Child Injury Lawyer Blog

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota, it is estimated that there are 150,000 unlicensed day care centers throughout the State. Yes, that is correct one hundred fifty thousand unlicensed day care centers. Most of these "day care centers" care for a friend, neighbor or relative in their own home or the child's home. If the day care center is registered, then the day care center can qualify for funds through the state's child care assistance program. The laws and regulations pertaining to these Minnesota day care centers have changed recently to require first aid training and CPR training in addition to background checks. Some basic training of child care providers can help save a life or prevent serious personal injuries from taking place in a day care center. See Day Care Center Regulations for "Unlicensed Minnesota Day Care Centers".

Unfortunately, children are often injured in a day care center. Some are injured in small unlicensed day care centers while other children are injured in larger licensed day care centers. When a child suffers a personal injury in a day care center, many questions or issues arise for the parent doing his or her best to get the child cared for and handle other work and home responsibilities. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child -What Every Parent Should Know - has helpful information for parents on topics including Day Care Center Injuries, School Injuries, Medical Treatment / Medica Bills, and Damages / Compensation.

By Rob Shainess, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

In Minnesota, the Department of Children and Families recently introduced a rating system that parents can view and use to consider their respective day care options. It is important for a working parent to have peace of mind during the day time that the child is enrolled in a Minnesota day care center. Safety, supervision, and a clean day care environment are among the top priorities for most parents. Price and value are also considerations but should be secondary to safety and supervision. Minnesota ratings and fundings by the State of Minnesota are tied together. Child care and day care providers are rated on a one to five star rating system.

Quality day care centers that follow rules and regulations should obtain the highest rating. Those that cut corners and put profits over safety and regulation compliance will not. The overall goal of the rating system is to get information to parents and to encourage Minnesota day care centers to provide quality, affordable, and reasonable care and supervision to children enrolled in the day care center.

For more information, see State of Minnesota debuts YoungStar Rating System for child care and day care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many cases of maltreatment were found in Minnesota day care centers after an investigation by the Minnesota Department of Human Services. For example, one child was killed after choking on a grape, another child was burned by hot foot and two more children had tumbled off changing tables. The state investigation occurred in the second half of 2010, after the department received 229 complaints against child care centers within that time period. Below are a list of substantiated maltreatment findings issued:
1. Golden Heart Child Care Center, North Mankato - A 4-year-old child died after choking on a grape. The child care center was find $1,000 and its license was placed on conditional status; it must revise its emergency protocol and train staff.
2. Central Child Care, St. Paul - After waking up from a nap, a 2 1/2-year-old child wandered off from the center and was eventually found by a passerby. The facility was fined $1,000.
3. Y Wee Care, Virginia - A preschooler left the facility and traveled about 300 yards through a college campus to the child's parent's office. The parents were not working that day and were contacted by a co-worker.

For more instances read Maltreatment findings at Minnesota day care centers.

By Rob Shainess, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

Minnesota law now requires day care workers take a CPR course before working with children. The new law is called “Hannah’s Law”. Hannah’s law requires that all Minnesota day care center personnel, including teachers, assistants and staff who transport children, be CPR certified. The law came about as a result Hannah Kozitza’s death last summer, a four-year-old who suddenly choked on a grape at a day care center in North Mankato, Minnesota.

Under Minnesota’s previous laws, only one person in a day care was required to be trained in CPR. Charlie Brown day care center, located in Mason City, requires all of their employees to be CPR certified, regardless of how much they work. Kim Tabbert, the Assistant Director of the day care said, “We just want to make sure all our kids are safe. It's a comfort to the parents; it's a comfort to the staff to know that the people you are working with are trained in this."

