Child Injury Lawyer Blog

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to vehicle related safety practices under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-9.5).

When transporting children, day care centers in New Jersey have a duty to properly supervise children. In particular, these regulations mandate that children should never be left unattended on the day care bus, van or vehicle. Furthermore, children should be let on and off the vehicle only at the curbside of the location or street. For all children under the age of 6 years old, the school bus driver and / or aide has a duty to make sure that the child is discharged by a parent and duly authorized caregiver. There are a number of other regulations that can be reviewed in the New Jersey Administrative Code that should be reviewed by both day care providers and parents to make sure that there is compliance with the same.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

For years, the public has heard horror stories on how the Catholic Church in dioceses throughout the United States and abroad knew about sex abuse and molestation cases yet stood by or even helped thwart investigations regarding the same. An interesting article was recently posted at the Ashbury Park Press (New Jersey) Website titled Orthodox Moves to End Silence. The article details instances where children were sexual assaulted or abused yet little to no action was taken by community leaders to address or investigate the problem. Tight knit religious communities internalize many functions and incidents without involving outside authorities. Unfortunately, many sexual abuse and assault incidents including those in or around the Orthodox Jewish Communities may have been "swept under the rug" rather than properly investigated and prosecuted. The fact that a crime is committed by a religious person or in or near a religious community does not change the fact that a crime has been committed. This is a simple maxim apparently is more complicated when dealing the intricacies of religious culture and community.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to activities provided by or at the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.1).

Years ago, day care centers are merely a way in which a child could receive babysitting or supervision while a parent was at work. In more modern times, day care centers are now centers of learning and are required to provide children with planned educational activities. The day care center must develop and implement activities that are geared to the child's age and development level. These regulations apply to both indoor and outdoor activities at the day care center. The staff member responsible for supervising these activities is required to maintain a written outline to be maintained on file at the day care center of the various activities provided for the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is required of the day care center as to attendance and keeping track of the children?
Each day care center must develop and put in place a Bureau-approved method of tracking children as to location and safety at all times while under the supervision of the day care center. This includes but is not limited to the transfer of supervision of the children during arrival time and departure time.

What training is required as to the tracking of children?
The day care center is required to train all staff members as to the method utilized to track children. As such, if the approved method is a checklist, all staff members must be trained as to how to use and document the check list.

Is there a minimum number of staff members required to accompany children on a day care center field trip?
Yes, there is a minimum requirement of two staff members who must attend the field trip. In addition, the facility has a duty to comply with other staff / child ration requirements when on a field trip.

What is the purpose of these rules and regulations?
Like many other rules and regulations, the purpose of these regulations is to promote the proper supervision and safety of the children. A simple checklist that is completed correctly can help prevent and avoid children being left behind on field trips or left at the facility with no supervision.

There have been far too many incidents involving injury or death to children who have not been properly supervised or accounted for on field trips. The consistent compliance with these regulations is a vital part of the operation of a New Jersey day care center.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to staff / child ratios in day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is a staff / child ratio?
It is the minimum staffing required by the State of New Jersey to be in place for the number of children present at the day care center.

What is the purpose of the staff / child ratio?
The purpose is to make sure that the facility is adequately staffed and that there is a sufficient number of staff members to care for the needs of the children.

Does age play a role or factor in setting up the staff / child ratio?
Yes, the younger the child - the lower the ratio. In other words, a facility with 10 children under the age of 18 months will be required have more staff in place per the regulations than a facility with 10 children over the age of 18 months.

Does compliance with the staff / child ratio mean that my child will be kept safe?
Not necessarily. However, compliance with staff / child ratios and documentation for the same is a good indicator that the day care center is following regulations and putting a sufficient number of child care providers in place to meet the needs of the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to accident reports or incident reports when a child suffers or sustains an injury while attending the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6.). In particular, a day care center is required have a file of record with the following information:

*Name of the injured child;
*Date - time - location of the incident;
*Name of the Child Care Center;
*Address of the Child Care Center;
*Name of the Person Completing the Accident / Incident Report;
*Date that the Report was completed;
*Written description of the incident, type of injury, and witnesses;
*Written documentation regarding first aid provided; and
*Written documentation regarding treatment by a doctor or medical provider.

By requiring day care centers / child care centers to document injuries that take place at the day care center, parents and the Department of Human Resources have access to information about injury incidents that take place at the facility.

Parents should request a copy of the Incident / Accident Report. The regulations state that the parents are entitled to a written description of the incident by the end of the next operating day.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to injuries sustained by a child while under the care of the child care center / day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6. In particular, a day care center is required to take immediate steps to protect a child from further harm and to contact the parents verbally when certain injuries take place in a child care center. Injuries that must be reported to the parent include:

*injuries when the child is bitten and the skin is broken;

*head injuries;

*falls involving a height that is greater or taller than the height of the child;

*injuries that require doctor's visit, ER visit or other type of professional medical care.

