty to supervise children in a safe learning environment. There needs to be an educational or activity component to the day care center as well. Facilities are subject to the regulations set forth in the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 509 - Activities - General Requirements for Centers, facilities or centers have a duty to provide age and developmentally appropriate equipment and materials for the children that are accessible on a daily basis. The materials and equipment utilized by the child care center should help promote the child's social, emotional, physical and intellectual development. In other words, child care centers have a duty to provide a meaningful and educational experience for the children rather than mere, bland supervision. With respect to the materials and equipment used, the child care center should make sure that that they are free from toxic materials, pesticides, lead based paint, and / or other potentially harmful poisons to a child. Each day that weather permits, the child care center must provide for outdoor play that helps with large muscle development. North Carolina child care centers should strive to provide an environment that is physically and intellectually beneficial to the child in every respect. Unfortunately, some North Carolina child care centers / day care centers fail to follow the regulations and are, in fact, negligent in the care and supervision of the children. This, in turn and as a direct result of, causes serious personal injuries to North Carolina children.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.280, the day care center has the following responsibilities as to transportation:

*Driver must have a valid driver's license and be 21 years of age or older;

*Driver must have a medical examination by a physician showing fitness to drive;

*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;

*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.

*Driver should make sure that a responsible person as designated by the child's parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.

*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.

*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.

There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.

If an Illinois child is injured while being transported by a day care center, there are many issues that arise:

*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child's medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?

For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.

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

When a child is injured in a North Carolina day care center / child care center, parents have a right to be informed as to the details and circumstances of the incident, accident, and injury. It is stressful enough for the parents to have to deal with the trauma, pain, suffering, confusion, and fear from a child being injured. It is even more stressful when parents are "kept in the dark" as to the details of the incident. How did the incident happen? Who was around when the incident took place? What caregiver was in charge? What kind of supervision was in place? Did the injury result from inattention or negligence? Was another child involved? Was the injury or incident preventable? These questions along with many others come to a parent's mind when a child is injured. North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules. Under Section 802 - Emergency Medical Care, a facility has a duty to provide a parent with an incident report when a child receives medical treatment by a physician, nurse, or other medical providers as a result of an incident or accident at a child care center. The incident report should be prepared by the facility and then signed by the parent. Thereafter, the child care center is required to send a copy of the incident report to the Division of Child Development, Department of Health and Human Services.

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

Working parents and caregivers in North Carolina rely on day care centers to provide their children with a safe environment free from hazards and dangers. Standards are in place that regulation North Carolina child care centers / day care centers under the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 602 - Condition of Indoor Equipment and Furnishings, the facility must keep all items in good repair and in useable condition. Equipment and furnishings must be sturdy, stable and free from hazards or dangers that may injure a child. This would include sharp edges, lead based paints, splinters, loose nails, and other dangers. Broken equipment and furniture really has no place in a day care center. These items should be removed or kept locked away from children to avoid harm to the children. Day care centers should anchor or secure any items that may tip or fall on a child. In Jacksonville, Florida, a child died when a TV set fell on the child. (See ">Jacksonville Florida Dies When TV Set Falls on Child.) While this incident took place in a private home, it is still a good teaching point for day care centers to secure or anchor all heavy items to prevent a tragedy of this nature from taking place. Safety and compliance with regulations are vital to the protection of children in North Carolina day care centers / child care centers.

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

In North Carolina and other States, personal injuries to children result from unsafe child care centers / day care centers and negligent supervision. In North Carolina, child care centers are regulated by North Carolina child care centers / day care centers are regulated by the North Carolina Administrative Code Title 10 A - Health and Human Services - Chapter 9 - Day Care Rules.

Pursuant to Section 601 - Safe Environment, child care centers have a duty to provide children / students with a safe indoor and outdoor environment. Hazardous items should be kept away from children or in the alternative - adult supervision should be provided when children are around or exposed to potentially hazardous items. Furniture and furnishings should be child size and proper height for children. Outdoor play equipment including playground equipment should be appropriate for the age and development of the child. It is important that day care centers / child care centers follow these regulations and others for the health, safety and welfare of the children.