According to the American Heart Association, almost 92 percent of cardiac arrest victims die before reaching a hospital. But statistics also prove that if more people knew CPR, more lives could be saved. Immediate CPR can double or even triple a victim’s chance of survival. For more information on this story, see childcare and CPR.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota Day Care Centers - What Laws Apply to Outdoor (Playground) Play Space? Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0425 as to Physical Environment including Outdoor Play Space. Pursuant to Subparagraph 2. Outdoor Play Space, there must be at least 50 square feet per child in attendance of play space at the day care center or adjacent to the day care center in the form of a park or other play space available for the regular use of the children. On-site supervision is required by the Minnesota child care providers for children who are younger than school age when the play area is not adjacent to the residence. Depending on the traffic, water, and / or other hazards in or near the outdoor play space, an enclosure in the form of a fence or other barrier may be required. For safety reasons, the area must be free of litter, toxic items, water hazards, machinery, and other items that may cause potential harm or risks to the children in the outdoor play space.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Shoreview, Minnesota, a horrific incident took place at a chiropractor's office. A mother, Amy Elizabeth Newton, from Moundsview, Minnesota, was strapped to a table for treatment at the chiropractor's office. She was in the room with her 18 mother old child. While the mother was strapped or restrained, the 18 month old boy crawled under the chiropractor table and then unknowingly hit a button the brought the chiropractor table down on him and crushed him. All the mother was able to do was scream in horror to try to summon staff for help. While CPR was administered, the personal injuries suffered by the child including head trauma ended the life of this young boy.

The local Sheriff, Matt Bostrom, reported that criminal charges were not likely based on the facts as known at the time of the report.

While the chiropractor's office is not a day care center or a school, the facility should be maintained in a reasonable safe condition and manner. If children are allowed in the office and are known to visit the office, precautions should be taken to protect the children from dangerous areas and anything that may be deemed an attractive nuisance. In this instance, the mother was unable to supervise her child while strapped on the table. The mother was not able to properly supervise her children. As such, the staff should have made precautions during this time period for the supervision and safety of the child. Otherwise, care should have been provided to the mother under different circumstances or rescheduled altogether.

The staff's knowledge and experience with the chiropractor table and equipment were far superior to that of the mother and her child.

What started off as a simple day of treatment at a chiropractor's office ended tragically in the death of a child. It appears that the death of this child could have been avoided with better supervision and safety measures in place. When there are children around, any place including a chiropractor's office can be a dangerous place for a child. See Toddler Crushed at Minnesota Chiropractor's Office.

The death of a child presents lifelong challenges for the surviving parents and family members. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - is a basically guide for parents dealing with a child injury or death of a child. Of course, no book or person will have all the answers but the information in the book including chapters on Medical Bills / Treatment, Damages / Compensation, Day Care Injuries, School Injuries, and other topics can provide a parent with a basic roadmap to help them deal with a child injury or the wrongful death of a child. A free book can be obtained at Free Child Injury Book for Parents. The book is also available at the Apple iBookstore, Amazon, and Barnes & Noble.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0355 as the code pertains to Supervision, Behavior Guidance, and Corporal Punishment. A simple but important question is as follows:

Is Corporal Punishment allowed in Minnesota Day Care Centers / Child Care Centers?

The simple but important answer is NO. Pursuant to Rule 95.02.0395 of the Minnesota Administrative Code, "no child shall be subject to corporal punishment or emotional abuse. Under Minnesota law, corporal punishment means the non-accidental infliction of physical pain on a child by a caregiver. Corporal Punishment includes rough handling, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, shoving, and spanking. Emotional abuse means the infliction of verbal or psychological abuse. Emotional abuse also includes name calling, ostracism, shaming, derogatory remarks regarding the child or the child's family, threats, and humiliation of the child.

In Minnesota day care centers, caregivers can provide behavior guidance but not in the form of corporal punishment or emotional abuse. Behavior guidance should be given to educate the child and encourage positive self concept, self control, and the teaching of acceptable behavior.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and adherence to rules and regulations can help prevent many personal injuries to children in Minnesota day care centers. Any corporal punishment suspected in a day care center should be reported to the police and / or licensing agency for Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Supervision in Minnesota day care centers is key to the safety and welfare of children. Licensed day care centers are governed by the Minnesota Administration Code Rule 9502.0367 as it relates to Child / Adult Ratios - Age Distribution Restrictions. The regulations set forth the child to staff ratios which are dependent on the number of children and the age of the children. It is vital that day care centers follow these regulations to ensure the appropriate amount of staff to supervise the children. Schedules of staff members should be maintained by the facility and followed to make sure there are no gaps in supervision or times of the day that the children are put at risks with inadequate supervision.