It is not only the law but also in the best interest of the child to follow up with medical care regarding injuries. Furthermore, the parent should be contacted so that the parent can direct or guide the day care center as to the child's medical needs as well as to where the parent would like the child to get medical care.

Unfortunately, many injuries that take place in a day care center result from abuse, neglect, or the general failure to provide consistent supervision of the health and safety needs of the child. Day care centers and child care centers should take their best efforts to protect children so that serious personal injuries do not take place in the day care center. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to Discipline and Corporal Punishment under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.6 and 10:122-6.7. In particular, a child care center is prohibited from punishing or disciplining a child for the failure to eat or sleep. In addition, a child shall not be punished for soiling himself / herself. Discipline can be used in a "positive" manner and that is "consistent with the age and developmental needs of the child". Many child care providers and parents for that matter believe that corporal punishment in the form of spanking or hitting the child is the best and most effective way of teaching a child a lesson. Regardless of a parent's or child care worker's personal philosophy, the New Jersey Administrative Code prohibits child care staff workers from hitting, shaking or otherwise inflicting corporal punishment on a child enrolled in a licensed day care center. Furthermore, a child care worker cannot use abusive language or ridicule as a form a discipline or punishment either. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gambling is legal in Atlantic City but not for those under the age of 21 which includes teens and young children. Two Atlantic City casinos were fined a total $85,000 for allowing underage gambling. Bally's Atlantic City was caught with a 15 year old playing the Roulette Wheel. Caesars Atlantic City was also fined for having a 20 year old playing Blackjack. Some may argue that it is not a big deal to have a 15 to 20 year old play these games. However, child advocates would argue that gambling and casinos are not proper places for children. Many young people / children lack the maturity and responsibility that are necessary when engaging in potentially dangerous, harmful, and / or expensive activities like gambling, driving, and drinking alcohol. Any body who thinks that putting a bottle of alcohol into a 14 year old driver of a Corvette heading out to a casino may not be fit for any of these activities as well. You can read more about the casino fines at Atlantic City New Jersey Casinos Fined for Underage Gambling.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey and other States, reports of fatalities from H1N1, commonly referred to as the Swine Flu, continue. Just recently, a 17 year old boy from South Jersey died from complications related to H1N1. The death was reported at the Asbury Press (New Jersey) Website. The boy was a student at Rancocas Valley Regional High School in Mount Holly, New Jersey.

Health experts state that children, pregnant women, and others with a compromised immune system are most at risk for serious illness and death from H1N1. Some children and adults with H1N1 have mild, temporary symptoms that come and go in just a few days. While others especially children and pregnant women are suffering far greater effects and consequences form the Swine Flu. Medical care and knowledge are key to dealing with a person suspected of having H1N1. You can read about the history of H1N1 / Swine Flu / Influenza at the Wikipedia Website. Knowing more about H1N1 can help you, family members, friends, and the community.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In East Orange, New Jersey, a father stashed or stored a bag of cocaine in his son's clothing. The boy went to a day care center and thought that the cocaine was candy and gave it to three other children in the day care center. Since the boy was only four years old, there is certainly no wrong doing on the part of the boy who innocently believed that the cocaine was candy or food. Typically, day care centers do not search through a child's pocket or back pack upon entry to the day care center. While this is not required, it may be a good practice to follow with the consent of the parents who enroll their children at the day care center. Children often times bring other objects into school like coins, small toys, and other items. Small children are at risk for poisoning and choking incidents. As such, all possible and practical safety measures should be utilized by the day care center as well as parents who send their children to the day care center. The father, who stored the cocaine in his son's clothes, was not only negligent. He was also guilty of a crime for doing so. Of course, the father will be entitled to a defense on these charges. Regardless of the outcome of the criminal case, this incident shows the dangers of children bringing drugs, poisons, and other items into day care centers that can harm or cause the choking of children. You can read more about this story at Child Consumes Cocaine at New Jersey Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey and other States, children are put in danger every day from unanchored televisions and heavy furniture that are prone to tipping over. Every year, children sustain serious personal injuries and even death when a television or piece of furniture like a bookshelf or bookcase tips over onto a small child. These dangers have prompted New Jersey lawmakers to propose a bill that would require manufacturers to include documentation / information with the sale of televisions and furniture. The documentation / information would include safety tips and products that can be purchased to anchor down or secure the television or furniture item. Under this proposed law, consumers would be provided with the information when they buy or rent the item. The bill is called "Chloe and Samatha's Law". Chloe and Samantha are two of many children who were killed when a television tipped over on them in separate incidents. You can read more about this New Jersey proposed law at New Jersey Legislators Propose Bill to Protect Children From Falling or Tipping Televisions and Furniture.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Over this summer, there have been many reported deaths, injuries, and incidents involving children left in cars by parents, caregivers, and day care centers. The New Jersey Coalition of Automotive Retailers and the Department of Children and Families are partnering to promote a child safety awareness program of the dangers of leaving a child unattended in a vehicle. The theme of the program is "Not Even for a Minute". This is a great phrase to use and actually very practical advice. Be consistent and diligent with your children. Always supervise them and do not leave them alone in a vehicle. When unsupervised or unattended in a vehicle, a child can suffer injuries related to hyperthermia (extreme heat), hypothermia (extreme cold), strangulation (by seatbelts, power windows or other objects), choking (small objects including coins), and other injuries. You can read more about the New Jersey safety awareness program at New Jersey Automobile Retailer Group to Promote Child Safety Awareness.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Camden, New Jersey, a woman is facing criminal charges for filing or reporting a false claim of child abuse. Jamie Baker reported that another person had abused a child or children because Ms. Baker was upset at this person. Ms. Baker's act of revenge has gotten Ms. Baker in trouble. The Oneida County Child Advocacy Center confirmed that the Ms. Baker reported the acts of child abuse because Ms. Baker was upset with this person.