Parents and caregivers should review the North Carolina Administrative Code and other regulations to become educated on the requirements for day care centers. A North Carolina child injury lawyer / attorney can provide legal advice as to rules, regulations, laws, medical bills, medical treatment, and other matters when a child is injured in a North Carolina day care center / child care center. A diligent day care center that follows the rules and regulations can help prevent unnecessary harm and personal injuries to children.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured or become ill in day care center playgrounds every day. It is important for day care centers to timely respond to the injury / illness, document the injury / illness, and contact the parents about the injury / illness. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.310, Health Requirements for Children, a day care center has a duty to contact the child's parent or parents at the phone numbers provided in the file. If the day care center cannot get in contact with or reach the parents, the attempt to contact the parent(s) should be documented in the file. Major and even minor accidents are required to be documented and recorded in the child's file. Reports of incidents or injuries should be prepared by the person in charge or responsible at the time of the incident / injury. The following information should be documented in the report: time of injury, place of injury, and factual details on how the injury occurred. When medical care is provided, a statement signed by a physician detailing the nature and extent of the injury is also required documentation for the child's Illinois day care file.

Documentation is important and helpful in investigating a case involving neglect or negligence in a day care center. Of course, documentation is not always complete or accurate. Furthermore, day care centers document the incidents that take place in the facility. As such, in many instances, the day care center leaves out vital information in an attempt to mask or cover up the incident. For parents dealing with questionable, unexplained or confusing incidents as reported by a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky, working parents put children in day care for proper supervision and education during the work day. Parents expect that day care workers will properly watch the children and insure that the children are kept out of harm's way. In particular, day care workers should supervise children within the day care center and make sure that children do not wander or get out of the facility. The Little Angels Day Care Center in Mayfield, Kentucky was recently fined by the State of Kentucky after an investigation was conducted regarding a 2 year old who was found wandering outside of the facility unescorted and alone on or near a busy street. This day care center had prior incidents of children wandering outside of the day care center in the past as well.

Children lack good judgment and are at risk for being hit by a car and other dangers when the children are unsupervised. This is the very reason that children are placed in day care centers and not left alone at home. Day care centers are in place to reduce risks and dangers to children - not to enhance the dangers with poor supervision. Fortunately, no children were serious injured and no children died from the inadequate supervision; nevertheless, the risks and dangers were there and I believe that a fine and other sanctions are appropriate when these incidents take place. You can read more about this story at State of Kentucky Fines Western Kentucky Day Care Center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, day care centers have a duty to supervise the needs of very young children (infants and toddlers). Families and single parents alike rely on day care centers so that parents can work their jobs or attend school to better themselves. Infants and toddlers, due their age, size, immaturity, and poor judgment need supervision and care commensurate with their needs and abilities.

Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.210, Special Requirements for Infants and Toddlers, day care centers must properly train staff members in the care and treatment of infants. In particular, a day care center must have a licensed physician, registered nurse, licensed practical nurse, or licenses physician assistant with training in infant / toddler care provide instruction to staff members in the proper health of infants and toddlers.

The day care center must also provide separate space for infants and toddlers to keep them away from older children except in smaller facilities with ten or fewer children. A sink and toilet must be readily available for the infant / toddler program for accessibility and for sanitary needs in caring for infants and toddlers. Electrical cords are deemed to be dangerous and hazards. As such, no extension cords shall be used in areas where children are permitted. Play equipment available to infants and toddlers in the day care center must be free from hazards or dangers to infants. Hazards or dangers would include objects with sharp edges, rough edges, and toxins. Small objects that a toddler or infant could swallow are also consider hazards or dangers. Toys must be duly cleaned and disinfected daily.

There are several regulations regarding food / nutrition, food storage, feeding, and sleeping / napping for day care centers that supervise infants and toddlers.

Day care centers should follow the standards set forth in the Illinois Administrative Code. The health, safety and welfare of each child in the day care center are paramount. Day care centers that repeatedly violate the standards and requirements are putting children including infants and toddlers at greater risk for child personal injuries in the day care setting.

