Child Injury Lawyer Blog
By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Illinois and other States, children are injured or become ill in day care center playgrounds every day. It is important for day care centers to timely respond to the injury / illness, document the injury / illness, and contact the parents about the injury / illness. Pursuant to the Illinois Administrative Code, Title 89 – Social Services – Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 – Section 407.310, Health Requirements for Children, a day care center has a duty to contact the child’s parent or parents at the phone numbers provided in the file. If the day care center cannot get in contact with or reach the parents, the attempt to contact the parent(s) should be documented in the file. Major and even minor accidents are required to be documented and recorded in the child’s file. Reports of incidents or injuries should be prepared by the person in charge or responsible at the time of the incident / injury. The following information should be documented in the report: time of injury, place of injury, and factual details on how the injury occurred. When medical care is provided, a statement signed by a physician detailing the nature and extent of the injury is also required documentation for the child’s Illinois day care file.
In California, parents depend on day care centers / child care centers to properly supervise their children. Children need to be treated with due care, dignity, and respect. While the parent is not technically the person enrolled in the California child care center, the California Department of Social Services, the agency that licenses and regulates child care centers, requires that child care centers give the notice and sign an acknowledgement of receipt of the notice.
In Santa Clara, California and other States, school nurse perform a vital function every day. They are there to help supervise, examine, and care for school children. At times, teachers, administrators, school employees, parents, and visitors need the assistance and expertise of a school nurse while on school grounds. Eileen Bowden, a school nurse, collapsed and died after she helped save someone’s life. She was called into action when a man needed help at a school function. Eileen along with another person administered CPR. The incident took place at the Santa Clara (California) High School. Ms. Bowden helped save softball coach John Rahbar.
In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.
In Pennsylvania, a mother has been charged with the alcohol poisoning death of a 6 month old baby. Wyoming County Pennsylvania prosecutors are accusing Jessica Minor from Montrose Pennsylvania of giving her 6 month old baby alcohol to stop him from crying. The baby had a blood alcohol level of over .20 which was over two times the legal limit for Pennsylvania adult drivers. The baby died as a result of alcohol related poisoning. Jessica Minor has denied these charges. Questions do arise from a case of this nature:
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 
Prompted by the recent death of a four-month old Milwaukee, Wisconsin infant who was left in a child-care transport van, the State Senate and State Assembly have passed a bill which will require child-care van owners to install alarm systems in transport vehicles, necessitating van drivers to physically go through the van interior, to the back door, to disarm the alarm. See 
Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.