Child Injury Lawyer Blog

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

In Bedford County, Virginia and other cities / towns, children reply on school bus and public transportation. Many special needs children rely on school bus transportation to travel to and from school. Most bus drivers and aides are quite attentive to the children. Unfortunately, some drivers and aides are not prepared to work with children. Some school / transportation employees lack the training, patience, and / or common sense to work with children especially special needs children. In Bedford County Virginia, a lawsuit was filed seeking damages associated with the battery of a 12 year old autistic study by Bedford County School employees. The incident was captured on videotape. See Bedford County Bus Beating Caught on Video Camera - Lawsuit Filed Against County.

Unfortunately, thousands of children are injured on school buses every year. In some instances, the bus driver or the attendant assault the children on the bus. In other instances, another student is the aggressor and attacks or bullies a student on the bus. Getting to and from school in a safe manner is an important beginning or end to the school day. If a child goes to or leaves from school in fear or with personal injuries, that is a problem - a big problem - that should be addressed by the school, administration, and the bus company.

The book titled - The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. It is important for parents to know the legal rights of an injured child when there is an injury sustained on a school bus, at a school, at a day care center, or other location.

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

In Virginia and other States, parents rely on day care centers to supervise and educate their children in a safe and closely monitored environment. Unfortunately, some day care centers fail to honor their responsibilities and lose track of children at the day care center, on field trips, or during transportation trips. Since children lack safety awareness and often times have poor judgment in situations of crisis or danger, children, who are left unattended or unsupervised, often times suffer serious personal injuries. Some even die due to lack of proper supervision. It was recently reported that a child went missing from a Norfolk day care center. While the child was ultimately located and did not suffer any injuries except for being scaed and dirty, the fact that he went missing should cause concern for the day care center, parents, and the community. See Norfolk Virginia Day Care Center Loses 18 Month Old Boy.

Some children attending other day care centers in Virginia and other States have not been so lucky especially those who have been left unattended in vehicles in the heat of summer. Parents should ask the day care centert about the attendance and check in policies as well as how the children are monitored and supervised during the day. Policies and procedures as well as simple check lists can go a long way to keeping children safe in and outside of day care centers.

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

Facebook is one of the most popular sites in the world, claiming over 400 million users. It is a great way to stay in touch with friends and family, but headlines suggest that minors may become victims of sexual solicitation from fake “friends.”

In Louisa County, James A. Dollins of Gordonsville, Virginia was indicted on charges of electronically soliciting minors for sex and soliciting child pornography. According to a criminal investigation, Dollins, 42, pretended to be a 19-year-old University of Virginia female college student and asked boys to send him naked pictures on Facebook.

According to investigators, a parent called the Louisa Sheriff’s Office and claimed that a 19-year-old UVA student contacted her son and asked the child to text “her” nude pictures of himself. An investigation revealed that the 19-year-old female was a persona created by Dollins. A search of Dollins home linked discovered items and documents to the fake profile of “Kelly Redkin.” Investigators said that Dollins had been soliciting several teenage boys for sex and nude pictures in Louisa, Henrico and Chesterfield Counties, starting in 2010.

Dollins was initially charged with two counts of solicitation for child pornography in June. The additional indictments were issued recently by a Louisa Grand Jury. For more information on this topic, see Police: Man poses on Facebook as Virginia college coed, contacts teenage boys for porn and sex.

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

A bill (law) has been proposed for a modification to Virginia's current law regarding children passengers on motorcycles or other two-wheel transportation devices. The proposed law would make it illegal for any child under 8-years-old to ride on a motorcycle driver on Virginia roadways. Virginia's current child restraint law: Children riding in a motor vehicle will be restrained. However, some people do not consider a motorcycle or scooter a motor vehicle. Advocates of the bill say children under the age of 8 should be restrained whether in an automobile or riding a motorcycle, arguing that most children in that age range lack the strength and skills to safely hold on. Opponents of the bill say this law would drastically interfere with parental rights. The recent increase in Virginia gas prices has sparked a drive in motorcycle and scooter sales. Opponents, therefore, argue that with the new law many children will end up having to walk if the law is passed and enforced. For more on this topic please see Virginia proposes new law that will ban child passengers on motorcycles.

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

Officials in Manassas Park City, Virginia, have officially released notice of several violations of the city's extended child care program, Costello Park Preschool after allegations of sexual abuse against an 8-year-old child were found to be true. An 8-year-old girl who attended the day care program told her mother in September 2010 of separate incidents where she was sexually abused by a program employee in July and August 2010. After the child's mother learned of the accusations, she reported the information to the City Parks and Recreation Director, Catherine Morretta. Morretta then notified local police, which lead to an investigation by both the city police and social service officials. The Virginia Department of Social Services Division of Licensing Programs also began an investigation since the day care is licensed by the state.

