Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Hanover man, Raymond Messinger, 46, was arrested on allegations that he sexually molested 3 children. The children, an eight-year-old girl and two seven-year-old girls, were enrolled at Bretzman Daycare Center, where Messinger was a volunteer and the alleged abuse took place. On May 28, police received information from Adams County Children and Youth Services and immediately started an investigation. Messinger was removed from the daycare facility the following business day. A separate and independent investigation is being conducted on the daycare by the state Department of Public Welfare.

The police are also looking into whether or not the owner of the facility properly notified parents of the suspected abuse. Messinger has rented an apartment from the owner and had also cleared the required background screenings. The owner's residence, which served has the site for the daycare, was properly licensed with the state.

During an interview with investigators, Messinger admitted to the allegations of abuse. He faces up to 126 years in prison if convicted on all charges. If you would like to read more on this story see Daycare volunteer arrested on allegations that he sexually abused 3 children enrolled in the daycare.

Sexual abuse inflicted upon minors may result in a lifetime of physical and emotional trauma. If you suspect any type of abuse you should contact your local law enforcement authorities. Contacting local authorities will prompt a criminal investigation into the matter and have the effect of stopping the abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

"Sexting," a relatively new social phenomenon, has left eight Pennsylvania high school students with a felony pornography charge. The age of the Pennsylvania students ranged from ages 13-17. The students were accused of using their cell phones to take, send, or receive nude photos of each other, and, in one case a video of oral sex. Charles Chenot, Perry County District Attorney, stated the requisite acts under Pennsylvania law to be considered a crime is to take a photograph of yourself or someone else and send that photo to a third party. Chenot said he considers sexting a form of child pornography with lifetime consequences, especially if that photo ends up on the Internet.

Chenot said it was the only charge that fit the crime, although he agree a less severe charge that still got the attention of the teens would be adequate. Former U.S. Rep. Don Baily, who represents one of the minors, states a felony pornography charge "is an over-zealous and an inappropriate application of the criminal law."

Unfortunately this incident is an example of when technology surpasses the law. A Pennsylvania bill, which would limit the punishment for sexting, is up for a full floor this month. Many Pennsylvania lawmakers believe reform is needed in order to find an appropriate punishment for the crime.

This case will likely result in a plea deal or trial. Each of the accused are entitled to a criminal law attorney or public defender for representation on and through these criminal proceedings.

To read more about the Pennsylvania sexting incident see Teens Face Felony Pornography Charges as a Result of Sexting.

Special Report: Discipline vs. Child Abuse
Reported by: Ben Russell
Email: benrussell@cbs21.com
Last Update: 5:56 am

Print Story | ShareThis

Video 1 of 1All Video
Special Report: Discipline vs. Child Abuse

Being a parent sometimes requires a measure of tough love. But even according to some of the leading law enforcement minds in the state, the line between discipline and abuse is sometimes unclear - specifically when it comes to spanking.

Mimi Duncan, of Harrisburg, loves being a mother.

"Just taking it day by day," Duncan said of her son three-year-old son Dymere. "Everything is new to me."

Duncan said she has never spanked Dymere, but if he does need correction, she lets him know.

"He does get maybe a tap here and there, and there are time outs and stuff like that," Duncan said. "Nothing hardcore though, like beatings or anything like that."

There are many methods of correcting a child by spanking - with a hand, a belt, an extension cord, a wooden spoon, etc. And depending on how they're applied, and the damage inflicted, all of those methods are legal.

Recent studies, including one from Tulane University released last month, show that spanking children around age 3 can make them more aggressive by 5; that parents are essentially teaching kids it's okay to hit.

"Usually we have children not learning good things from spanking," said Harrisburg-area child psychologist Melinda Eash.

Eash said strategies like "time out" are much more effective at stopping unwanted behavior.

Eash's recommendation is that parents who do spank can best avoid harming their children, and an abuse investigation, by getting their own emotions in check.

"In the case of spanking, when parents are hitting their kids out of anger then we start running the risk of crossing the line," Eash said.

