June 30, 2009

California Day Care Centers / Child Care Centers: What Injuries / Incidents Are Required to be Reported to the Department of Social Services?

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

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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.

June 29, 2009

Government Study Shows that School Improperly and Negligently Restrain and Confine Disabled Children

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

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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.

June 22, 2009

Nebraska Day Care Centers / Child Care Centers - What Staff to Child Ratios Apply?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 21, 2009

Nebraska Day Care Centers / Child Care Centers - What Rules Apply to Discipline? What Disciplinary Measures Are Prohibited Under Nebraska Law?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 20, 2009

Nebraska Day Care Centers / Child Care Centers - How Do I Look Up Licensing Information for a Day Care Center / Child Care Center

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 18, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply to Surfacing Materials for Playground Areas?

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

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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.

June 17, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply to Outdoor Learning Environments / Playgrounds?

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

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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.

June 16, 2009

North Carolina Day Care Center / Child Care Centers - What Staff Ratios Are Required for Proper Supervision of Children Under North Carolina Law?

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

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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.

June 15, 2009

North Carolina Day Care Center / Child Care Centers - What Staff Ratios Are Required When Children Participate in Aquatic Activities / Swimming?

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

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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.

June 14, 2009

North Carolina Day Care Center / Child Care Centers - What Standards Apply to Aquatic Activities / Swimming Pools?

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

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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.

June 13, 2009

North Carolina Day Care Center / Child Care Centers - What Standards Apply as to Transportation of School by School Bus and Other Vehicles (Seat Belts and Safety Restraints)?

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

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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.

June 10, 2009

Delaware Day Care Centers - What Are the Physical Environment and Safety Standards?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 9, 2009

Wyoming Day Care Centers - Steps to Selecting a Good Child Care

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 8, 2009

3 Year Old Child Left on School Bus While Driver Ran Errands

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New Hampshire and other states, school bus drivers have a duty to provide for proper safety and supervision of children. Children should not be left unattended or unsupervised at any time. This procedure or policy is part of the policy manual for many school districts and school boards as well as for many private bus companies. These policies are in place because children who are left unattended or unsupervised on a school bus are at higher risk for serious personal injury In Sommersworth, New Hampshire, a 3 year old boy was left unattended on a school bus while the school driver ran errands. The child was locked on the bus and left alone for 45 minutes. The school bus driver was later disciplined for the terrible lapse in judgment. Fortunately, the child did not suffer any serious physical injuries from being left on the bus. You can read about this story at New Hampshire 3 Year Old Left on Bus While Bus Driver Ran Errands.

June 7, 2009

Delaware Day Care Centers - What Are the Mental Health and Physical Health Requirements for Staff, Employees, and Volunteers?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Delaware, it is important for day care centers to employ, train, and supervise qualified staff, employees, and volunteers. People who work or volunteer their time at day care centers in Delaware must meet with the Health Requirements set forth in the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What are the physical and mental health requirements for staff, employees, and volunteers of a Delaware day care center? Delaware law requires a written report from a licensed physician or nurse practitioner for a medical examination attesting to the health of the employee, staff member, or volunteer. The health status refers to both the physical and emotional ability to care for children. There also needs to be written evidence that the employee, staff member, or volunteer has been free from communicable diseases like tuberculosis within 1 year from the first day of employment at the Delaware day care center.

June 6, 2009

Delaware Day Care Centers - What Requirements Apply as to the Reporting of Child Abuse and Neglect?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 5, 2009

Delaware Day Care Centers - Is Liability Insurance Required to Cover Personal Injuries and Wrongful Death?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

June 4, 2009

Important Instructional Video that Parents, Teachers, and Day Care Workers Should Watch - Saving Baby's Life When Every Second Counts

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Geraldine Hickey has put her nursing and midwifery experience to good use. She formed a company called Baby Zone and Beyond which puts on seminars and distributes videos / DVDs on important child health topics like choking and CPR. This seminar or video can help train parents, day care workers, teachers, and other caregivers techniques to deal with emergency situations that can and do save lives and serious personal injuries to children. CPR techniques are much different for a child due to the size, development and anatomy of a child. Geraldine Hickey has a mission of getting this valuable information out to save and protect children. I recommend that you review her website and products for the health, safety and welfare of your child. The website is called babyzoneandbeyond. The company is based in New Jersey.