For parents dealing with questionable or unexplained incidents leading to personal injuries in a day care center, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid for the benefit of the child and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Harrisburg, Illinois, the criminal trial of a day care worker will be heading to trial in July 2009. Christi Bailey, age 28, is accused of punishing children in the Illinois day care center by putting hot sauce on their tongues when the children misbehaved. Bailey is also charged with counts of assault and battery for slamming a child into a wall and dragging another child into an office. Ms. bailey faces a total of 7 criminal counts for her alleged improper care and abuse of the childrenin a Harrisburg, Illinois day care center.

Unfortunately, abusive and neglectful day care and child care workers are out there physically or psychologically abusing children in Illinois day care centers. Of course, there are plenty of good day care centers and many admirable and caring day care workers as well. One child abused or neglected in a day care center is one child too many. When a child is abused or neglected, criminal prosecutions like the one against Christi Bailey should proceed forward. It is vital that day care workers treat children with respect, dignity, and due care. It is well know that children will misbehave and fail to follow directions. After all, they are children. It is not surprising that a child will misbehave. Day care workers and owners should be prepared to deal with these kind of issues without physically abusing children. You can read more about this story at Illinois Day Care Center Hot Sauce Case Heads for Trial in July 2009.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured in day care center playgrounds every day. Many injuries would have been prevented if the day care center properly supervised the children playing on the playground and properly maintained the playground equipment including swings, monkey bars, slides, stairs, see saws, and ladders. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.390, Outdoor Play Areas, day care centers are required to maintain the playground areas and equipment in a safe, clean, and sanitary manner. The outdoor play equipment should be of safe design and in good repair. Day care center owners and employees should inspect the equipment to make sure that the equipment is free from sharp points, sharp corners, wood splinters, exposed /protruding nails, rusty or loose mechanical parts, glass, lead based paints, and / or other hazardous or poisonous materials. Climbing equipment shall be securely fastened or anchored to the ground to prevent tipping over, balancing issues, or other dangerous conditions. Swings should be composed of rubber or impact absorbing materials. Wood and metal seats shall not be used. If children under the age of five years age use the playground equipment, guards or precautions should be implemented to prevent strangulation type of personal injuries. As you can see, there are numerous regulations in place that require a day care center to make its outdoor playground areas reasonably safe. While all injuries are not preventable on playgrounds, simple measures can be put in place and maintained to prevent injuries to children in Illinois day care centers.

If a child suffers personal injuries in an Illinois day care center playground, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

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

In California, parents depend on day care centers / child care centers to properly supervise their children. Children need to be treated with due care, dignity, and respect. While the parent is not technically the person enrolled in the California child care center, the California Department of Social Services, the agency that licenses and regulates child care centers, requires that child care centers give the notice and sign an acknowledgement of receipt of the notice.

Parents have the following rights:

1. The right to enter the child care center whenever children are being cared for in the facility. Advanced notice is not required.

2. The right to file a complaint or grievance against the child care center with the licensing office for the Department of Social Services.

3. The right to review the public file from the Department of Social Services of the licensee.

4. The right to access reports of licensing visits by the Department of Social Services and complaints against the child care center during the last 3 years.

You can review the above rights and other rights contained in the notification form at California Department of Social Services - Child Care Center - Notification of Parents' Rights.

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

In Oklahoma and other states, day care centers must comply with safety rules and regulations pertaining to playgrounds. Every day, children are injured on day care playgrounds through the country. Some personal injuries are unavoidable accidents while others result from improper supervision, negligence, bullying on the playground, and / or negligent construction, design or maintenance of the playground equipment. Section 22 (c) Outdoor safety and play equipment - Playground safety requires day care centers to follow certain regulations as to playground safety. Day care centers should keep children off of the playground area when weather conditions pose a significant health risk. Children should be well hydrated before any physical activity like playground play. The playground equipment itself should be sturdy, of safe construction, free from hazards, easy to clean, and kept in good repair. Playground equipment should be free from protrusion hazards like exposed nails, screws, and splinters. Equipment should be securely anchored to prevent tipping of equipment.