"That's, in theory, easier said than done," said Ed Marsico, Dauphin County's District Attorney, who also heads up the Pennsylvania District Attorney's Association. "As a parent, most of the disciplining I do is in anger."

Marsico reviewed Pennsylvania's law that addresses parental corporal punishment and confirmed that, legally speaking, parents are allowed to strike their children.

The law reads as follows:

Parents can use reasonable supervision and control when raising their children.23 Sec. 6302.[Ci.] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 Sec. 509.[Cr.]

But reality, Marsico said, is not so black and white. When discipline becomes child abuse is in the eye of the investigator.

"We've prosecuted parents for using two-by-fours to strike their child, for extreme beatings," Marsico said, giving an example of a clear cut case of abuse. "Ultimately it's a common sense approach that we have to take."

Then there are the methods of spanking. Believe it or not, if a parent chooses a belt/switch/ruler over their hand, there's a good chance they're in the clear. It is the damage they inflict that will make the ultimate difference.

For Mimi Duncan, and her son Dymere, that's not a concern.

"It's like maybe a hand tap," Duncan said of the physical discipline she has occasionally doled out to her boy. "And he can probably count on his hands the number of times he's actually had that."

A general rule of them, according to Marsico, is that any discipline resulting in a fracture, bleeding or severe bruising is certainly in the realm of abuse.

And to ensure that Mimi Duncan, or any other parent, never crosses the line from discipline to abuse, focus needs to be put on love. Are you trying to make the child listen, or teach right from wrong? Are you enforcing that you make their decisions, or that they need to make healthy ones?

There are instances, however, when people can be wrongly accused of child abuse. Harrisburg-area attorney Mark Scaringi told CBS 21 News that within the past year his law firm represented a stepfather who was charged with child abuse when he spanked his stepdaughter and left a bruise. Scaringi said the charges were ultimately dropped. And CBS 21 News confirmed with a local district attorney that just because a child develops a bruise, it does not mean that abuse took place.
Copyright 2010 Newport Television LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

http://www.whptv.com/news/local/story/Special-Report-Discipline-vs-Child-Abuse/Sh2o2ZaO8ky7vZMr4vhufA.cspx

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Spring City, Pennsylvania, a man brought his computer into a business to have some work done on the computer. When the computer tech was examining the computer, the tech found suspicious images on the computer that turned out to be 100 child pornography images. According to the story reported by ABC 6 Action News, the man admitted to the having the images on his computer that he received through a download. Of course, the man was arrested. He will be entitled to the services of a private criminal law attorney or the public defender; however, there appears to be a good bit of forensic evidence against him. (See Man Arrested for Having Child Pornography on his Computer.)

Child pornography is not a victim less crime since the children are subject to the photographs and often times illegal acts. Child pornography possession and downloading only contributes to an industry that abuses and neglects children.

SPRING CITY, Pa. - April 6, 2010 (WPVI) -- A man from Spring City, Chester County, has been arrested on charges of child pornography and his neighborhood is in shock.

Related Content

More: Send a Breaking News alert

More: Report a typo

More: Action News Desktop Alert

More: SLIDESHOW: Viewer photos
Scott Cooper seemed like the all American Dad and Husband, a man who worked hard to provide his family the nice home with the picket fence.

"I don't know. I never would have guessed or expected it. I find it hard to believe," said a neighbor.

But investigators say behind closed doors he had a dirty secret he liked to view child pornography.

"The defendant had taken his computer to have some repairs done and during the course of those repairs the shop owner discovered what looked like a suspicious image," explained Chester County Deputy District Attorney Beth Pitts.

The computer technician contacted police. The case was turned over to the Internet Crimes against Children Task Force. It allegedly found 100 images of child porn.

According to court records, Scott Cooper told detectives he knew the child porn was quote "taboo" and he called it a stupid risky hobby. He told them he would download bulk images, view them, then try and delete them.

"I am really really shocked and appalled because I think he does a great job taking care of his kids and I just find it really hard to believe," said a neighbor.

"A little scared, very scared," said Jill Ohler.