May 29, 2009

Massachusetts School Bus Driver Fired After Text Messaging While Driving

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

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In Massachusetts and other states, school bus drivers should pay close attention to driving and supervising the children on the bus. School bus drivers should not use mobile phones while driving and certainly should never text message while driving. School bus drivers who allow themselves to become distracted by such technology put children in danger and, yes, risk the loss of a job. In Massachusetts, a school bus driver was caught texting and driving on video on a student's mobile phone. First Student, the school bus company based in Cincinnatti, Ohio fired the bus driver who was driving Clinton, Massachusetts students from Assabet Valley Technical High School.

You can read more about this story and actually see a You Tube video of the incident at School Bus Driver Caught Texting on Massachusetts Route.

May 25, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Accidents / Incidents for the Reporting and Documentation of Personal Injury Sustained at a Day Care Center?

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

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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.

May 24, 2009

North Carolina Day Care Center / Child Care Centers - What Standards Apply as to Activities?

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

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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.

May 24, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Transportation of Students / Children via School Buses, Vans and Other Vehicles?

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

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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.

May 23, 2009

Pennsylvania High School Orders Shot Glasses as Prom Favors - Poor Judgment and Message for Students

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, underage drinking among high schoolers is a big problem. Teenagers often lack good judgment when drinking alcohol. They do not know their own limits, understand the true effects of alcohol, and do stupid things while under the influence of alcohol. At Warwick High School in Lancaster County, Pennsylvania, shot glasses were ordered as prom favors. Yes, high school students drink. This is no secret; however, giving out shot glasses as prom favors really sends the wrong message. Eventually, school officials recognized the fact that this was the wrong message but somebody should have caught the order much sooner. Lesson learned. You can read more about this story at High School Ordered Shot Glasses for Prom Favors in Lancaster County, Pennsylvania.


May 23, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to Accident, Incident, and Injury Reports?

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

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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.

May 22, 2009

Georgia Teacher Appeals Conviction for Having Sex with Student

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

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The Georgia Supreme Court heard arguments recently in an appeal by a Georgia teacher who was convicted of having sex with a 16 year old student at her school. The teacher was convicted under Georgia Code Section 16-6-5.1 which provides a 10 year mandatory sentence for any “custodian or supervisor” who has sexual contact with anyone who is enrolled in a school.

The Augusta, Georgia physical education teacher, who is a female, had a sexual relationship with a 16 year old female student who initiated the relationship with her teacher. In the first step of the appeals process, the Georgia Court of Appeals held that the girl could not consent to the sexual relationship and that this statute was designed to impose criminal penalties for this type of consensual relationship between a teacher and a student.

The teacher’s attorney then appealed that ruling to the Georgia Supreme Court. In oral arguments this week, the teacher’s attorney argued that a 16 year old is not a minor and can make her own decisions about sex. The prosecutor, however, argued that the State of Georgia has a compelling interest in protecting students in the public school system. A decision by the Georgia Supreme Court is forthcoming.

May 22, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to the Condition of Indoor Equipment and Furnishings?

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

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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.

May 21, 2009

New Hampshire - 11 Year Old Boy Shoots BB Gun At Classmates - Investigation as to Propriety of Sale to Minor

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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BB guns are weapons that can lead to serious personal injuries and wrongful death. BB guns and toy guns are especially dangerous when others believe that BB guns are high powered fire arms. Parents should keep in mind that a weapon is a weapon. This advice applies to BB guns. Parents and caregivers should supervise their children any time that children use a BB gun.

In Salem, New Hampshire, an 11 year old boy bought a BB gun at a flea market. He subsequently brought the BB gun to school and shot some classmates. An investigation is under way to see how the 11 year old was able to purchase the gun from the vendor at the flea market. It appears if the 11 year was the actual purchaser for the BBI gun without his parents - then the vendor may end up facing criminal charges in New Hampshire.

You can read more about this story at 11 Year Old New Hampshire Boy Shoots Other Students with a BB Gun.

May 21, 2009

Two Pelham (New Hampshire) High School Students Arrested for Bringing Toy Gun to School

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New Hampshire, two high school students were arrested for bringing a toy gun to school. Another student had noticed the gun on the hallway floor and notified school officials. In the abundance of caution, school authorities contacted law enforcement who then went to the school to investigate. Police found the plastic toy gun with an orange tip in a locker. In response to the situation, the school was put on lockdown. Parents were notified via text message and other means and also went to the school.

While the toy gun that was recovered looked very much like a toy, school officials and law enforcement are better to err on the side of safety than take guesses as to the existence and severity of the dangers.

You can read more about this story at 2 Arrested After Toy Gun Recovered at Pelham High School - New Hampshire.

May 21, 2009

North Carolina Day Care Centers / Child Care Centers - What Standards Apply as to Safety Indoor and Outdoor Safety?