Many serious child personal injuries in Oklahoma day care centers can be avoided by implementing and following the rules and regulations by the Oklahoma Department of Human Services - Oklahoma Child Care Services.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois and other States, children are injured in day care centers every day. Many injuries would have been prevented if the day care center properly supervised the children and properly maintained the facility, play materials, equipment, and furnishings. Pursuant to the Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.380, equipment and materials for both indoor and/or outdoor use shall be appropriate for the age and developmental needs of the children. Play materials shall be safe, durable, and free from hazardous chemicals, sharp edges, rough edges, and toxic paint. Day care center caregivers and administrators should think safety before an incident ever takes place. It should not take a personal injury or wrongful death of a child in an Illinois day care center for a facility to wake up and start working on its safety measures, policies, or procedures. If a child suffers personal injuries in an Illinois day care center, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

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

In California, day care centers / child care centers are licensed and regulated by the California Department of Social Services. Before selecting a child care center, parents, guardians, and caregivers should do their best to investigate the child care center, ask a lot of questions, and make an informed decision. California has created a search tool on the California Department of Social Services website to assist parents, guardians, and caregivers in their respective searches for day care centers. See California Search for a Licensed Facility. For instance, a search of the Woodland Hills, California area revealed 22 licensed child care centers. For each child care center, there is an address, license or facility number, telephone number, and capacity amount (i.e. number of children that can be cared for in the facility). Choosing the right day care center can have a profound effect on your child. Good day care centers will properly supervise your child and protect the child during a parent's work day. Unfortunately, there are many day care center that fail to follow the applicable regulations, fail to supervise the children, and fail to operate a child care center that is clean, safey, and free from hazards. If a child has suffered personal injuries as a result of day care / child care negligent supervision or negligent maintenance, a California child injury lawyer / attorney can help guide a parent through many complicated issues including medical treatment, medical bills, insurance claims, and the court system.

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

In Iowa, child care centers / day care centers are regulated by the Iowa Administrative Code - Chapter 109 - Child Care Centers. The purpose of the rules and regulations is to establish minimum requirements for licensed child care centers and pre-schools. These standards cover areas from licensing to supervision to nutrition. It is important for Iowa child care centers that are licensed and subject to these rules and regulations to comply with Iowa law. Working parents in Iowa depend on child care centers to provide for the physical, emotional and educational welfare of children including infants, toddlers, pre-school, and school aged children.

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

In Oklahoma and other states, day care centers must comply with rules and regulations as they pertain to outdoor safety and play equipment including playgrounds. Rules and regulations are found in Section 22 of the Requirements for Oklahoma Child Care Centers by the Oklahoma Department of Human Services. Outdoor play space or playgrounds must be enclosed by a building and / or fence that is at least 4 feet high that beings at ground level. Fencing must be in a stable, upright, secure and good condition that is free from dangerous conditions. Impact absorbing surfaces must be used over any fall zones under climbers, swings, slides and the equipment. Ground surfaces composed of loose materials must be 6 inches in depth.

It is important for day care centers / child care centers to follow these regulations which help prevent injuries or reduce the severity of personal injuries to Oklahoma children.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Illinois, day care centers / child care centers are regulated and licensed by the Illinois Department of Children & Family Services.

In June 2007, Illinois had over 2900 licensed day care centers, over 10,000 licensed day care homes, and over 450 group day care homes. It is estimated that over 295,000 children were cared for or supervised in these various facilities.

Day care centers are regulated by the Illinois Administrative Code. It is vital that day care centers follow these regulations and standards. Day care centers that violate these standards put the health, safety and welfare of Ilinois children at risks. While not all personal injuries to children in day care centers can be completely avoided, adherence to these standards can help reduce the incidence and severity of injuries to children in Illinois day care centers.

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

Parents in Iowa and other states have many resources to find out information about child care centers / day care centers. Before enrolling a child in a day care center, we recommend that parents research the facility to make sure the child is placed in a safe, clean, and well supervised educational environment. The Iowa Department of Human Services has an interactive map where a parent, caregiver, or guardian can search out day care centers in Iowa at Child Care Providers. The State of Iowa is divided into 5 area to locate licensed child care providers by region. The list contains the name of the licensee, address, telephone number, license number, and expiration date for the license. You can also find contact information for regional Child Care Resource and Referral services. Each has a website and a contact telephone number for so that additional information can be obtained for child care providers.

