Child Injury Lawyer Blog

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the American Academy of Pediatrics, every five days a child dies in the United States from choking on food. That makes choking the number one cause of death for children under fourteen, although children under four are most at risk.

The group is now calling on legislators and manufacturers to put in place a system of labeling certain high-risk foods to warn parents of choking risks. It points out that there are many laws and regulations aimed at preventing children form choking on toys, but no consistent program for labeling foods that pose the same type of risk. In addition to lack of regulations, there is also no central repository for data on childhood deaths caused by choking on food. The Academy would like to see that change, as well.

Certain types of foods are more likely for kids to choke on. These foods are usually cylindrical and about the size of a child’s throat. Foods mentioned specifically included hot dogs, grapes, baby carrots, apples and peanuts. The Academy has released some tips for parents to deal with risky foods:

• Cut the food into smaller pieces so it is not the right size to block the child’s throat. This includes cutting hotdogs lengthwise and grapes into quarters.
• Don’t give small children hard to chew foods like hard candies, nuts and baby carrots.
• Keep children in an upright seated position when eating.

Read more about the American Academy of Pediatrics’ initiative to prevent childhood food choking at Labels urged for foods that can choke kids.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.

The terrible accident comes as the Utah legislature is debating a proposal to relax current child safety seat legislation. The child advocacy manager for Children’s Medical Center, Janet Brooks, says she opposes the bill. She believes that many lives will be saved by children riding in safety or booster car seats.

Provo, Utah Representative Chris Herrod introduced the bill, which relaxes child safety seat requirements for short trips. He stated that he would rather have his child ride home with a friend who did not have a child safety seat than to have his child walk home alone.

A Utah House committee has passed the bill, and it will go to the full house soon. Find out more about the proposed safety seat bill at Utah House panel favors bill relaxing child safety seat law.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators in the State of Illinois are attempting to make the roads a little safer in Illinois by passing a ban on texting while driving law. It is not against Illinois law to drive while texting, checking e mail, updating Facebook, or otherwise surfing the Internet on handheld devices, mobile phones, and computers. There have been a great number of accidents attributed to distracted driving caused by these activities. The new laws make sense and should discourage many drivers from engaging in such acts. Of course, there have been driving while intoxicated or driving under the influence laws in effect for years; yet, people still drink and drive. Tragically, personal injuries continue to occur as a result of drinking and driving. While the new Illinois law will not completely eradicate texting while driving and other dangerous acts while driving, the new laws should reduce the incidents of such acts. The law should be a deterrent to drivers in the State of Illinois especially if the law is properly enforced. You can read more these new Illinois laws at Texting Ban While Driving - One of Many New Illinois Laws.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other states, infants and small children are at increased risk for injury when riding in an automobile. This is especially true for children who are not placed in a infant seat, child seat, or booster seat based on the age and / or size. New York law was recently changed to require children through the eighth birthday to have a booster seat. There is an exemption for children younger than 8 who are 4 Feet 9 Inches Tall and / or who weigh 100 pounds or more.

Seat belt and safety equipment laws help save lives and help prevent or lessen the extent of personal injuries suffered in an automobile accident. With or without a law in place, parents should exercise due diligence and care when transporting children. You can read more about the New York law and the reasons for these requirements at New York Increases Age Limit for Booster Seats.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to activities provided by or at the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.1).

Years ago, day care centers are merely a way in which a child could receive babysitting or supervision while a parent was at work. In more modern times, day care centers are now centers of learning and are required to provide children with planned educational activities. The day care center must develop and implement activities that are geared to the child's age and development level. These regulations apply to both indoor and outdoor activities at the day care center. The staff member responsible for supervising these activities is required to maintain a written outline to be maintained on file at the day care center of the various activities provided for the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is required of the day care center as to attendance and keeping track of the children?
Each day care center must develop and put in place a Bureau-approved method of tracking children as to location and safety at all times while under the supervision of the day care center. This includes but is not limited to the transfer of supervision of the children during arrival time and departure time.

What training is required as to the tracking of children?
The day care center is required to train all staff members as to the method utilized to track children. As such, if the approved method is a checklist, all staff members must be trained as to how to use and document the check list.

Is there a minimum number of staff members required to accompany children on a day care center field trip?
Yes, there is a minimum requirement of two staff members who must attend the field trip. In addition, the facility has a duty to comply with other staff / child ration requirements when on a field trip.

What is the purpose of these rules and regulations?
Like many other rules and regulations, the purpose of these regulations is to promote the proper supervision and safety of the children. A simple checklist that is completed correctly can help prevent and avoid children being left behind on field trips or left at the facility with no supervision.