That was the reaction from neighbors. It's one often heard in cases like this an unnerving reminder that our neighbors aren't always who they seem to be.

Cooper will be arraigned on Thursday.

(Copyright ©2010 WPVI-TV/DT. All Rights Reserved.)

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, it is vital that day care center and child care workers provide ongoing and consistent supervision of children under their care. Even a few minutes or less of inattention, multi-tasking, or distraction can lead to disaster and tragedy in a day care center. In Pittsburgh / Garfield, Pennsylvania, a day care operator is being criminally charged with the death of a 10 month old child that was under the care of the day care center. While the child care provider was attending to another child, the 10 month old was injured by a 7 year old child. The operator of the day care center - both the owner of the day care center and the child care worker are being charged with endangering the welfare of a child. Prosecutors will argue that owner was neglectful in staffing and that the worker was neglectful in her supervision. Of course, these individuals will be entitled to the services of a criminal defense attorney or a public defender regarding these criminal charges. You can read more about this story at Day Care Center Owner and Caregiver Charged in Death of Child in Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, day care workers cannot withhold food or meals to children as a means of punishment or discipline. At the Middle Bucks Institute of Technology, two teachers were terminated from their day care positions at the day care center for withhold food or meals from a toddler. It was reported that the workers withheld the food because the toddler refused to clean up as instructed. The day care center reported this incident to the Pennsylvania Department of Welfare. It is important for day care and child care workers to follow the laws, procedures, and guidelines set forth by Pennsylvania law. The fact that there were no serious injuries that resulted from the conduct of the day care workers does not justify their actions. You can read more about this story at Pennsylvania Day Care Workers Dismissed from Their Positions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wilkinsburg, Pennsylvania, police reported that an 8 year old brought bags of heroin to school and passed out some of the heroin stamps to the children. Unfortunately, students bring dangerous items to school every day including drugs, alcohol, and weapons. Teachers and school staff should always be on the lookout for these dangerous items. Timely and consistent supervision can prevent many personal injuries and accidents from happening at school. You can read more about the incident that took place in Wilkinsburg, Pennsylvania at Police - 8 Year Old Child Brought Heroin Into Elementary School.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Manheim, Pennsylvania, a day care worker has been criminally charged with assault and endangering the welfare of a child regarding an incident that took place at the day care center - Small Freys Children Center. A 3 year old girl was placed in a time out. During the time out session, the child kept on turning her head. A day care center worker was not pleased with this conduct and "slammed" the girl's head against the wall. While placing a child in a brief time out period can be appropriate, slamming the girl's head against a wall is never appropriate. In fact, police in Pennsylvania have deemed this to be criminal conduct. The incident was witnessed by another day care worker.

When child abuse or neglect is witnessed or suspected at Pennsylvania day care center, the witness or person with knowledge of the abuse / neglect has a duty to report the incident to state officials. The child in this case was later treated at a hospital for a closed head injury.

The day care worker, Julie E. Iddings, age 26, will have the right to defend herself through the services of a Pennsylvania criminal attorney for such charges. The evidence against her will consist of the medical records, photographs of the injury, statements made by Ms. Iddings (if any), and the testimony of the witness to the incident. It was reported that Ms. Iddings received a one day suspension for the incident which seems to be minimal in light of the fact that criminal charges have been filed against her. You can read more about this incident at Pennsylvania Day Care Worker Charged with Assault for Slamming Child's Head Against the Wall.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diane M. McKinley, of Renovo, Pennsylvania, was driving her Honda Civic down Route 2005 with Mildred L. Barnhard of Lock Haven Pennsylvania in the passenger seat and a five year old child in the back seat. When Ms. McKinley stopped at the intersection of Route 2005 and Route 2022 in Covington, Pennsylvania to make a left hand turn, the car was struck from behind by an International tanker truck. The truck was driven by Barry K. Smith.

The Civic became entangled with the tanker from the force of the collision, and was pushed forward one hundred feet into the intersection. Luckily, no other vehicles were involved in the crash. All four people involved in the accident were wearing their seat belts at the time. Even so, Ms. Barnhard was pronounced dead on arrival at Soldiers and Sailors Hospital. Ms. McKinley and the child were also injured; the severity of their injuries is not known. The child was taken to the hospital by helicopter. The driver of the truck was not injured in the accident.