Compliance with Minnesota laws and regulations is vital to the safety and well being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the play ground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0415 as to Activities and Equipment. Pursuant to Subpart 1 and Subpart 3 of this Rule, day care centers must provide for the physical, intellectual, emotional, and social development of the child. These activities must meet the following requirements:

a. be scheduled indoors and outdoors, weather permitting;
b. be appropriate to the developmental stage and age of the child;
c. include active and quiet activity; and
d. contain provider-directed and child-initiated activity.

The day care provider must have appropriate equipment according to activity and age group. The equipment may be new, used, commercial, or even homemade as long it is age appropriate, safe, and in good repair.

Compliance with Minnesota laws and regulations is vital to the safety and well-being of each child in a MInnesota day care center. It is clear that consistent supervision of the children and diligent maintenance of the playground area and equipment can help prevent many personal injuries to children in Minnesota day care centers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Minnesota Administrative Rules - Chapter 9502 - Licensing of Day Care Facilities - governs the licensing and the regulation of child care centers / day care centers in the State of Minnesota. It is important that child care / day care facilities follow these rules and regulations for the safety and welfare of the children under their care. When visiting a day care center, it is helpful for parents to have a general understanding of these regulations to determine if the facility / owner / and employees are following the appropriate rules, regulations, and standards.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chaska, Minnesota, police recently found a loaded handgun near a child care center in early April 2011. The gun's serial number was traced back to a Shakopee man, who told police he thought the gun was stolen from his truck back in December 2010. However, the gun was never reported stolen and police were skeptical of his story. Captain Jon Kehrberg of the Chaska Police Department says the circumstances most likely suggest the gun fell out of the man's truck and was ultimately pushed into a snow bank. The gun was discovered on April 5 by a man, David Granlund, who was walking his dog near the day care center. Granlund noticed something shiny in the grass. At first impression, Granlund thought the object was child's handgun. However, after he picked up the gun and noticed it was loaded with hollow point bullets he immediately put the gun back down and called police. The man who owned the gun did not tell police why he had a loaded gun in his truck. No charges have been pressed against the gun's owner. Kehrberg advised that if anyone comes across a weapon in public, they should avoid touching the weapon and immediately call police. Ultimately, it was very fortunate the gun did not fall into the wrong hands. For more read Gun found near Chaska, Minnesota day care center.

By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In St. Paul, Minnesota, Arahon Atlas was severely bitten by a dog that outweighed the 8 year old boy by over 30 pounds. As a result of the dog bite attack, Arahon received medical treatment and needed over 50 stitches for the injuries. Arahon was on his way to go swimming with a friend when the dog bite attack took place. St. Paul Minnesota animal control quarantined the dog and officials will make a determination of the dog qualifies as a dangerous or a potentially dangerous dog. The family of the boy expects that the boy will recover from the dog bite related injuries. See Eight Year Old Suvives Dog Attack.

Dogs can be unpredictable and, at times, attack children for no apparent reason or known cause. It is important for dog owners to maintain control of their dogs. Appropriate fencing and signs are important. Furthermore, the use of a dog leash can prevent many attacks from taking place.

Minnesota is a Strict Liability State for dog bite injuries. In other words, the dog bite victim does not need to prove that there was a prior history of violence or that the owner knew or should have known that the dog was dangerous. The dog bite victim will need to show that the dog bit without provocation and that the dog bite victim was an invitee or otherwise lawfully present where the incident took place. See Section 347.22, Damages, Dog Owner Liability - Minnesota Statutes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

If passed, a new Minnesota bill would require stricter CPR training requirements for the state's child care centers. The bill would require training for all teachers and assistant in child care centers. The current law in Minnesota only requires one person trained in CPR to be present at the center. The bill was introduced by two Minnesota lawmakers after the tragic death of a 4-year-old girls in North Mankato. Hannah Kozitza died in June 2010 after choking on a grape at her day care facility. For more see New Minnesota bill could require stricter CPR requirements for workers in the state's child care centers. By requiring more child care employees to be trained in CPR, more staff members will be available to aid the children in case of an emergency. The more safety at child care centers can be increased, the better our children will be cared for.

