Child Injury Lawyer Blog

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

Quinetta Tubbs, owner of NaNa’s Day Care in Ohio, was charged with child endangering and obstructing official business after leaving a two-year-old Micah Davis at Clippard Park following a field trip. Tracy Davis, Micah’s mother, was informed of the incident by Tubbs. Thereafter, Tubbs asked the mother to lie to the police and tell the police that the child was at a birthday party. Tubbs was released on a $1,000 bond. Child and Family Services is investigating NaNa's Day Care, but the mother said she does not want to press charges.

Day care employees need to be more aware of the children under their guidance, care, and supervision. Children of all ages, including two-year-olds, can get separated from the group easily, especially when on a field trip.

Parents need to make sure their day care centers have precautions in place for when they travel outside of the facility. While there are several ways to keep a group together, one way is to have all of the wear the same T-shirt or same color T-shirt.

Secondly, they should follow single file, and hold hands. Children should be instructed to alert a teacher if the person who was once holding their hand is not holding it anymore. They should also be instructed to alert a teacher if they see someone wander off or if their friend goes missing. Small tasks such as these can make a big difference in keeping children safe on field trips or other outside facility trips.

Finally, and most importantly, a simple checklist that is reviewed and documented before and after each stop can prevent most incidents from taking place.

For more information, see Day Care Worker Accused Of Leaving Toddler At Park

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quest Alliance, a day care center for special needs children located in Phoenix, Arizona, is charged with negligence for the second time after 6-year-old Tanner was left in a hot van, in the middle of the day, for more than an hour.

In 2007, Quest Alliance was charged with negligence after Jason Allan, who was an autistic 8-year-old, wandered away from the facility and was later found dead in a nearby canal. Allan had drowned.

The incident involving Tanner is now the second incident of negligence from this day care center. Luckily, Tanner was rushed to the hospital after his mother, Tracy Roberts arrived at the day care center and found her boy strapped and locked in the car. At the hospital, Tanner was pumped with fluids and later sent home.

It is unfathomable that this negligence not only happened once, but also happened twice. Although Quest Alliance took immediate action after the 2007 incident by devising a corrective plan to attempt to avoid future incidents from taking place. Clearly, something went wrong again. Employees working at day care centers especially need to be more aware of their surroundings and the children under their care, supervision, and guidance. There is no excuse for children wandering off, or children being locked in day care vans. Parents need to make sure that the day care centers they leave their children with are well equipped with precautionary measures, rules, and protocols.

For more information on this incident, see “Arizona Day Care Under Investigation After Boy Left in Sweltering Van.”

By Mark Freedman, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

As a result of the Casey Anthony case, Michigan is now advocating for what state legislators call “Caylee’s Law.” Caylee’s Law will make both failure to report a missing child, and failure to report a dead body felony offenses in Michigan.

By enacting this law, Michigan legislation hopes to close the gaps that exist in our legal system today. The goal is to correct an “oversight” in our legal system.

Specifically, the law will state that if a missing child under the age of 13 is not reported within 24 hours, a felony charge will occur. A person will also receive a felony charge if he or she conceals or fails to report a dead body immediately upon discovery.

It is important for laws to be created in response to the Casey Anthony case. Although one would think it is unlawful to not report a child missing right away, or to conceal the discovery of a dead body, it is not against the law currently. Why these laws do not already exist is unknown, but it seems as though Michigan legislation is on the right track to correcting this problem.

For more information, see Caylee's Law - Michigan's Response to the Caylee Anthony Case and Gap in Michigan Criminal Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Julie Powell picked up her children, Carter (18 months) and Konnor (3), from the Toddler Escape Drop-In Child Care in Billings, Montana, nothing seemed out of the ordinary. It wasn’t until she received a call from Billings police later that night that she found out what had happened to Carter earlier that day. A passing motorist on busy Central Avenue had spotted the child wandering around in the street and returned him to the daycare center.

Powell found out, only after the incident, that drop-in daycare centers are not regulated the same way as licensed daycare centers. The state of Montana does not inspect or license drop-in centers. Powell attempted to file a complaint with the state’s child care regulation office, and was told that she needed to call the child abuse hotline. The Child and Family Services Division of the Department of Health and Human Services would conduct a child welfare investigation privately. There would be no mention of the charges or investigation in the state’s searchable database of licenses daycare facilities, since drop-in centers aren’t licensed.

This case highlights the need for parents to do thorough research before selecting a child care facility. Simply visiting the facility and making sure that it looks clean is only the first step. Checking with the appropriate state department about the status of the center’s license (and whether they are even required to have one) can help parents feel more confident about who is caring for their children.

Find out more about this story at Toddler escapes daycare, found on busy street.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The mother of a special needs child and active blogger has come out with a list of actions parents of special needs kids can take to protect their children from predators. She suggests that parents teach their special needs children the following:

• It is not appropriate for an adult to ask a child for help. Respond to requests with “Let me get my Mom or Dad.”
• Always let a parent or responsible guardian know where you will be and check in frequently.
• Make sure the child knows your home address and contact information. If the child has trouble memorizing this information, a laminated card or metal tag (worn out of sight) may help.
• Think about giving the child a cell phone with your number and any emergency numbers programmed in.
• Make sure the child knows how to dial 911 in an emergency.
• Have a special word that only trusted family members know. Let the child know not to go with anyone who doesn’t know the special word.
• Make sure the child knows not to go near strange cars or strange people.
• If the child is alone, scared or in trouble, teach them to ask for help from a mother with children, even if she is a stranger. This is the safest stranger for him to ask for help.
• Parents should always have a current photo of the child and make a mental note of what they are wearing each day.
• If your child is missing, contact authorities and ask them to enter your child’s information into the National Crime Information Center’s Missing Person File. Then call the National Center for Missing and Exploited Children at 1-800-THE-LOST.

