By David Wolf, Child Injury Lawyer
In day care centers in Missouri and across the nation, children are unfortunately subjected to various forms of corporal punishment in day care centers. Most states have a prohibition according to the day care center government regulations against corporal punishment. Despite these regulations, some day care center workers, for some reason or no reason at all, subject a child to corporal punishment.
In St. Louis, Missouri, there was a lawsuit filed against the Zion Lutheran Church, its daycare, and its employees, for the alleged abuse of a four-year-old girl. It was reported that the teacher at the daycare wrapped the child’s legs in duct tape after saying “I have some shiny red duct tape with your name on it.” The child admitted to running around when she was supposed to be napping, which is said to be the reason the teacher put duct tape on her legs in the first place. After the tape was put on, another member of the staff told her the tape would be removed when she behaved, which shows it was intended as a means of punishment. When the parents addressed the situation to staff, the situation was laughed over, and comments were made about how hyper their daughter can be. It was reported that the daycare teacher has been said to have used duct tape as a means of controlling a child with two much energy. As a result, this family’s lawsuit alleges false imprisonment and assault, among other things, and is seeking over $25,000 in damages. It should be noted that many courts have jurisdictional amounts or thresholds. In other words, an action can be pursued in a particular court if the amount in controversy if over a certain amount of money. As such, in many cases, it is difficult to determine from the pleadings alone the amount that is ultimately being sought by the plaintiff / family of the injured child.
By David A. Wolf, Child Injury Lawyer
In Minnesota and other States, working parents rely on day care centers so that the parents can provide for their children. While parents, given a choice, would have one parent at home or a family member at home to raise the child during the tender years, the economic realities of life make it necessary to put a child in a day care program. Some day care programs are excellent while others are operated by ill equipped and trained people who open a day care center for the sole purpose of making a living. The substandard day care centers often fail to get licenses, fail to train their staff, and fail to look after the best interest of the child. In addition to training of staff and maintaining a safe environment, there is something else that is needed in every day care center in the form of “patience”. It is well known that children, especially infants, will cry and fuss. Because of this, it does take a certain temperament, personality, and, yes, patience to properly care for a child in a day care center.
A bizarre set of facts took place recently in Minneapolis, Minnesota. It was reported that a day care center provider got fed up with her job and placed a child in a noose to hang the child. The day care provider then took off in a vehicle in a hurry and then got into an automobile accident that was reportedly her fault. You can read more about these incidents at Day Care Center Faces Criminal Charges in Minneapolis Minnesota Following Hanging of Baby.
In Oklahoma and other states, hard working parents rely on day care centers for the proper supervision and education of their children. With both single parents and dual income parents, day care centers have become a necessity in order for parents to support their children. Most day care centers do a fine job in caring for children in a loving and nurturing way; however, there are far too many child care providers out there who lack the maturity, patience, responsibility, and common sense to serve as a proper day care provider. While it should be well known out there that shaking a baby, infant, or toddler can cause serious permanent injuries, there continues to be incidents reported that children have been injured by forceful shaking, corporal punishment, and / or the hitting of a child. This, in turn, caused serious head and brain injuries to child who was supposed to be cared for rather than harmed in the day care center setting and environment.
By David Wolf, Attorney
Published by Child Injury Lawyer Blog
In Connecticut and other States, day care centers, schools, and summer camps should be safe havens for children. Unfortunately, at these very locations, children are subject to abuse, neglect, and corporal punishment. Let’s face it. Children, at times, will misbehave and fail to follow instructions. However, this is no reason for hitting or striking a child in a day care, school, or summer camp setting. In fact, there are no good reasons to justify the abuse, neglect, corporal punishment, or exploitation of a child. When a child is abused or neglected in a child care setting, there may be one or more legal proceedings that result from the alleged bad conduct of the day care provider. There may be an arrest or criminal prosecution in the form a criminal case. There may be a fine levied against the day care center or a suspension of the license in the form of an administrative procedure. There may also be a civil case or claim against the individual day care center provider and / or business for the injuries / damages suffered by the child. It should be noted that the pursuit of any one of the three types of cases are not dependent on each other. For instance, a civil case or claim can be pursued even if there are no criminal charges filed.
By David Wolf, Attorney and Samantha Vloedman, Law Clerk
Published by Child Injury Lawyer Blog
When a child is being cared for at a day care center, school, summer camp, or other person / entity, a parent should be able to rely on the good nature of people and organizations that the child will be cared for in a nurturing manner by adults who really promote the best interests of their child. Unfortunately, people in trust like child care providers, babysitters, and even family members use these unique opportunities to abuse, neglect, and molest the very children under their care.