Child Injury Lawyer Blog

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

La Petite Academy in Knoxville, Tennessee, has received the highest ranking possible from the State of Tennessee Department of Human Services: three stars. Nevertheless, when a mother recently picked her child up from the daycare, the child would not stop crying. When the mother confronted the daycare director the next day, she learned some distressing news.

According to the mother’s account, her daughter is being toilet trained, and soiled her pull-ups while in daycare. To shame her, one of the daycare workers made her wear a baby diaper and suck on a pacifier while another worker videotaped the child on her cell phone. Also according o the mother, the woman who videotaped the incident has been fired, but the woman who put her child in diapers has not.

The Tennessee Department of Human Services has cited the daycare for improper discipline, and is investigating the daycare. If the daycare is found to have violated state licensing rules, it could face an array of consequences, including civil penalties. The La Petite corporate office has declined to comment on the matter.

Find out more details about the toilet training incident at this Tennessee daycare at High-rated Knox daycare center cited for "improper discipline".

If your child has been abused or neglected by your daycare provider, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In December 2008, an electrical space heater caused a fire at the Heavenly Angels Daycare in Alamo, Tennessee. The fire injured three children: two two-year olds and a three-year old. The children were rescued from the fire by Alamo Assistant Chief Kevin Sugg, who was off duty at the time. All three were treated for smoke inhalation, and the three-year old also had burns on his face. The owner, Kathy T. Humphrey, was charged with child abuse and neglect of a child under the age of six.

At the time of the accident, Humphrey and two other women had already been cited by the Tennessee Department of Human Services for operating a childcare agency without a license. Humphrey pleaded guilty to the abuse and neglect charges and was placed on unsupervised probation. The standard two-year sentence was suspended.

Daycare centers should be a safe and loving place for children to go while their parents are at work. This case highlights how important it is for parents to thoroughly check into their daycare provider’s reputation, facilities, and license status. If a parent finds that a daycare center is operating without an appropriate license, they should report them to the proper authorities so that tragedies like this one can be avoided.

If you are interested in the details of the case, please visit Guilty plea in day care fire

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Philip Blake Putnam, 22, was charged with aggravated child abuse after his son was taken to the hospital with a broken arm. While the baby is still in the hospital and is showing signs of improvement, Putnam remains in jail. According the Lawrenceburg Police Chief, after arresting Putnam, he discovered that the man was wanted under several active arrest warrants for drug-related charges in another county.

It is sad to think that a father, no matter what his substance abuse problems, would lash out at an infant in this way. It is also sad to realize that if the police had been able to find Putnam and arrest him on the drug-related charges, his son might have been spared the physical abuse from his father. Parental abuse is devastating for young children, who suffer emotional, physical and psychological scars for the rest of their lives.

If Putnam is found guilty of aggravated child abuse, he could face up to 30 years in prison for the crime.

You can read more about this story at 4-month-old with broken arm improving.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nashville, Tennessee, a 17 year old girl could be tried as an adult for burning a 1 year old and a 3 year old with a hot curtain rod. While babysitting these children, the teen burned the children because they were crying. Crystal Neal and Henry House, Sr., the children's parents, left their children (Anthony and Henry House) at home with a babysitter and a friend. Apparently, there were no prior problems with the babysitter.

It is really mind boggling that a teen or any person for that matter would think that burning a child with a hot curtain iron was a good way to discipline or supervise small children. Maybe the babysitter was abused. Maybe she learned this tactic from someone else. Regardless, child should not be disciplined in this manner. This should never happen and the babysitter should be prosecuted for this crime. Yes, it is a crime even though the injuries have faded.

Parents should not have to tell babysitters, "Listen, while I am gone, do not burn or hit my child." This is just common sense; however, it appears that some babysitters do not get it and need basic instruction like, "if there are any problems call me, we do not hit or punish our children and you certainly should not while we are out."

It is a shame that small children are victimized by ignorant, immature, and untrained babysitters as well as day care workers, child care workers, and others. You can read more about this article at Nashville, Tennessee Babysitter Who Burned Children Could Be Tried as an Adult.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

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

In Tennessee and other states, swimming pools can pose a serious risks of serious injury and death to children who do not appreciate or understand the risks associated with swimming pools. Pools that do not have secure gates, barriers, and / or lifeguards pose a particularly high risk of danger. This is especially true when evaluating pools at apartment complexes, condominiums, resorts, hotels, motels, summer camps, and other areas.

In Knoxville, Tennessee, a three year boy was seriously injured when he fell into a pool at an apartment complex in Knoxville according to the Knoxville Police Department. Two cousins ages seven and three were playing with friends at the Zaina apartment complex on Hialeah Drive at the time of the incident.

While there was a nurse in the area who performed CPR, the child was still seriously injured and rushed to East Tennessee Children's Hospital.

Early news report did not release the name of the child or his condition upon arrival at the hospital. While the children did not reside at the apartment complex, the owners of the complex still had a duty to provide reasonable safety precautions as to the pool and other common areas as to visitors including children to the apartment complex. You can read more about this story at 3 Year Old Child Seriously Hurt After Falling into Apartment Complex Swimming Pool in Tennessee.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents in the West Carroll County School District in Tennessee got some disturbing news recently about a Melissa McCord, a 35 year old special education teacher. Apparently, Ms. McCord sent and received sexually explicit photos and notes to a 14 year old student who was dating allegedly dating McCord's daughter. In addition and even more problematic, Ms. McCord had sex with the boy. Ms. McCord admits that she went to a park with the boy but denies that she had sex with the boy. Like most cases of this nature, if Ms. McCord sent and received e mails and / or text messages with photos with the boy, this will be strong evidence should the case go to trial. Of course, all criminal defendants, including Ms. McCord, have a right to representation and trial. In addition, Ms. McCord is innocent until proven guilty under the criminal justice system; however, the allegations as reported in Tennessee do not look good for Ms. McCord. If convicted, Ms. McCord will face a prison sentence. You can read more about this story at Tennessee Student Arrested for Having Sex with Teen Student.