There have been far too many incidents involving injury or death to children who have not been properly supervised or accounted for on field trips. The consistent compliance with these regulations is a vital part of the operation of a New Jersey day care center.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to staff / child ratios in day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is a staff / child ratio?
It is the minimum staffing required by the State of New Jersey to be in place for the number of children present at the day care center.

What is the purpose of the staff / child ratio?
The purpose is to make sure that the facility is adequately staffed and that there is a sufficient number of staff members to care for the needs of the children.

Does age play a role or factor in setting up the staff / child ratio?
Yes, the younger the child - the lower the ratio. In other words, a facility with 10 children under the age of 18 months will be required have more staff in place per the regulations than a facility with 10 children over the age of 18 months.

Does compliance with the staff / child ratio mean that my child will be kept safe?
Not necessarily. However, compliance with staff / child ratios and documentation for the same is a good indicator that the day care center is following regulations and putting a sufficient number of child care providers in place to meet the needs of the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old John-Paul Massey of Liverpool, England, was being watched by his grandmother, Helen Foulkes, while his mother was out on a date. Some time that evening he was mauled to death by the family’s pet Bull Terrier. Ms. Foulkes tried to pull the boy out of the dog’s jaws, but was unsuccessful. Ms. Foulkes suffered some bite marks. She was treated and released from the hospital. When police arrived they shot the animal on the spot. The attack took place at a house where police had been warned that illegal dog-breeding was taking place.

Merseyside Police have launched a full investigation into the child’s death, especially considering the failure of the police department dispatcher to pass on the message to officers about the suspected dog breeding at the residence. The operator reported that he felt it was not a police matter and so disregarded it. The operator’s actions were against police policy. Part of the investigation will also involve determining the dog’s exact breed, to see if the dog's breed fell under the country’s Dangerous Dogs Act, which completely bans four breeds of dangerous dogs. It is also not clear at this point who owned the dog, although neighbors have said that it belonged to Ms. Foulkes’ son, Christian Foulkes, an active soldier. Neighbors also reported that the dog was vicious and that they were afraid of it.

The death of this child is a tragedy that the family and the community will not soon get over. The judgment of the mother and grandmother of this child should be called into question for allowing the child to stay in a home with a viscous dog. Read more about this deadly bull terrier attack at Police 'were warned' before family's dog killed child.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to accident reports or incident reports when a child suffers or sustains an injury while attending the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6.). In particular, a day care center is required have a file of record with the following information:

*Name of the injured child;
*Date - time - location of the incident;
*Name of the Child Care Center;
*Address of the Child Care Center;
*Name of the Person Completing the Accident / Incident Report;
*Date that the Report was completed;
*Written description of the incident, type of injury, and witnesses;
*Written documentation regarding first aid provided; and
*Written documentation regarding treatment by a doctor or medical provider.

By requiring day care centers / child care centers to document injuries that take place at the day care center, parents and the Department of Human Resources have access to information about injury incidents that take place at the facility.

Parents should request a copy of the Incident / Accident Report. The regulations state that the parents are entitled to a written description of the incident by the end of the next operating day.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to injuries sustained by a child while under the care of the child care center / day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6. In particular, a day care center is required to take immediate steps to protect a child from further harm and to contact the parents verbally when certain injuries take place in a child care center. Injuries that must be reported to the parent include:

*injuries when the child is bitten and the skin is broken;

*head injuries;

*falls involving a height that is greater or taller than the height of the child;

*injuries that require doctor's visit, ER visit or other type of professional medical care.

It is not only the law but also in the best interest of the child to follow up with medical care regarding injuries. Furthermore, the parent should be contacted so that the parent can direct or guide the day care center as to the child's medical needs as well as to where the parent would like the child to get medical care.

Unfortunately, many injuries that take place in a day care center result from abuse, neglect, or the general failure to provide consistent supervision of the health and safety needs of the child. Day care centers and child care centers should take their best efforts to protect children so that serious personal injuries do not take place in the day care center. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to Discipline and Corporal Punishment under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.6 and 10:122-6.7. In particular, a child care center is prohibited from punishing or disciplining a child for the failure to eat or sleep. In addition, a child shall not be punished for soiling himself / herself. Discipline can be used in a "positive" manner and that is "consistent with the age and developmental needs of the child". Many child care providers and parents for that matter believe that corporal punishment in the form of spanking or hitting the child is the best and most effective way of teaching a child a lesson. Regardless of a parent's or child care worker's personal philosophy, the New Jersey Administrative Code prohibits child care staff workers from hitting, shaking or otherwise inflicting corporal punishment on a child enrolled in a licensed day care center. Furthermore, a child care worker cannot use abusive language or ridicule as a form a discipline or punishment either. You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan, Governor Jennifer Granholm signed a law into effect to help distinguish or define babysitting from required day care licensing. The law states that babysitting is exempt from Michigan licensing and regulation if the babysitting is provided for free or involves less than $600.00 per year of annual payment or income. See Michigan Law Clarifies Babysitting / Day Care.