The day care program was found to be in violation of several paperwork requirements. Mainly, certain staff members had neither a criminal records check nor central registry finding on finding and other the central registry finding of another staff member has not been renewed within 3 years. The city is appealing all of the violations. However, the city is not disputing the child's sexual abuse claims, which the state found to be factual. The state found that a juvenile staff member exposed himself, on at least two different occasions, to the child as well as engaged in sexual contact with her. The staff member also gave the 8-year-old money and told her not to tell her parents. Because the staff member is a juvenile his identity was withheld by officials. To read more on this story please see Sexual abuse allegations at Manassas Park day care program found factual.

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

In Norfolk, Virginia, a church day care director was arrested and is being prosecuted for the death of a 7 week old child (Dylan Cummings) who died while under the care of Little Eagles Day Care Center which is a day care center affiliated with Bethel Temple Church of Deliverance. The director and another employee are being charged with child neglect. Attorneys for the day care director and the employee report that the Defendants cared for the child in a nursery and truly cared for and loved the child enrolled in the day care center. Prosecutors paint a different picture of a day care center that did not follow regulations and that placed children in a crib in a windowless closet. It is expected that the case will focus, in part, on medical issues involving the cause and preventability of the child's death. It was reported that Dylan died of Sudden Infant Death Syndrome (SIDS). The prosecutor will argue that the child was unsupervised for 2 1/2 hours and that he was allowed to sleep on his stomach which puts an infant at risk for SIDS (Sudden Infant Death Syndrome).

There is support to the prosecution's case in the medical community and with organizations like The American Academy of Pediatrics. The American Academy of Pediatrics (AAP) has recommended that parents and child care providers have babies sleep on their backs. This recommendation has been in place since 1992. Studies indicate that the SIDS (Sudden Infant Death Syndrome) has been reduced with this simple technique or habit of having babies sleep on their backs. See Recommended Sleeping Position for Infants.

There is no indication that the day care providers wanted to harm the children or had intended the death or injuries to take place; however, criminal cases like these do not require the proof of intent to harm as an element of the prosecution.

The death of Dylan Cummings and other similar incidents (See also Autopsy Confirmed that 6 Week Old Died from Positional Asphyxiation - South Carolina.) should be used as a teaching tool for all day care providers about the importance of supervision during nap time and the proper techniques or positions that should be used for sleeping infants.

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

Surveillance cameras can often times provide valuable evidence to questions about the care and injuries of children in day care centers. Many injuries are "swept under the rug" when there is no surveillance video or, in the alternative, when there are no conscientious employees to step forward to provide information as to the abuse or neglect of a child injured in a day care center. In Milton, Virginia, a surveillance video reportedly showed a 2 year old child being grabbed by the arm and pulled across the room by a child care provider. The child was later taken to the doctor where the child was diagnosed with a dislocated elbow.

Children will cry and children will throw fits. This goes with the territory of being a parent or a day care center provider. A child should never be dragged or pulled due to the dangers and risks of injuries to the arms and legs.

It is unfortunate that there is a need for video surveillance in day care centers because of incidents like the one in Virginia.

You can read more about this story at 2 Year Old Abused - Caught on Surveillance Video.

If you have questions about a day care center injury or other child injury, you can get answers to many questions and issues in the book titled <u>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can received a free copy of this book by clicking here.

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

A Fairfax County day care worker was arrested and is being held on a charge that he molested a four-year-old girl. The man was arrested while trying to flee the country. The day care worker was identified as 22-year-old Siyamand Salehzadeh, he was an employee at Minnieland Day care center in the Centreville area of Virginia.

According to Officer Tawny Wright, police were notified on September 21 of the allegations that Salehzadeh had sexually assaulted the 4-year-old girl at the day care center. Police obtained a warrant the following day charging Salehzadeh with sodomy.

Salehzadeh was caught trying to enter into Ontario from Alexandria Bay, New York. He was turned away by Canadian authorities because of the warrant. He was turned over to New York State Police and then extradited back to Fairfax. Salehzadeh is entitled to an attorney and a trial. If you would like to read more on this story please see Virginia day care worker is being held on a charge of molesting a four-year-old girl.