While these guidelines were developed for parents of special needs children, most of them are applicable to any child. The best defense against predators is a good offense – that means teaching your child how to be safe.

You can read more details on these tips at Guidelines For Protecting Special Needs Kids From Predators.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

GPS devices are on the market that can help parents and caregivers find missing children. While the devices may be extremely helpful in certain instances, they are not and should not be substitutes for diligent parental / adult supervision of children. There are thousands upon thousands of missing children reported missing every day. Some wander away while others are abducted. Hopefully, new technology will help concerned parents and caregivers locate missing or abducted children. You can read more about the recent trends at GPS Devices Help Give Parents Peace of Mind.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents now have access to affordable technology to track their children with GPS. One such device called Zoombak is priced at $99.00 for the unit and $15.00 per month for the service. A parent or caregiver can track the movement of a child on foot, bicycle, or vehicle. GPS technology plots the movement of the child every five minutes through the zoombak website. A parent can also put parameters or geographic boundaries on movement. If the child goes beyond those boundaries, the parent is then sent an e mail or text message regarding the same. Zoombak is sold at Radio Shack and Target.

GPS technology can give parents peace of mind and also can make parents better detectives in watching over or following the movements of their children. You can see a video demonstration of the product at the Technology Site for the New York Times.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Some children have been missing for years. Some families are fortunate enough to be reunited with a missing child. Others are not. Technology can aid law enforcement and the public in locating missing children. The disappearance of Madeleine made international headlines. In 2007, Madeleine was 3 years old. Today, she would be 6. She disappeared on a family vacation in Prai da Luz, Portugal. An expert working at the National Center for Missing and Exploited Children created the digital image using prior photographs of the child. The parents recently appeared on the Oprah Winfrey Show to publicize the photo, technology, and ongoing search for their daughter.

You can read more this story at Image Shows What Missing Tot (Madeleine McCann) May Look Like.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arcadia, Missouri, there is a great sigh of relief for the family of Joshua Childers and the surrounding community. Joshua got out of his house one night while his mother was on the telephone and his father was sleeping. The family looked for Joshua for about 45 minutes and then called for help. Search parties were organized and luckily the boy was found by a volunteer.

This Missouri missing child story has a happy ending . . . Unfortunately, many stories just like this do not. It just shows you that a few minutes of inattention can lead to a child being missing. Some are never found.

Hopefully, Joshua learned a lesson and will not put such a scare into his parents ever again. Joshua' story should serve as a motivation to other parents to make sure that their children are safe and do not wander off without supervision.

You can read more about this story at Arcadia Missouri 3 Year Old Boy Found After Being Missing for 3 Days.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Alaska State Trooper and other search teams have been investigating the disappearance of two teens, Rondy Lamont (age 17) and Matalena Tinke (age 14). The two teens were on a snowmachine heading home to Pitka's Point, Alaska from St. Mary's, Alaska. The search revealed fresh snowtracks from a snowmachine leading into the an area where the Andreafsky River meets the Yukon River. The search continues for the teens and the snowmachine but it is feared that they died when the snowmachine went into the icy waters.

Cold weather and the elements bring children out for sport and adventure in many states including Alaska. It also brings with it dangers of unsafe roads, trails, and weak grounds leading into icy waters and other perils.

You can read more about this story at Search for Missing Teens in Alaska - Tracks Discovered Near Icy Waters.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Ten years ago, Adam Herrman was an 11 year old boy living in a mobile home park in El Dorado, Kansas. He was previously in the foster care system and then adopted when he was 2 1/2 years old by Doug and Valerie Herrman. Adam disappeared when he was 11 years old but it was not reported to authorities by his adoptive parents, Doug and Valerie Herrman. According to the Herrman's attorney / lawyer, the Herrmans did not harm the child and only violated the Kansas law of failing to report that he was missing. A search of the area and association will be performed by law enforcement authorities. Adam Herrman is 21 years old if he is still alive today. You can read at Search / Investigation for Kansas Boy Missing for 10 Years.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter weather brings sub zero temperatures to many parts of the United States including Iowa. In Laurens, Iowa, authorities found a 7 year old walking around in sub zero temperature alone with inadequate clothing. The child was found and put in protective custody. The child had walked at least a half of a mile. The boy was so cold that he couldn't speak. If the boy had spent more time outside, he was at risk for hypothermia and even death. The boy's parents, Eugene and Stacy Lane, were cited for child endangerment by local police and then released. The child now will be subject to proceedings by the State in which the parents will need to appear. I expect that the State of Iowa will require the parents to participate in a parenting plan in order to regain custody of the child unless there are instances of neglect and abuse from this household.

You can read more about this story at Iowa Boy Founding Shivering in Sub Zero Temperatures.