Child Injury Lawyer Blog

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

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Shreveport Child Care Center, located in Louisiana, was warned for several safety violations, and as a result, received a license revocation notice from the Louisiana Department of Children and Family Services.

Similarly, God’s Gift Child Care and Learning Center, located in Louisiana, was issued a notice citing violations which included failing to conduct criminal-record checks of non-paid staff prior to employment. State officials say that the center was cited four times in the last ten months for not completing background checks on two to six staff members each time.

God’s Gift Child Care and Learning Center was also cited for failure to maintain appropriate children-to-staff ratios, failure to conduct proper visual checks of vehicles used to transport children and failure to maintain proper transportation logs within the last six months.

"In each of these cases the violations are considered serious, repeated or numerous (and) put the safety of children at great risk," said DCFS Secretary Ruth Johnson.

Other day care centers were cited as well in Louisiana. For instance, Tiny Tots Day Care Pre-School in Natchitoches also was cited for failing to protect the rights of children and failing to keep children safe from harm or abuse.

And finally, Highland Child Development Center lost their license for failure to meet state licensing requirements. They will be closing their doors by the end of the month.

When a day care center is cited with a violation, the Louisiana Day Care Center can challenge or appeal the decision or citation. The day care center is entitled to defend itself when cited for a child care, child supervision, or facility violation.

It is important for day care centers to continuously maintain the facility and provide child care and supervision in compliance with applicable laws, regulations, and code provisions applicable to Louisiana day care centers. Without performing proper background checks on employees, day care centers are putting the children they look after in danger. Parents should research centers in the area in order to ascertain safety and licensing information about the centers they are interested in before making a definite decision.

For more information, see Local child care center's license revoked.

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

Weare Day Care Center, located in New Hampshire, is being investigated after reports of the owner belittling the children, using physical force against them, and swearing in front of them. Prior to this investigation, Country Kids Childcare was shut down following a visit from New Hampshire government inspectors. The State of New Hampshire was investigating a complaint that children were being mistreated, while also conducting a routine licensing renewal.

Under the state law of New Hampshire, childcare personnel are prohibited corporal punishment or yell at children. State officials report that they received a complaint that the owner, Lynn Crevoiserat, placed a child in a headlock and “dragged the child across the room to a timeout area while angrily yelling and screaming at the child.”

Following the complaint, investigators interviewed four staff members and three children. A five-year-old said she had seen Crevoiserat grab as many as three children by their arms and hands very tightly. An employee also said, with tears in her eyes, that she had seen red marks on the children in the areas where the owner had grabbed them. She also said she heard Crevoiserat use profanity in front of the children, specifically saying, "I'm so (expletive) mad at you right now, you don't even (expletive) know." Other children also told investigators about extended timeouts, some as long as 20 minutes.

Day care providers have a responsibility to supervise and monitor children in a supportive child care environment . Abuse, even in its lightest form, is intolerable. If other employees witness abuse of any kind, they have a duty to report it. Parents should continually ask their children about their days at childcare. In addition, they should keep a keen eye on the people who look after their children, looking for any signs of mistreatment or abuse.

For more information, see State Investigates Complaints At Weare Day Care: Owner Accused Of Using Force, Profanity.

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quinetta Tubbs, owner of NaNa’s Day Care in Ohio, was charged with child endangering and obstructing official business after leaving a two-year-old Micah Davis at Clippard Park following a field trip. Tracy Davis, Micah’s mother, was informed of the incident by Tubbs. Thereafter, Tubbs asked the mother to lie to the police and tell the police that the child was at a birthday party. Tubbs was released on a $1,000 bond. Child and Family Services is investigating NaNa's Day Care, but the mother said she does not want to press charges.

Day care employees need to be more aware of the children under their guidance, care, and supervision. Children of all ages, including two-year-olds, can get separated from the group easily, especially when on a field trip.

Parents need to make sure their day care centers have precautions in place for when they travel outside of the facility. While there are several ways to keep a group together, one way is to have all of the wear the same T-shirt or same color T-shirt.

Secondly, they should follow single file, and hold hands. Children should be instructed to alert a teacher if the person who was once holding their hand is not holding it anymore. They should also be instructed to alert a teacher if they see someone wander off or if their friend goes missing. Small tasks such as these can make a big difference in keeping children safe on field trips or other outside facility trips.

Finally, and most importantly, a simple checklist that is reviewed and documented before and after each stop can prevent most incidents from taking place.