Other state Legislatures have increased the safety at child care centers by imposing stricter screening and background check procedures for employees and installing new technology in the centers that allow parents to watch their children while at the facility.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Minnesota mother is demanding answers after her sun ran out of 2 day care centers, two days in a row. The incidents occurred on November 4 and 5, 2010. Two-year-old Ryker Hacker walked right out the front doors two separate Southern Minnesota day care centers. Jackie Downing, Ryker's mother, said she was referred to day care provider Rosemary Marquette from her neighbor. On Ryker's first day, Marquette said she briefly turned her back to help another child when Ryker suddenly went wandered off. Marquette said she did what any other parent or adult would do and started searching form him on her own. However, police say they did not receiving a call from Marquette reporting the child missing. In fact, police received calls from concerned citizens after they saw Ryker in the middle of a busy street, 45 minutes after the child went missing. After much persistence, Downing successful in charging Marquette with a criminal misdemeanor charge of child neglect. The second incident occurred the very next day at Caring Arms day care facility in Nicollet, Minnesota. Sonja Shay, director at Caring Arms, says the center called police and found Ryker walking towards his home a short time after he went missing. To read more on this story please see Two-year-old boy wanders out of 2 different day care centers, 2 days in a row.

Supervision is key when caring for children. Children are curious and will wander off the moment they get the chance to do so. A key way to prevent children from harm is to maintain constant, tireless, incessant supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

After a little girl died this past summer, the CPR training procedures in Minnesota are being called into question. After Hannah Kozitza, 4, died from choking on a grape in her North Mankato day care center, Minnesota's CPR procedures started to be investigated. Child advocates criticize the state's procedures go far enough to save a child's life. Hannah's day care center was fined for not following proper CPR procedure when a day care employee called Hannah's parents before calling 9-1-1. Surprisingly, under Minnesota law, the center's employees that attempted to help Hannah were not required to be trained in CPR. All that Minnesota law requires is that one person in a child care center must be trained, regardless of the number of children the center cares for. If you would like to read more on this topic please see Child safety advocates criticize Minnesota CPR training procedures in day care centers.

Although Minnesota does not require all day care workers to be CPR certified, some states, such as Wisconsin, do require to be trained in CPR. Even if a particular state or day care center does not require day care employees to be trained in CPR, employees should take it upon themselves to be trained in CPR. Those who work with children and have children under their care have a duty to ensure the children's safety and well-being. The more day care employees who are trained in CPR, the better the employees will be able to asses and handle choking situations, and, thus, your children will be in a safer environment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Mankato, Minnesota, the State of Minnesota Department of Human Services recently fined a day care center for failing to follow procedure in contacting 911 regarding the incident. While the State did not find that the day care center were negligent as to the incident itself, the State of Minnesota did fine the facility as to the timeliness of the reporting of the incident to 911.

This case shows that children are at risk for choking at a day care center. Grapes commonly cause choking problems for young children. This is or should be well known to all child care providers.

Golden Heart Child Care Center is located in North Mankato, Minnesota. The protocols for Golden Heart called for items such as grapes and hot dogs to be cut up for infants and toddlers up to the age of 3 years old. Hannah Kozitza was 4 years old at the time of the incident. While the facility policies and procedures did not require that the grape be cut up, there may be an issue or question as whether it was appropriate to feed a 4 year old a whole grape. The news report also did not mention one way or the other if the parents were made away (prior to the incident) that the child was being fed grapes at the day care center. The news report also did not mention whether the facility provided the child the grapes or if the grapes were sent in by parents.