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

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience. For example a Portsmouth woman was recently charged with child abuse when she was observed spanking her 7-year-old daughter with a belt in a parking lot. The spanking resulted in welts on the girl’s body. The lines become even more blurred and enter the realm of criminal charges when the child is injured during a spanking. It is imperative for parents who resort to spanking their children as a form of discipline to use sound judgment when doing so. Parents need to be aware of the amount of force they are using and the amount of pain they are inflicting upon their children. Although spanking receives a higher level of scrutiny today, the lines have become so blurred between what constitutes punishment and what crosses the threshold into abuse. Corporal punishment and spanking can be the basis of a lawsuit or civil cause of action especially when the corporal punishment / spanking is against the law, against school or day care policies, and / or against the instructions or without the consent of the parents. Take for instance a 2006 child abuse case where a father disciplined his child with a belt for acting “unmanly.” After the child complained to a teacher about his back hurting, belt marks were discovered all over his back and lower body. There is a profound difference between spanking your children as a form fo punishment and a violent beating. Alternative forms of punishment are becoming increasingly popular. Instead of spanking their children, parents are resorting to more consistent and humane types of punishment such as taking away their children’s privileges (watching TV, cell phone and vehicle use) or putting them in time-out. The main question with spanking is: When is spanking or corporal punishment excessive and / or abusive to the child? When is spanking no longer punishment but crosses the threshold into child abuse? These are serious legal issues that are unclear and cause a great amount of debate. A child injury lawyer is an extremely helpful resource if you believe a child to be a victim of violent beatings. For more on this issue please see Spanking: Acceptable Form of Punishment or Abuse?

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

In Prince William County, Virginia, a pedestrian was hit and killed by a Charter Bus full of middle school students from Tallahassee, Florida. It was the tragic end to the young life of Jose Chavez who was only 18 years old. It was also quite frightening for the students to be on a bus and so close to a death scene. The accident was reported by the Prince William County Police Department. You can read more about this story at Pedestrian Hit by Charter Bus in Virginia.

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

In Virginia, families of children with autism had succeeded in getting a new bill into the House that would have required many health insurance providers to cover a treatment called “applied behavioral analysis.” But businesses and insurance companies claimed that the costs of the bill would hurt business interests in the state.

Despite the fact that an actuary who studied the financial implications of the bill reported that it would only increase insurance costs by .2% across the state, the bill did not make it out of the Virginia House Commerce and Labor subcommittee. The families in favor of the bill blamed heavy lobbying by the insurance industry for the failure of the bill to reach the House floor. Legislators pointed out that many businesses are already at the breaking point financially and that adding costs will only make things worse.

Applied behavioral analysis is considered by many autism specialists to be the best hope for autistic children to lead normal lives. But the treatment can cost thirty thousand dollars a year or more; a sum that is out of reach for most middle class families. Virginia is one of thirty five states in the US that do not require insurance companies to pay for the treatment.

Find out more about the failure of the proposed autism insurance mandate in Virginia at Va. Panel Kills Autism Treatment Coverage Mandate.

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

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

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

The Culpeper, Virginia Star Exponent posted an article tiled Buckle Up - Baby. It was a short but very important article on child safety restraints in vehicles. According to the National Highway Safety Administration, three out of every four parents improperly install or use child safety restraints in their car. In response to such a problem and alarming statistic, hospitals and police departments around the nation offer a child safety seat course or check. Most classes are free or charge a minimal fee for this most important service. Parents often times spend a lot of money on car safety seats. In addition to the time and expense in purchasing a seat, parents should take the time, effort, and money to make sure that the car seat is properly installed and utilized. If you have any concerns or doubts about the installation or use of a car safety seat for a child, get help and advice from experts trained in the field. Simple safety precautions can help prevent serious personal injuries and even death to a child when there is an automobile accident.

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

In Richmond, Virginia, Keishawn L. Whitfield, age 23, was recently convicted on charges of Involuntary Manslaughter and Child Neglect. In the Summer of 2009, Mr. Whitfield left a 13 month old child unattended in a day care center van. Whitfield's attorneys argued that it was a mistake and inattention rather than a crime to leave the child in the day care center van. Tragically, the child died as a result of being left in a hot vehicle in the Virginia summer heat. The child was enrolled in the Yellow Brick Road Day Care and Learning Center which was owned and operated by Whitfield's mother.

It is extremely dangerous as can be seen by this case to leave a child unattended in a vehicle. Whether it is summer heat or winter cold, small children are at risk for injuries and even death from being left in a vehicle. Further, the failure to supervise can lead to non weather related injuries or death as well. You can read more about this story at Richmond, Virginia Day Care Driver Convicted of Crimes Involving Death of 13 Month Old Left Unattended in a Vehicle.