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

Oklahoma day care center / child care center have a duty to provide adequate and proper supervision of children enrolled in the day care program. Oklahoma law provides for regulations of day care centers pursuant to
the Oklahoma Department of Human Services - Requirements for Oklahoma Child Care Centers. Section 9.1 - Supervision of Children requires that each chid is assigned a staff person who is aware and familiar with the child's needs, habits, interests, and special problems. Staff members must be present in the room or adjacent bathroom and able to see or hear the infants at all times. For school aged children, a staff member generally is required to be within sight or hearing of the children at all times. Staff ratios are set forth in the regulations and should be complied with to insure proper and adequate supervision of the children.

Unfortunately, Oklahoma children are injured on a daily basis due to improper, inadequate, and / or negligent supervision in day care centers / child care centers. It is clear that properly trained and diligent staffs can help avoid or reduce the number of child personal injuries that take place in the day care setting.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care providers in Montana and other states have a duty to provide adequate and appropriate supervision of children under their care. It is especially important to provide diligent supervision when children are participating in aquatic / swimming activities or when children are near or have access to bathtubs, swimming pools, or waterways including rivers, retention ponds, oceans, lakes, and canals. Sharon Miller recently was given a 1 year suspended sentence for her role in the drowning death of a 6 month old Montana girl under her care. Under the plea deal, Sharon Miller promised not to provide any child care for children except for family members. Ms. Miller was reported to have left a 6 month child (Jenna Unruh) in a bath seat in a sink while she changed another child's diaper in another room. Just a few minutes of inattention led to this drowning death in Montana. You can read more about this story at Chinook, Montana Woman Pleads Guilty to Child Endangerment Charges for Drowning Death of Child Under Her Care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Santa Clara, California and other States, school nurse perform a vital function every day. They are there to help supervise, examine, and care for school children. At times, teachers, administrators, school employees, parents, and visitors need the assistance and expertise of a school nurse while on school grounds. Eileen Bowden, a school nurse, collapsed and died after she helped save someone's life. She was called into action when a man needed help at a school function. Eileen along with another person administered CPR. The incident took place at the Santa Clara (California) High School. Ms. Bowden helped save softball coach John Rahbar.

Ms. Bowden's last act of her life saved the life of another person. She was a school nurse for many years and undoubtedly had a positive and lasting effect on many people including Coach Rahbar.

When you next see a school nurse, thank the nurse for his or her service and let the school nurse know how important the school nurse is to the children, school staff, and community.

You can read more about this story at California High School nurse helps to save man's life, but loses her own.

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.

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

Oklahoma day care centers / child care centers are regulated by the Oklahoma Department of Human Services. The Oklahoma Child Care Licensing Act was enacted to set forth minimum standards for care and protection of children placed or enrolled in day care centers in Oklahoma. Facilities have a duty to follow the regulations and put the health, safety, welfare and education of each child as priorities for the operation of the child care center / day care center. You can access the regulations for Oklahoma day care centers at Requirements for Oklahoma Child Care Centers. Facilities have certain minimum standards to meet as to the following: licensing, staff, training, indoor equipment, outdoor equipment / playgrounds, water activities, rest, toileting, discipline, nutrition, and many other areas. Child care centers / day care centers who ignore or violate these regulations put children at greater risk for danger, child personal injuries, and, in some cases, wrongful death. If a facility has violated a policy / regulation or has otherwise been negligent in the care of a child, a parent or caregiver should seek the advice and counsel of an Oklahoma child injury attorney for guidance issues including medical bills, records, insurance, and compensation.

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

In Oklahoma, day care centers / child care centers are regulated and licensed by the Oklahoma Department of Human Services. When selecting a day care center, Oklahoma parents have many choices and options. When researching a facility, it is important to gather as much information as a parent can to make sure that a child is placed into a facility that meets the child's needs. The Oklahoma Department of Human Services has a helpful website that allows a parent, caregiver, guardian and any other person to get valuable and important information on a day care center / child care center in Oklahoma. Go to Oklahoma Child Care Locator to research a particular day care center or various day care centers in your area. If a child is injured due to negligence, abuse, or neglect in a day care center, an Oklahoma child injury attorney / lawyer can help guide a parent through the laws and regulations and provide legal advice as to the respective rights of the injured child and his or her parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.