For more information, see Day Care Worker Accused Of Leaving Toddler At Park

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

After two Georgia high school football players died during practices of 90-plus degree heat, authorities began to explore whether the hot weather contributed to the death of these athletes. The nation’s largest pediatrician group says that healthy children and teen athletes can play sports in hot, steamy weather, but only if precautions are taken.

In fact, new research shows that with adequate training, water intake, time-outs and emergency treatment available on the sidelines, healthy young athletes can play even in high heat and humidity — within reason. However, government data showed that 3,000 young teens were treated in the emergency room for non-fatal heat illnesses from sports or exercise from 2001 to 2009. In addition, throughout the last 13 years, 29 high school football players died from heat stroke, according to the American Football Coaches Association.

Dr. Michael Bergeron, a University of South Dakota sports medicine specialist, says that any child, if overworked in even 80 degree weather, can suffer sever injuries, if not death. He recommends that people be evaluated individually to see if they can play in hot weather.

When dealing with sports and hot temperatures, teams should have emergency plans with trained personnel and treatment available and policies for avoiding heat illness. Coaches should give kids about two weeks to adapt to preseason sessions, gradually increasing intensity and duration. They should also closely monitor more vulnerable kids, including those who are overweight or have diabetes. Coaches should make sure athletes are well-hydrated before practice or games. Specifically, kids aged 9-12, should drink about half a cup to a cup of water every 20 minutes during activities. Teens should drink 5 or 6 cups an hour during activity. Furthermore, sports drinks containing electrolytes and sodium should be offered during extra strenuous activity. Finally, teams and coaches should educate players and parents about signs of heat stress, including dizziness, muscle cramps, headaches and nausea; and kids with symptoms should be sidelined and treated immediately. Athletes should also be encouraged to report if teammates seem to be struggling.

For more information about heat stroke, athletes, symptoms, and preventions, see Sports in Heat—Ok With Precautions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A near drowning of a seven-year-old boy has caused the Pennsylvania Department of Public Welfare to shut down three western Pennsylvania day care centers. Allegedly, a young boy almost drowned during an overnight camping trip and was saved by a nine-year-old girl. No adults saw the boy almost drown.

The Pennsylvania Department of Public Welfare cited the Kid Biz LLC day care center for gross incompetence, negligence and misconduct for allowing children to swim in a pool without lifeguard supervision, although two of the day care center’s employees had training in water safety. The owner of the day care center, Adele Wood, said that she will appeal the ruling because of the families that will be affected by the shutdown. Wood also said that there has never been an incident during a camping trip in 15 years.

Pennsylvania Day Care Centers are subject to state licensing requirements. These licensing requirements ensure that the day care center is safe; that the staff is appropriately trained and responsible; and that the program promotes the health and development of children. In addition, the license assures parents that the children are being supervised in a safe, healthy environment where appropriate activities, time schedules, food, equipment and staff are available to support the children’s physical, social, emotional, and intellectual growth. For more information, see State welfare officials shut down 3 western Pa. day care centers after boy, 7, nearly drowns.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Spring and Summer months bring with them better weather and more swimmers. It is a great time for parents to think about water safety and about providing their children with qualified swimming lessons. Many YMCAs and other community centers through the nation offer baby water safety classes. It is a great gift for a parent to provide a child with the skills necessary to swim. Children are curious and have poor safety awareness. Some children unexpectedly fall into water including pools, lakes, and other areas. As such, a child, who has been provided swim lessons, may very well have a less likelihood of drowning and suffering drowning related injuries than a child with no training or experience with the water. Parents should check out local YMCAs and other groups and consider enrolling a small child in a swimming class. There are many qualified swimming instructors and programs out there. It is important for a parent to ask a lot of questions including the following:

What is the recommended age for a child to have initial swimming lessons?

What is the training of the instructor?

How long has the program been in effect?

What are the short term and long term goals of the swimming program?

What kind of instruction or techniques are involved with the swimming program?

How does the swimming instruction program differ from others in the area?

You can read more about infant / toddler / child swimming instruction programs at YMCAs Offer Baby Water Safety Classes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents dread the first day of summer almost as much as their children look forward to it. What to do with antsy kids for three months over the summer? Now is the time to start thinking about summer camp. The good ones fill up their rosters quickly. The following are some tips for narrowing down your choices.