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

Virginia has a voluntary program in place that rates day care centers on a 4 star scale. The name of the Virginia program is the Virginia Star Quality Initiative. At this time, there are 31 day care centers with a 4 star rating which is the highest rating on the scale. The rating system provides accountability for day care centers / child care centers in Virginia. Since participation in the rating system is voluntary, many day care centers are not included in this rating system. Inspections and visits evaluate the facility. The quality and consistency of teacher child interaction are also observed.

You can review day care centers rated under this system at the Virginia Star Quality Initiative.

It is vital that Virginia day care centers concentrate their efforts on child safety and supervision. Many serious child injuries and wrongful deaths in day care centers can be avoided with consistent care that is in compliance with policies and procedures and Virginia day care regulations.

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

In Virginia and other states, teens and children are abducted and then abused, neglected, and, in some cases, murdered by criminals. Some abducted teens and children are never found ever again by concerned family members. In Portsmouth, Virginia, a brave and quick thinking teen escaped her captor and ran to police for help. WAVY-TV 10 reported that the 15 year old was abducted and then driven into Portsmouth, Virginia. When the vehicle was stopped, the girl ran out of the white pick up truck. Her abductor, Christopher Scott Little, tried to grab her and get her back in the truck but she was able to get away and to a Portsmouth Deputy Sheriff for help. The teen was able to give a description of the vehicle and the license plate number. This was key to the police tracking down Little to arrest him and charge him with abduction.

This story shows that abductions can take place on any given street at any given time. This brave teen was able to get away. It is uncertain what perils she would have faced if she had remained with her abductor. You can view a video of this story at the WAVY-TV 10 Website.

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

In Richmond, Virginia, state officials with the Department of Social Services have recommended that the day care license for Yellow Brick Road Day Care be revoked. Lynne Williams, the Director of the Virginia Department of Social Services, issued this ruling or determination in response to the tragic death of Andrew Joseph Johnson who died in July 2009. The day care center left Andrew in a vehicle for 7 hours. The owner previously stated that she plans on fighting any decision by state officials to close down her day care center. Criminal charges have been filed and are being pursued against the owner and driver from the day care center.

What happens when a day care center leaves a child in a vehicle and the child dies? The answer is simple. The day care center gets shut down and the responsible employees and owner get arrested.

All day care centers / child care centers in Virginia and other States should take note of this case. It is a tragedy that could have easily been prevented with better procedures and due diligence on the part of the day care center. Many child injuries and deaths resulting from negligence in day care centers can be avoided with better training, a policy and procedure manual that is clear and followed, and with dedicated staff members who care about the health and safety of the children. You can read more about this story at Virginia Department of Social Services Recommends Revocation of Day Care License Following Death of Child.

The attorneys in the Child Injury Lawyer Network are dedicated to child safety issues. Hopefully, day care centers throughout the nation will institute necessary procedures to make sure that no child is ever left unattended in a vehicle for any reason.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia and other states, day care workers, child care workers, bus driver, and school employees have failed to follow proper and appropriate safety precautions in removing children from vehicles during times of extreme heat or extreme cold. A small children should never be left unattended in a vehicle no mattewr the temperature outside. It is the extreme temperatures among other causes that can lead to serious personal injuries or death for a child left unattended in a vehicle. A recent article - Day Care Vehicle Incidents Are Not Uncommon - published in the Richmond Times Dispatch Newspaper reported on incidents in which a child was left unattended in a day care vehicle. Working parents in Virginia rely on day care centers to provide for the health, safety and well being of their children. Children should be properly supervised at all time.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, a 13 month old boy was left in a day care van for at least 4 hours and died from heat exposure. Andrew Joseph Johnson was picked up at his home in the morning by driver Keishawn L. Whitfield. The plan was to drop Andrew off at the day care known known at the Yellow Brick Road Day Care & Learning Center. Unfortunately and tragically, Andrew was left in the hot van for at least 4 hours according to news reports. The state medical examiner for Virginia determined that the cause of death was environmental heat exposure.

The death of Andrew Joseph Johnson in Richmond, Virginia is one of many day care related / heat exposure related deaths throughout the country this summer. All day care centers who transport children should have a detailed checklist and safety precautions in place to make sure that no child is forgotten or left in a hot vehicle. These precautions and steps will save lives. You can read more about this story at Richmond Virginia Child in Day Care Died from Heat Exposure.