Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Montana, a former 72 year old day care owner was convicted of criminal charges involving the sexual abuse of toddler. The Montana day care owner pleaded guilty to sexually assaulting the girl for a period of a yea and one half. Albert Gaub unfairly and immorally assaulted this child. See Day Care Owner Convicted of Sexually Assaulting Child. From news reports, it does not appear that the Defendant, Albert Gaub, came to terms of his crime or appreciated the magnitude of the harm done to the child. Fortunately, Mr. Gaub will now be "behind bars" and away from children.

In Montana and other States, many child abusers are still roaming the community undetected. Some criminals are very clever and are able to avoid detection and prosecution for a life time. It is quite frightening to know that there are people like Albert Gaub in any given community looking for an opportunity to harm a child.

When a child is injured in a day care center, parents often times need help and have a number of questions about the legal rights of the child. It is a shame and tragedy in many instances when a child is injured by the very people who have a legal and moral duty to watch over and keep children safe. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - has chapters on day care center injuries, school injuries, damages/compensation, and other topics. The book can be obtained for free at The ABCs of Child Injury. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend's child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child's home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.

There are several risk factors for child abuse, these include, parental drug and alcohol abuse, domestic violence, lack of parenting skills, mental illness, lack of parenting supports and stress. It is important to be able to recognize these risks factors and report any suspected abuse or neglect to the police or social welfare office for the State where the incident toook placer There are several agencies and programs that are available to help families that are at rick for child abuse. For more information see, Idaho Toddler Dies as a Result of Physical Abuse According to Medical Examiner.]

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other States, there are day care laws and regulations that day care centers must follow. Each State has its own regulations. Some States put in strict regulations while other States put in minimal regulations. Some child safety advocates and experts believe that Idaho's day care regulations are minimal in nature and need to be changed. In particular, Idaho day care centers will 6 or free children enrolled in the day care program are not required to obtain a license. For larger day care centers in Idaho, licenses are required to be renewed every 2 years. According to a day care center study State by State, Idaho ranked 52nd in the nation (included Puerto Rico and Guam standards as well). See Idaho Day Care Standards - Where Do They Rank?

Day Care Centers in Idaho and other States have a duty to provide a safe educational environment to children under their care. Whether the regulations are strict or lax, the day care center in every State has a duty to refrain from being negligent or careless in the provision of supervision and care to the children. Unfortunately, children are injured in day care centers when there is a lack of ongoing and consistent supervision or when the facility or grounds are not maintained for the safety and well being of the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Nampa, Idaho man, 84, pled guilty to felony child molestation of a minor. Gilbert Tobis, husband to a Nampa day care operator in Canyon County, Idaho confessed to touching three girls in a sexual way. This guilty plea was made in exchange for dropping two other counts of lewd conduct with a minor. The maximum penalty for this crime is life in prison.

All child care workers should receive a criminal background check. This should include not only a state search but on that includes all 50 states. This may not be mandated by all state agencies, but it is your right as a parent to ask about criminal background checks.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center. Check with your state regulating agency. In the State of Idaho the regulating agency is the Department of Health & Welfare Bureau of Family & Community Services. For more information on this topic see, Idaho Man Admits to Charge that he Sexually Molested Girl at Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Coeur d'Alene, Idaho, a 5 year old boy died when a SUV went into an Idaho lake His one year old brother also suffered serious personal injuries as a result of this Idaho automobile accident. The driver - Sarah Deshazer - was attemping to turn the SUV around when the vehicle went off the road and plunged into the lake's murky waters. Fire Rescue and Firefighters responded to the scene and soon began CPR on the 5 year old boy. The child was later pronounced dead at a local hospital.

Tragically, automobile accidents continue to be a leading cause of death for children and adults alike. Some deaths are unexpected and unavoidable while others may be prevented with safer driving and by obeying local and State traffic ordinances and laws.

Children should be seat belted and placed in a child safety seat consistent the child's age and size. The death of this child was certainly a tremendous loss for the child's family, neighborhood, and community. You can read more about this story at Death of Child Results from SUV Plunge into Idaho Lake.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 3 year old from Post Falls, Idaho suffered critical injuries while under the care of a babysitter. Police investigators believe that the injuries were caused when a babysitter shoved the child.