The state police department is reconstructing the accident in order to better understand how it happened, and to learn how future accidents at the intersection can be avoided.

Read more about the tanker truck accident that injured a child and killed a passenger at Tanker truck, car crash kills Pa. woman.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Blackhawk Area School District - Pennsylvania, a mother is upset over an incident that recently took place when her daughter was dropped off at the wrong bus stop without any supervision in the cold. Fortunately, the child did not suffer any serious personal injuries; however, the incident placed this child at risk where injuries or harm could have resulted. It appears that there was some kind of breakdown in communication or action on the part of the school, day care, and / or bus company that resulted in such a traumatic situation for this 7 year old girl and her family. While tragedy was avoided, this incident will be a good teaching point for the school, day care center, and bus company so that similar incidents are avoided in the future. You can read more about this story at Mother States that Daughter Was Dropped Off At Wrong Stop Without Any Supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Pennsylvania day care owner is facing a criminal trial for the death of a child under her care. Last summer, a 2 year old died from hyperthermia when he was left unsupervised and unattended in a hot car by Rimma Shvartsman. Ms. Shvartsman, through her criminal defense attorney, will present a defense involving a mental infirmity because she had found out just hours before the alleged criminal acts that her thyroid cancer had returned.

Ms. Shvartsman, like all other criminal defenses, are entitled to a jury by her peers and are entitled to put on a defense. Ultimately, a judge and jury will hear all of the facts on the case. Ms. Shrartsman faces a prison term of up to 7 years if she is convicted.

Child care providers and day care providers, who are reckless and grossly negligent in their care of a child, should be subject to criminal prosecution. Each case should be judged on its own facts. You can read more about the incident and charges of this Pennsylvania case at Pennsylvania Tot Dies in Hot Car - Criminal Responsibility.

In Pennsylvania and other States, parents do their best to anticipate dangers to their children. As such, a parent can take precautions and safety measures like holding a child hand when crossing the street or using safety restraints and special car seats in the car. However, it is difficult for a parent to anticipate certain incidents like a ceiling collapse. In Erie Pennsylvania, it was reported at the Fox News Website that a ceiling collapsed right over a baby's crib. Fire Rescue (911) was called about the incident. The baby was only two weeks old at the time of the incident. The child was transported to the hospital for treatment and evaluation. The ceiling probably was weakened by some kind of moisture damage. Fortunately, the child did not suffer any significant persona injuries as a result of this incident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Tiffany Williams’ autistic six-year-old son, Dante, did not return home from school one Wednesday afternoon, she called up the Carter and MacRae Elementary School, where Dante attended, to find out where he was. A bus driver, who was not the driver of Dante’s bus, brought the child home unharmed. That driver told Ms. Williams that Dante had been found, sound asleep, on the bus he was taking home from school that evening. Dante’s driver apparently failed to make the required check of the bus seats at the end of the route, and did not realize that he had not brought Dante home.

The Lancaster County, Pennsylvania school district has called this an “unfortunate incident” and has fired the negligent driver. The remaining drivers were given a refresher course on company bus driving protocol, emphasizing the check of the bus seats when dropping children off at school in the morning and at the end of the route in the evening.

While this story had a happy ending, leaving a child unattended in a vehicle can be fatal. In 2008, there were 42 reported deaths of children resulting from being left in cars and other vehicles. Heat stroke can kill a child in a matter of minutes on a hot day. Hopefully the extra training for the other bus drivers in this case will prevent this type of event from occurring again. Find out more about Dante and his ordeal at Autistic boy left on school bus; driver fired.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Upper Darby, Pennsylvania, three middle school children recently suffered injuries as a result of a woman who served to attempt avoid crashing into a traffic jam. The students attended Beverly Hills Middle School. Action News ABC reported that Jemel Brunswick and Tyler Lowery were injured in this automobile / pedestrian incident. The third boy, named Beyene, was reported by his father (Beyene Beyene) to be in a coma at a local hospital. The driver carelessly drove across three lanes of traffic, then hit the boys, and then kept on moving until hitting the third boy 15 yards away. According to police, the driver finally slammed into a parked car and then finally came to a stop. See ABC 6 Action News - Three Children Hit by Car in Upper Darby Pennsylvania School Zone.