Child abuse and neglect are very serious matters. The Oneida County Child Advocacy Center, government agencies, and law enforcement should be devoting their skills and time to actual cases of child abuse rather than false ones.

You can read more about this story - Police - Woman Falsely Reported Child Abuse.

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bensalem, New Jersey police report that John Lackner, a 44 year old dentist, communicated with an uncover officer who posed as a 14 year old girl. Lackner's screen name was "Amorous Stallion" and according to police, he was up to no good. On March 24, 2009, Lackner arranged to meet with the "14 year old girl" for sex. The plan was to meet at a Bensalem, New Jersey video rental store and then have dinner followed by sex. Lackner planned the meeting and encounter very carefully from sending a video of himself to the "14 year old girl" to sending her money so she could buy a mobile phone. Once the undercover agent received the phone, conversations were recorded between the undercover agent and Lackner.

Lackner, who lives with his wife and two children, faces serious criminal charges that can result in the suspension of his dental license and a prison term.

You can read more about this story at New Jersey Dentist Arrested After Trying to Arrange Sex with an Undercover Agent Posing as a 14 Year Old Girl.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jersey City Hospital was the site of a tragedy recently. A baby died or was pronounced dead at the hospital. Thereafter, it appears that the baby was thrown out with the trash. New Jersey police then began an investigation to locate the remains by searching through the hospital trash and dumps where the body may have been taken. After a week or searching, the body / remains were never located.
Jersey City Police Chief Thomas Comey suspects that the body may have been incinerated or cremated.

In life and death, there is ceremony that is vitally important for family and religious reasons. A funeral, viewing, eulogy, celebration of life, and honoring of death are important to family members, friends, and community in grief over the death of a child. In Jersey City, New Jersey, these vital ceremonies, services, and prayers were all lost due to the negligence of the Jersey City Hospital and its staff. You can read about this story at Baby Lost / Thrown Out with Trash at Jersey City Hospital.

I have handled Tortious Interference with Body / Corpse Cases in the past. They are interesting, challenging, and, yes, tragic. While there are no physical injuries involved with such a case, the laws of many States including New Jersey recognize that the negligent mishandling of a corpse involves such serious and genunine emotional distress that a cause of action should be recognized. According to the Restatement of Torts (which is a generally body of tort laws and theories that many States have chosen to adopt or follow), a case for negligent mishandling of a corpse may be brought in a civil court since:
1. the negligent mishandling of a body involves a high probability that there will be genuine and serious emotional distress by the family;

2. a hospital, funeral home, government, or other entity responsible for the caretaking of the body can foresee that the loss or mishandling of the body would cause serious emotional distress by the family;

3. just because it is difficult to calculate or determine damages does not mean that the family should not have a cause of action to take to court; and

4. by disallowing such a cause of action would give immunity or free reign to those responsible for making sure that the body is properly handled.

Dealing with a death of a baby is hard enough for a family. When instances occur that a proper ceremony are impossible, the emotional harm is serious, real, and probably permanent in nature.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You never know who is working in our schools as teachers, administrators, or cafeteria workers. In New Jersey, an elementary school cafeteria worker and playground monitor resigned from her position after there was an uproar in the community about her prior career choices which included being a porn star. The cafeteria worker was formerly known as Crystal Guns, an adult entertainer who has been quite popular on the Internet. She was better known for her porn appearances rather than her serving up of meat loaf in the New Jersey School System. Some parents and concerned citizens raised issues about her working in the school system.

You can read more about this story at Ex Porn Star / Adult Film Star Quits Job as Cafeteria Worker in New Jersey School System.