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What if a Child is Subjected to Corporal Punishment at a Day Care Center?  Importance of Child Care Regulations and Video Surveillance

Toy-Blocks-E-A-300x226In Nevada and other states, a child enrolled in a day care center should be provided with a supportive educational environment free from abuse, neglect, and corporal punishment. Unfortunately, far too many children are harmed by the very caregivers supposed trained and skilled to provide proper supervision for children at the day care center.  It should also be noted that many such instances go unreported, unnoticed, and essentially ignored unless somebody speaks out on behalf of the child.  Often, it is the parent that steps up to advocate for his or her child.
It was recently reported in Nevada that a day care center worker threw a child to the floor.   The child reported the incident to her mother who then demanded to see the video surveillance for the facility.  The video surveillance from the K.I.D.S. Academy located in Henderson, Nevada shows the child care provider first picking up the child by the arms.  The day care center worker then returns just seconds later and throws the girl more forcefully and the child’s face hits the floor.  Incidents like these can and often do lead to serious head injuries.   Without the push from the parent and the availability of the video surveillance, these incidents tragically get “swept under the rug” without any civil, administrative, or criminal action.   Once the video surveillance was viewed by the facility and the parent, the matter was reported to the Henderson Police Department which, in turn, arrested the day care worker for criminal charges of child abuse. You can read more about this story at Video Surveillance Leads to Arrest of Day Care Center Worker in Henderson Nevada. 
Similar to the majority of other states, corporal punishment and physical abuse are prohibited in licensed Nevada day care centers. Pursuant to Nevada Administrative Code – NAC 432A.400 Discipline – a licensed day care center has a duty to enhance a child’s behavior through positive guidance and redirection.  A day care center worker shall not under any circumstances inflict physical punishment in any manner on the child or verbal abuse or threaten the child.
When a child is the victim of corporal punishment or abuse at a day care center, there may be one or more legal proceedings that are brought in the aftermath of the incident.  A criminal case can be brought against the day care center worker if the local law enforcement officer and prosecutor assess the facts and determine that the required elements of a crime can be established.  An administrative case can be brought against the day care worker or the facility if applicable day care center regulations were violated and the licensing agency institutes action to require the day care center to pay a fine, institute policies or regulations, shut down, or take some other action due to the incident taking place at the day care center.  A civil case can be taken by the parents or guardian of the child to seek compensation for the damages / injuries caused to the child.  It should be noted that each incident and each type of legal matter should be evaluated based on the facts, circumstances, laws, and regulations.
Attorney David Wolf is the author of 11 books that focus on personal injury matters including those that related to child injury.   He is the author of the book titled Broken Trust – Abuse, Neglect, and Molestation – The Legal Rights of the Injured Child. This book has chapters on Medical Care – Treatment – and Documentation of Injuries, Injuries Associated with Child Abuse, Shaken Baby Syndrome – Head Injuries – and Traumatic Brain Injuries, Wrongful Death, Sexual Abuse, Typical Places Where Child Abuse Cases Happen, Schools – Day Care Centers – Youth Sports – and Church Related Activities, Mandatory Reporting of Child Abuse Cases, and Settlement – Compensation – and Damages.  You can get this book for free at Broken Trust – Abuse, Neglect, and Molestation.