Of course, the driver will have the right to defend herself on any charges or citations issued. In many instances, not all of the details are readily available at the time that a news story is published, posted or reported. From the facts reported, it does appear that the driver failed to maintain control of her vehicle and failed to drive at a safe speed in a school zone.

It is important for all drivers to slow down in school zones. School zones are especially busy in the morning and afternoon hours. On some days, there are early dismissals. As such, the dismissal time may vary according to both the school, age of the children, and day of the week.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Allentown, Pennsylvania and cities across the nation, there is a common danger to children: parked cars and traffic. When cars are parked on the side of a street, it may be difficult for a children to see oncoming traffic. In addition, drivers may not see children who walk between parked cars into a street. A 10 year old boy in Allentown, Pennsylvania was recently hit by a car as he walked between two parked cars. The boy was taken to and treated at Cedar Crest Hospital. He suffered a severe personal injury to his leg. Local police will conduct an investigation as to the cause and manner of the accident.

Incidents like this are valuable teaching tools for parents, caregivers, day care providers, and teachers to use when speaking to children about traffic and pedestrian safety. The incident can also serve as a teaching tool for drivers. Be careful out on the roads. You never know when a small child or adult for that matter will be crossing the street especially when parked cars line the roadway / street. You can view a video of the news report at the FOX News Philadelphia Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other states, teens and others have an affinity for their i Pods, i Phones, and other devices. While these devices are fun and can be great toys and tools, they are also dangerous devices in the hands of a driver. In Drexel Hill, Pennsylvania, a 20 year old driver (Rachel Jankins) was driving a car and took her eyes off the road in search of an i Pod. As a result of this distraction and inattention, she ran over two friends who were leaving the Delaware County Memorial Hospital (DELCO Hospital). One friend (Nicole Gallo) died at the scene of the crash. The other (Christine Bochanski) was later treated at Crozer-Chester Medical Center.

This tragedy shows the dangers of i Pods, other MP 3 players, and mobile phones while driving. You can read more about this story at Distracted Driver in PA Plows into Two Friends Leaving Hospital.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are transported every day on roads in New York, Pennsylvania, and other States. Two moms have a mission of getting the word out about C.H.A.D. (Children Have an IDentity) stickers which are "hot pink" stickers that can be placed on a baby seats, toddler seats, and even strollers for proper identification of children in case of an automobile accident or other medical problems by the driver or caregiver of the children in the vehicle. It is vital for children to be able to maintain their identity when transported to a hospital. The stickers also can contain vital information as to the child's health status, medical condition, medications, and allergy information. By providing telephone numbers on the C.H.A.D. sticker, another parent, caregiver, or contact person can be telephoned for more information and to let that person know the status and location of the child. You can read more about the C.H.A.D. stickers at Assisting Kid's Emergency Aid with Stickers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Penndel Pennsylvania day care center (Fairy Tales) was recently re-opened following the tragic death of a child who was left unattended in the owner's vehicle. The Pennsylvania Department of Public Welfare subsequently found record keeping violations and some potential safety violations. The day care center is being defended by an attorney (Mike Mustokoff) who denies that the day care center is unsafe or a danger to children.

According to news reports, the Pennsylvania Department of Public Welfare found the following violations:

*A child was left unattended and unsupervised in a vehicle;

*A written report was not sent by the center within 72 hours of the death of a child;

*Criminal background and child abuse history checks were not completed for two staff members of the day care center; and

*The child's file lacked the required parent consent form for transportation and other consent forms.

Attorney Mustokoff believes that the day care center has valid defenses to these allegations. You can read about these allegations and defenses at Fairy Tales Day Care Center Continues to Have Issues with the Department of Child Welfare - Attorney Defends Day Care Center.