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

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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.

May 21, 2009

Teen Arrested at Washington High School (Milwaukee, Wisconsin) for Bringing Gun to School

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

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An 18 year old student was recently arrested at Washington High School in Milwaukee, Wisconsin. The student was seen carrying a gun in his waistband. The principal called the student into his office and took the .22 caliber semi-automatic weapon / hand gun.

Attentiveness and quick thinking on the part of the principal and staff at Washington High School led to action and safety measures at the school. Fortunately, no one was harmed and the gun did not play a part in the shooting or harm to any teacher or student at the school.

You can read more about this story at Milwaukee Wisconsin Teen Arrested for Bringing a Gun to School.

May 20, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for Incident, Accident, and Injury Reporting by the Day Care Center?

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

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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.

May 19, 2009

University of Georgia Listed as a Top Party School - Dangers and Responsibilities of Being a College Student in Georgia

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

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When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”

UGA has consistently ranked high as a party school and in recent years has made efforts to lower their rankings by imposing rules about student drinking. Notwithstanding these efforts, even a serious ranking of colleges, the Princeton Review, places UGA at number 7 for party schools. To read more see Party College / School Rankings - University of Georgia Makes the List.

Readers of our blog might recall a posting in January about a University of Georgia college student who took partying too far. That student went to a party, got drunk and tried to drive herself home. When she stopped at a stop sign, she passed out. The police found her passed out behind the wheel of her car at the stop sign. See University of Georgia Student Stopped at Stop Sign - Passed Out Drunk.

College students have a responsibility as adults to drive with due care and caution andto refrain from dangerous conduct that may affect the health, safety, and welfare of themselves and others. Peer pressure is alive and kicking in colleges through the nation. When you combine peer pressure, immaturity, drugs, and / or alcohol in any combination, serious personal injuries and wrongful death can result.

May 19, 2009

Baton, Rouge Louisiana 13 Year Old Arrested for Having Firearm in School

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

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In Baton Rouge, Louisiana, school officials and law enforcement may have help avoid a disaster in the form of a school shooting by taking action to arrest a 13 year old and remove an assault rifle from school grounds. At the Southeast Middle School on Harrells Ferry in Louisiana, a 13 year old brought a military style Ruger mini 14 assault rifle to school and place the rifle along with high powered rounds of ammunition in his locker. Other students informed school officials that the weapon was inside the student's locker. Telling school officials about a dangerous weapon was wise and brave of these students who, in turn, may have helped save the lives of fellow students and teachers. Within five minutes of receiving the information, school officials contacted the resource police officer and located the gun.

Tragedy was avoided in that no students suffered personal injuries or death by a student on a mission to harm others with this assault weapon. School officials and police should be commended for quick, calm action that helped diffuse a very dangerous and potential deadly situation. You can more about this story at
Louisiana Middle School Student Arrested for Bringing Assault Weapon with Ammunition to School.

May 19, 2009

State of Kentucky Fines Western Kentucky Day Care Center for Poor Supervision of Children

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

May 19, 2009

Illinois Day Care Center / Child Centers - What Standards Apply for the Care and Supervision of Infants and Toddlers?

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

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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.

May 18, 2009

Illinois Day Care Center / Child Centers - What Standards Apply to Outdoor Play Areas / Playgrounds?

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

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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.

May 17, 2009

Iowa Law - What Is Considered Child Abuse?

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

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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

May 17, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to Playground Safety?

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

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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.

May 16, 2009

Iowa Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Facility and Supervision of Children?

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

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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.

May 16, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to Outdoor Safety and Play Equipment and Playgrounds?

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

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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.

May 15, 2009

Iowa - Researching and Finding a Child Care Center / Day Care Center

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

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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.

May 15, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Supervision of Children?

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

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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.

May 14, 2009

Chinook Montana Day Care Provider (Sharon Miller) Pleads Guilty to Negligent Endangerment Charges in Drowning Death of 6 Month Girl Under Her Care

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

May 14, 2009

Bothell, Washington Man (Dean Kinsman) Arrested After Luring Children Into His Truck in Two Separate Incicdents

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Families of two children in Washington state were given quite a scare when a man in a pick up truck lured their children into his vehicle on two separate incidents. The man (Dean Kinsman) offered one child a bicycle and the other shoes if they got into his vehicle. Children who go off with creepy strangers are really in danger and are often times injured, molested, and, in many tragic cases, killed. Fortunately, Kinsman did not take the children away from these families forever; however, the families were quite concerned that these incidents happened in the neighborhood. The boy was 9 years old and the girl was 4 years old.