A friend or neighbor who gratuitously watches a child is not subject to regulation. With or without this law in effect, there is a problem in Michigan and other States with people who operate a day care center without obtaining a proper license. Parents should be wary and cautious about using such facilities. Without State oversight and inspections, many unlicensed day care centers have safety and supervision issues that put children in danger.

By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The State of Alabama prohibits sex offenders from residing within 2000 feet from a day care center or school. Some sex offenders are one time offenders while others have committed crimes over and over. As such, it is difficult to predict if and when a sex offender will repeat his or her crimes. This Alabama law was enacted as a safety measures of sorts to keep sex offenders including child predators away from children attending school and day care centers. While the law may help prevent the abuse of children, it is by no means a measure that will in every instance keep child predators away from children. In Satsuma, Alabama, a sex offender was recently arrested for allegations that he was residing with his mother. The home was located near a day care center. The sex offender was arrested. Of course, the sex offender will have the right to defend himself through a criminal lawyer or the public defender's office. This instance highlights this Alabama law as well as a dilemma for many sex offenders as to where they can or should live. You can read more about this story at Satsuma Alabama Sex Offender Arrested for Residing Near Day Care Center.

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

The Centers for Disease Control and Prevention have estimated that one in 150 children in the United States has some form of Autism. In Massachusetts that number is closer to one in 132. In the State of Massachusetts, autistic children under the age of three are currently are eligible to receive 40 hours of therapy through the Massachusetts Department of Public Health's early intervention services. But after that, the family is entirely dependent on their local school district. For children who need more help than the school district can provide, the family is on their own to find and pay for needed services.

Massachusetts State Representative, Barbara L'Italien, D-Andover has a nineteen year old autistic son, and has introduced a bill to the Massachusetts State Senate that would require insurance companies to cover treatment for Autism at the same level as for other ailments. The bill is part of a nationwide campaign by Autism Speaks, an autism advocacy group, to improve services for autistic children.

According to L'Italien, her son’s medical needs are just as real as those required for other, covered services, such as treatment for her daughter’s asthma.

Autism Speaks has commissioned a report in support of this bill and others like it; it shows that extending autism coverage to all insured persons would increase premiums by less than 1% annually, or about $40 per person covered. The report did indicate that the rate of increase is difficult to figure.

Opponents say that any increase is too much in a down economy, and that it would place a burden on small businesses. They add that only Massachusetts residents insured by state licensed insurance companies would benefit from the bill – about half of the population of the state. The bill’s proponents say that the bill would ease budget pressure on the state’s schools, which often provide the bulk of services to children with autism.

The bill has more than 100 co-sponsors, and supporters are optimistic that it will pass. That would make Massachusetts the 16th state in the US to require insurance to pay for autism treatments. Find out more about the bill and the plight of autistic children in Massachusetts at Bill seeks coverage for autism services.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The House of Representatives recently passed its version of the Healthcare Reform bill (HR 3962). Parents and guardians of special needs children will most likely benefit from two aspects of the bill: health insurance companies would no longer be able to deny coverage based on pre-existing conditions, and the public insurance exchange option. Of course, the Senate still has to pass its own version of the bill, and the two bills will have to be blended together and voted on again – but so far the news looks good for children with special needs.

The pre-existing condition clause will doubtless help many children with special needs retain insurance coverage – which can be critical in getting them proper medical attention for their conditions. In the past, any time a parent left a job they would need to sign up for new insurance, and the new insurance company would be able to deny coverage for any medication, treatments, and doctor visits related to the special needs diagnosis, if the child was diagnosed before the new insurance was purchased. This can lead to poor services for the child in need and cause financial ruin for their parents as they try to get them the help they need.

The other benefit for special needs children is the most debated aspect of the new bill: the public option. A public option would work much like Medicare or Medicaid, offering a more affordable alternative that makes it possible for parents of special needs children, even those with low incomes, to attain coverage for that child.

Read more about the benefits of healthcare reform at Special needs kids' parents should rejoice over health care bill's passing.

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

The State of Massachusetts is imposing new requirements on day care providers including in home day care providers. Opponents argue that the regulations and restrictions put a heavy burden on small day care providers. Advocates of such regulations including the State of Massachusetts point out that the regulations help provide for and promote the safety and well being of children placed in day care centers throughout the State. The changes to Massachusetts law will take effect in January 2010. An article posted in the Boston Herald covers the new laws and seems to make more of an argument against the regulations.

Many day care operators, who voice opposition to regulations and standards, just do not want to follow them. It does not seem to be much of a burden to require day care centers to have periodic progress reports on file for each child in the day care center. Day care centers should be held accountable and this kind of regulation helps authorities inspect and review care provided at a day care center.