Whole grapes are a known choking hazard for children. It is in the best interests of children to cut up grapes and hot dogs for children in pre-school or day care for children of all ages. You can read more about this story at Day Care Center Fined - 4 Year Old Choked at North Mankato, Minnesota Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Staffers at the Hennepin County Medical Center are concerned with the high rate of children falling through windows this summer. In this year alone, HCMC has treat 14 different pediatric patients after they have fallen from windows. These patients ranged from 17-months-old to 7-years-old. This number is double from 2009, where HCMC treated 7 pediatric patients who suffered injuries from window falls.

Minnesota has issued a new law that affects the construction of windows in new homes and buildings. However, this new law will do little for existing homes and buildings. If you would like to read more on this story see Windows present dangers for children.

Below are some Window Prevention Tips:
1. Use window guards or window stops.
2. Install window guards to prevent children from falling out of windows. (If you live on the 6th floor or lower, install a window guard that can be easily opened by both adults and children)
3. Install window stops to prevent windows from opening more than 4 inches.
4. Never depend on window screens to prevent your child from falling out of a window.
5. Whenever possible, open windows from the top - not the bottom.
6. Keep furniture (and other "launching pads") away from widows to keep children from crawling and climbing around windows.
7. Some jurisdictions require landlords to install guards. Check the laws in your local jurisdiction.

If you would like to read more articles about children falling from windows see Marysville, Washington Boy Suffers Injuries Falling From Window.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.

In Minneapolis, Minnesota, it was reported that a 6 year old child was whipped by his mothers boyfriend with an extension cord over and over and over again. The man and the mother have been charged with the crime. This all stemmed from the boy allegedly having bad behavior at school. It was reported that the boy had virtually no skin remaining on his back because of this brutal attack. You can read more about this story at Minneapolis police: 6-year-old boy was flogged by mother's boyfriend.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Minnesota boy suffered the loss / amputation of his right right testicle after being injured in a playground game called “Sack Tapping.” Sack Tapping, where a unsuspecting male is punched in the groin area, is becoming increasingly popular in all schools: elementary, junior high and high school.

Although this incident may sound rare, a Minnesota doctor reported he performed three to four surgeries a year because of complications arising groin punching. The doctor also claimed to see a dozen more less severe injuries resulting from the game as well.

Although it is common for children of all ages to tease one another and engage in horseplay, inflicting harm onto another child is never appropriate. The physical and emotional injuries a young male sustains due to what may be a joke or a prank can has serious and life long consequences and injuries. An injured / ruptured testicle results in excruciating physical pain. There is also an extreme amount of emotional / psychological pain that results from such injuries. A boy often times worries about his future manhood and his ability to be a father in the future.

There are a host of legal issues that arise when a child suffers injuries while under the supervision of a day care center, school, neighbor, friend, or other facility including the following:

What supervision was in place at the time of the incident?

Had similar incidents happened in the past?

What actions were taken to prevent the incident from taking place?

What did the adult supervision know about the incident? Prior incident?

Is the school, day care center, summer camp, or other business liable for the injuries?

Who will be responsible for the medical bills?

Is there liability insurance, business insurance, and / or homeowner's insurance that would cover the medical bills, pain and suffering, and other related damages?

Parents as well as school officials have a duty to protect their children. A child injury lawyer can be contacted to discuss the legal rights of a child when there are personal injuries resulting from negligence, lack of supervision, abuse / neglect, and other causes.

You can read more about “Sack Tapping?" at Dangers and Injuries Associated with Sack Tapping.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Duluth, Minnesota City Council recently passed an ordinance by a unanimous vote as to restrictions as to where Level 3 Predatory (Sexual) Offenders can live within the city. The new city ordinance would prohibit these sexual offenders from residing within 2,000 feet of an school, playground or day care center. Ordinances like these make it more difficult for sexual offenders who have been released back into society to find affordable housing. The mission or goal of such ordinances is to protect the safety of children from those who have a history or propensity to victimize children. Of course, not all sexual offenders repeat their crimes. Furthermore, not all sexual offenders victimize children; however, if the ordinances protect children - they make sense. There would be challenges to such ordinances. Passing new laws is not always easy or popular. Keeping children safe with new laws or other actions simply makes sense. See Duluth City Council passes ordinance limiting where sex offenders can live