News report did not indicate what Kinsman did with the children on his outings with the children. It is clear that Kinsman was not a friend of the family and did not have permission of family members to take the children anywhere. An investigation will be conducted to find out more details about these incidents and to determine if Kinsman took other children on similar excursions in the past.

This story shows the importance of staying away from strangers. Whether the stranger offers money, a bicycle, shoes, or a puppy, tell your children it does not matter. You can read more about this story at Bothell, Washington Man Arrested for Luring Children into his Pick Up Truck.

May 14, 2009

Santa Clara, California School Nurse (Eileen Bowden) Collapses and Dies After Performing CPR on Heart Attack Victim

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

May 14, 2009

11 Year Old (Ester Rubio) Died from Gun Shot Wounds at Soccer Match

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.

It is truly a tragedy that our children cannot safely attend a sporting event at a local high school without the risk of danger from shootings.

You can read more about this story at 11 Year Old Shot at King City High School Soccer Match Dies.

May 13, 2009

Louisville, Kentucky School Bus Crash Leads to 13 Injured Students

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Louisville, Kentucky, a Jeep ran into a school bus at an intersection. The Jefferson County school district reported that 15 people suffered personal injuries, 13 of the 15 injured were students from the Brandies Elementary School and Foster Academy.

Drivers should exercise caution when driving near any school buses. Children are at risk for injury in school bus crashes even if the the school bus is hit by a much smaller vehicle.

You can read about this story at 13 Hurt in Kentucky School Bus Crash.

May 13, 2009

Oklahoma Day Care Centers / Child Care Centers - What Rules and Regulations Apply to the Operation of the Day Care Center?

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

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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.

May 13, 2009

Ausable Forks, New York Basketball Coach (Joey Strong) Charged with Rape and Endangering Welfare of a Child

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

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In New York and other States, school coaches are in the position of trust and responsibility. Coaches are supposed to mentor our children. Coaches are not supposed to provide alcohol or sex to children. This is basic common sense. It is also a crime no matter if the Defendant is male, female, tall, short, good looking, or ugly. In Ausable Forks, New York, the girl's basketball coach from Holy Name School has been criminally charged with giving alcohol to a teenage boy and having sex with him. The incident took place at a Queensbury, New York hotel in March 2009.

Of course, Coach Joey Strong is entitled to the representation from a New York Criminal law attorney and is innocent until proven guilty; however, if she indeed had sex with an underage minor / student, she should be criminally prosecuted.

According the school principal, Coach Strong was not an employee of the school. Coach Strong was a volunteer coach for 8 years. Whether Coach Strong was a volunteer coach or an employee, the school still had a duty to supervise and monitor her activities. In addition, background checks should be performed on all volunteers and coaches to insure that the children are not exposed to dangerous persons or exposed to undue risks. Of course, if Coach Strong had no prior criminal record or history of sex or abuse with minors, the school would not have been put on prior notice of her activities or propensities.

You can read more about this story at New York Coach Accused of Sex with a Student.

May 12, 2009

Oklahoma Day Care Centers / Child Care Centers - How Do I Look Up or Research a Facility in Oklahoma?

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

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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.

May 11, 2009

Mooreville North Carolina 8 Year Old Injured in Dodgeball Game - Liability of Teacher? School?

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

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In North Carolina and other States, dodgeball is played at schools, playgrounds, and parks. Opponents of dodge ball believe that it is a game of danger and bullying. The object of the game is to hit or peg another player with a ball. Personal injuries result from dodge ball games. Many injuries result when older players or adults play too rough or hard with smaller and younger children. In Mooreville, North Carolina, Tanner Badial, age 8, was injured in a dodge ball game at Mooreville Elementary School when the gym teacher hit Tanner with a ball. After being hit, the boy cried in pain only to be mocked and ridiculed by the coach. Detectives and investigators will conduct interviews to try to piece together the events and cause of the injuries. You can read more about this incident at 8 Year Old Injured During North Carolina Dodge Ball Game.

Adults including teachers and coaches should use due care when supervising or participating in sports or games with children. Dodgeball has been around for years and to many it is a tradition; nevertheless, the traditions of a game are no excuse for injuring a child.

When a parent or guardian has concerns about a a personal injury resulting from negligence, failure to supervise, bullying or other causes, it is often times helpful to have the advice, counsel and representation from a North Carolina child personal injury attorney.

May 11, 2009

United States Department of Health and Human Resources - Resource for Day Care / Child Care Regulations for All 50 States

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.