Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sara Beth Whited, a former day care center owner in Casper, Wyoming, pled guilty to child endangerment. The charge was pressed against Whited after an infant, 3-month-old Tyler Parker, died in the Wyoming day care center in October 2010. Autopsy reports revealed that Tyler died as a result of suffocation, he was swaddled in a blanket and placed on soft-foam mattress. When Tyler's mother, Nichole Parker, found her son he was cold and unresponsive. After being discovered, Tyler was taken to a nearby hospital where he was pronounced dead. Whited was ordered to serve a year of unsupervised probation and was also given a one-year suspended jail sentence. A local newspaper reported that Whited would no longer be unable to operate her daycare center because her guilty plea barred her from obtaining future licensing. For more read Former Casper, Wyoming, daycare operator pleads guilty to child endangerment.

Also, if you would like to read more details concerning the October 2010 death please read Criminal Charges Filed in Day Care Death of Child (Tyler Parker) - Death Caused by Asphyxia of Bedding.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Sara Beth Whited, 48, owner of a residential child care center in Casper, Wyoming, has been charged with one count of child endangerment for an incident that occurred in October 2010. Whited was charged for her alleged role in the death of 3-month-old Tyler Parker. Nicole Parker, the infant's mother, found Tyler unresponsive inside a bedroom at Sara's Child Care, Whited's day care facility operated out of her Vista Way home. Parker told investigators she found her son around 3:30 p.m., he was "cold to the though" and his face appeared "bluish and purplish." Parker tried to perform CPR on her son, but her attempts failed because his jaw was "locked shut," according to an affidavit from the case. The affidavit also states that Tyler was found "swaddled in a blanket" with "his arms tightly pulled down to his body." An autopsy revealed the cause of death to be "asphyxia by bedding due to the fact of the infant being swaddled and placed on a soft foam bedding." According to the rules and regulations governing day care providers, infants must be placed on their backs for sleeping unless a licensed physician says otherwise and provides a waiver. No waiver exists in the instant case. There is some debate about the frequency Tyler was checked on after he was put down to sleep. In an interview with detectives, Whited stated she had checked on the child numerous times, usually about every 10-20 minutes. However, authorities say the facts do not support this claim. The affidavit states the child must have been dead for a considerable period of time before her was discovered. Upon being discovered, the unresponsive Tyler was taken to Wyoming Medical Center where he was pronounced dead. If convicted, Whited could face up to a maximum of on year imprisonment. Whited is represented by an attorney and will be presumed innocent until proven guilty. For more please see Casper, Wyoming day care owner charged after child dies from asphyxiation in her care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A pickup truck, pulling a plow behind the truck, struck 4 children while they were crossing a street in Wyoming. The road is near the children's elementary school, Godfrey Elementary. The children had a half-day of school on the day of the accident and the crossing guard, who was directing traffic at the crosswalk earlier that day, left about fifteen minutes before the terrible incident occurred.

The driver of the pickup was identified as Steven James Scobey, 40, of Byron Township. All children were received some form of medical attention. Alejandra Garcia and Anet Martinez were both treated for minor personal injuries and then released after the accident. Another child, Alejandro Garcia, was admitted to the hospital for a day and then released. The fourth child, Madeline Martinez is listed in critical condition at DeVos Children's Hospital. Madeline sustained a serious head injury, she is believed to have bleeding in her brain.

The "Don't Walk" bulb in the crossing signal was burned out at the time of the accident. Officials are unaware of this was a factor in the accident. Scobey was not ticketed and police continue to investigate the accident. If you would like to read more on this accident please see 4 children injured after hit while crossing street.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Cheyenne, Wyoming, a child is recovery from surgery following a Pit Bull dog attack. The 10 year old boy (William Kunert) was bit by a neighbor's dog. William was reported to have been bitten by the dog in May 2009 as well. Pit Bull attacks have been reported across the Nation. Dog bite incidents like these raise several issues:

What safety precautions were put in place to protect children?

Was the dog in a fenced area?

Was the dog on a leash?

Did the dog have up to date vaccinations?

Who is going to pay for the medical expenses?

Was Animal Control involved in the past? current incident?

What measures will be taken in the future to prevent future dog attacks / dog bites?

You can read more about this story at Wyoming Boy Bitten by Pit Bull - Recovering following Surgery.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Wyoming Department of Family Services regulates and licenses day care centers throughout the State. The Division of Early Childhood publishes a helpful checklist for parents to use when selecting a day care center. The checklist is also helpful for evaluating a day care center that a parent is already using for a child. Parents should educate and inform themselves about a day care center. The checklist provides the following advice:

1. Get organized.
2. Conduct a telephone interview of the owner / administrator of the day care center;
3. Visit the day care center. See for yourself what the facility is like and how it is operated;
4. Check references. Get references from other parents who have children at the center.
5. Make a decision.

I recommend that Wyoming parents and other parents for that matter review and print out the check list located at Wyoming - Five Steps to Selecting Good Child Care.

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.