Child Injury Lawyer Blog

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

When parents drop their kids off for day care in Vermont, how can they make sure they will be safe?

The State of Vermont is in responsible for the licensing and oversight of child care centers. There are seven inspectors statewide, and each year they conduct 1,200 visits and find roughly 890 violations. Last year 10 child care centers were shut due to violations.

Statistics prove that three out of 10 children require medical treatment as a result of an accident. In fact, more children die each year from injury related accidents than from any other cause. Most of these injuries can be prevented. Jeanette Fisher, a licensing field specialist, said parents should not be afraid to make a surprise visit to their child’s day care center. Parents should inspect their day care to make sure the following safety measures are met and maintained:

- telephone numbers for the police, fire department, hospital, ambulance and poison control center are posted by each telephone
- fire detectors are in working order
- stairwells are closed off with properly installed gates
- electrical outlets have plastic covers
- furniture and equipment are free of splinters, rusty nails and lead paint
- the first aid kit is within easy reach and is completely stocked
- proper supervision

Most Vermont child care centers are safety conscious and will welcome a parent's inspection. However, a center that does not allow a parent to inspect the premises for safety concerns or does not remedy any concerns after repeated requests by the parent to do so should be reported to the local licensing board. For more information, see
Inspecting day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Five people were arrested in a Vermont home that operated as day care center. Police seized cocaine and marijuana plants from the home operated day care. The day care center's operator, Kelly Vitagliano, was arrested. Vitagliano was ordered to appear in court to answer criminal charges of cocaine possession. The other four people involved with this incident face charges of drug possession and drug sale. Police affidavits detail a three month investigation that led to the seizure of the cocaine and marijuana plants. Vitagliano's day care license has been suspended. The day care center supervised at least four children.

The evidence and affidavits should be reviewed by each side in order to determine how the case will be prosecuted / defended. While there appears to be a good bit of physical evidence to support the charges, each of the Defendants will be entitled to a public defender or a criminal defense attorney as to these charges.

Day care centers should be a place of safety and good supervision for children. Drug dealing or drug use near, and especially in front of, children has dangerous consequences. Day care providers have a legal duty to children under their care to provide for the children's safety and welfare while enrolled in the child care center. Day care providers should take all reasonable efforts to do what is in the best interest of the child.

To read more about this incident see Cocaine and Marijuana Plants Found in Home Operated Day Care Center.

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

The Crittenden Unit for Special Investigations (Vermont) uncovered evidence of child abuse and neglect involving a 3 year old child. CUSI officials reported that Manny Francis inflicted serious physical abuse on the 3 year old. The abusive acts included strangulating and burning the child. The child was injured as a result of the incidents. While the injuries were not life threatening, the psychological injuries could last a lifetime.

The abuse of a child by such heinous acts are truly cowardice in nature. Hopefully, the criminal justice system will effectuate a punishment commensurate with the crimes committed against this child. You can read more about this story at Man Arrested for Abuse to Vermont Child - Strangulation and Burning of the Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Lake Champlain, Vermont ferry crashed into a dock and caused personal injuries to some of the passengers. Apparently, there were mechanical problems with the ferry that caused the engines to shut down. The Vermont State Police reported that some of the injuries were minor. Rescue squads were called the scene to assist with the situation.

It is important for ferry operators to make sure that the equipment and engines have regular, routine maintenance and inspection. Of course, some mechanical failures will result even with regular, routine maintenance. You can read more about this story at Vermont Ferry Crashes into Dock - Some Passengers Injured.