1. Talk to your children: Find out from them what kind of camp they would be interested in attending so they can get the most out of it.
2. Stay organized: Once you know what type of camp you are looking for, make a list of available options. Keeping all the details in a neat list will help make the decision process easier.
3. Watch the budget: Make sure to pick a camp that is in a comfortable price range for you. Some camps offer financial assistance, so be sure to ask.
4. Day camp or Sleep-away? Before deciding, honestly assess whether your child is mature enough to handle a sleep-away camp, or if a day camp would be a better choice.
5. Make it work for your schedule: Make sure the pick-up and drop off times work with your work schedule. Finding other parents who can share carpooling duty can help as well.
6. Talk to the director: Getting a feel for the philosophy of the camp is important. Ask to speak to the director and find out what the camp values are.
7. Check into the staff; While you have the director on the phone, find out how they screen and train counselors and arrange to meet with them if it will make you feel more comfortable.
8. Ask about medical services: Many camps require staff to be trained in CPR and first aid, but don’t assume – ask.

Read more tips for making sure your kids are safe and happy at summer camp by visiting Summer Camps: Tips for picking the best camp for your kid.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Millions of parents rely on daycare centers to look after their children. But with the looming H1N1 epidemic, daycare centers could become breeding grounds for the potentially deadly virus. I recently had the opportunity to share my legal viewpoint about the ramifications of H1N1 and daycare center liability with Time Magazine.

If a child contracts H1N1 at a daycare center due to negligence on the part of the daycare, the parent could sue; especially if the disease led to hospitalization, permanent injury, or death. To protect themselves and the children they are caring for, daycare owners and managers need to take an active approach to keeping kids with H1N1 symptoms away from the daycare center and following proper sanitation procedures in the center.

To protect their children, parents need to understand that not all licensed daycare centers are compliant with the terms of their license, and that church-based daycare centers may be exempt from state regulations. Parents can be proactive by checking into the background and cleanliness of the daycare center where they leave their children.

Find out more about this story at Childcare Centers and Parents Brace for Flu Season.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In St. Louis, Missouri, a child was left a day care center van at the zoo. According to reports from the St. Louis Police Department, a 3 year old was left on a day care center van. The van was operated by the Heaven 24 / 7 Learning Center that was on a field trip on June 9th to the St. Louis Zoo. A visitor to the zoo heard a child yell for help from the van. The concerned patron was able to locate the day care group a few minutes later. The day care child care workers later admitted to failing to conduct a head count and failing to realize that a child was left behind. This kind of negligence could have caused serious personal injuries and even death to a child in a hot vehicle over summer months. You can read more about this story at Child Left in Day Care Van at the St. Louis Missouri Zoo.

Public swimming pools operated by States, Counties, and Cities have a duty to install and maintain proper swimming pool drain covers to comply with an important law called the Virginia Graeme Baker Pool and Spa Safety Act. This law was signed by President Bush on December 19, 2007 and was put in place to prevent drownings and other injuries caused by drains that do not have proper drain covers to prevent such drownings and entrapments. You can read the federal law at Virginia Graeme Baker Pool and Spa Safety Act.

Having safety precautions in place at a swimming pool can help avoid personal injuries and drowning deaths. It is also important to have diligent supervision both by lifeguards and parents when children are in or around a swimming pool.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Summer camps are typically filled with friendship, fun, and the great outdoors. When there is a large congregation or gathering of children around, there are, at times, outbreaks of Influenza and other communicable diseases. It can be quite stressful for both the child and the parent, who is typically hundreds of miles away, to deal with an illness at camp. Most reputable summer camps have a doctor on staff to address the basic health needs of the child. Beyond the camp confines, there should be a medical facility, hospital, or clinic available for more in depth medical care and evaluation. Influenza can be quite troublesome and risky. It is spread person to person and even by object. For instance, a child can wipe his or her nose and then touch a door knob. This, in turn, can lead to the infection of another child. The Influenza virus can live for several days on an object like a door knob or a toy.

What should parents do when a child gets sick at camp? I recommend that the parent keep in close contact with the camp and the camp doctor. Ask to speak to your child. Many camps prohibit telephone contact due to a child becoming homesick. However, there are always exceptions and extraordinary circumstances beyond these in house camp rules.

I also recommend that parents consult with the child's own pediatrician and an Infectious Disease doctor for guidance and follow up. Get the summer camp to fax you the medical records so you can see what is being documented and done for your child's illness at summer camp.

You can read more about Influenza at When Your Child Is Sick - Influenza in Children.