When police arrived at the home of the child (Cohen Johnson), he was breathing on his own by he was otherwise nonresponsive. The boy was taken to Kootenai Medical Center and then transported to Sacred Heart Medical Center where his injuries were more fully diagnosed by medical providers. Because of the severity of the injuries, emergency surgeries were performed on the child. Police officials later interviewed the babysitter who admitted that she became very frustrated by the child and shoved him to the ground. You can read more about this story at Post Falls Idaho Babysitter Admits to Shoving Child - Critical Injuries Diagnosed at Hospital.

Patience and good common sense are vital when caring for small children. When a child has a toileting accident or other issue, pause a moment, remain calm, and then address the situation. Shoving, pushing, hitting, or shaking a small child is never the appropriate response to these situations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend's child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

Child abuse is a heinous offense. People who abuse children fail to realize the physical and emotional injuries inflicted upon the child at the time of the abuse and years thereafter. If you suspect an incident of child abuse contact local law enforcement authorities as soon as possible so a criminal investigation can be started; the best place for offenders is behind bars.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other States, driveways can be a very dangerous place for children. Driveway incidents or accidents causing injuries to children are so dangerous that there is a designation or name for these type of accidents. These accidents are frequently referred to as backover or frontover accidents or injuries. Safe Kids is a non profit organization with offices and affiliates all over the United States. Safe Kids and other child advocacy and safety groups urge parents and drivers to take a few moments to when entering or exiting a driveway to look out for children and to make sure that all children are cleared away from the driveway area. A good article was recently posted at the Idaho Statesman about the problem and dangers of backover and frontover driveway accidents. Read the article, pay attention, and watch out for children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Boise, Idaho, children were removed by the Sheriff's office after a search warrant revealed dirty / squalid conditions at the home. The parents (Stacey Marie Cox and Michael Cox) were living in the home with four children ranging from the age of 3 to the age of 8. Adults generally have the right to live as they please as long as the health, safety, and welfare of others including children are not affected. In this home, detectives found what was reported as "deplorable" conditions.

While economics and employment may play a role in the presentation and cleanliness of a home, being poor is not excuse for caring for children in this environment. Throw away the garbage, remove spoiled food, and focus your attention on your children.

A spokesperson for the Ada County Sheriff's Department reported that the children, in addition to living in these horrible conditions, also were the victims of physical and sexual abuse. You can read more about this story at Parents Arrested in Boise, Idaho - Home Deplorable - Children Removed.
suffered severe physical and sexual abuse, and additional charges are pending.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other states, parents entrust the safety and welfare of their children. It is the duty of a babysitter to act in the best interests of the child and make sure that the child is kept safe under the babysitter's supervision and guidance. In Post Falls, Idaho, a 28 year old woman (Summer Nelson) is charged with the crime of having sex with a 14 year old child under her care. It was reported that the woman molested the child on at least 4 occasions and expressed her love for the child to others.

Summer Nelson was a friend of the boy's mother. If the criminal allegations are true, Ms. Nelson abused her position of trust and took advantage of this child. The crime truly is no different had a 28 year old man molested a 14 year old girl. You can read more about this story at Idaho Babysitter Charged with Crime of Having Sex with 14 Year Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Meridian, Idaho, a toddler (Auston Banks) survived a potentially deadly incident that took place while he was playing in an apartment playground. Auston was walking with a pencil in his hand when he walked by some swings. Auston walked in front of a girl on a swing and her foot hit the end of the pencil which, in turn, went through Auston's mouth and out the back of his neck. Auston was rushed to a local hospital where doctors removed the pencil. Doctors reported that the pencil came very close to a critical artery. Auston survived this incident. It was quite a terrifying day for Auston and his family.

As you can see from this story, common household and every day objects can turn out to be very harmful to toddlers and small children. You can read more about this story at Toddler Survives Freak Incident Accident with Pencil on Playground in Idaho.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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