Child Injury Lawyer Blog
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.
In Utah and other States, parents have a duty to provide shelter, food, and proper supervision of their children. In addition, parents have a duty to make sure that a child gets a proper education and medical care as well. In Vernal, Utah, KSL NBC TV 5 reported that a 7 year old boy had toe / foot injuries that did not get timely medical care. As a result thereof, amputations of parts of the foot / toes were required. The Division of Child and Family Services and the Uintah County Sheriff’s Office investigated this incident and the boy’s mother (Michelle Napolitano) and step father (Francis Napolitano) were arrested on charges of inflicting serious injury on a child.
In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.
After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.
A medical study in Pediatrics –
A Pennsylvania day care owner is facing a criminal trial for the death of a child under her care. Last summer, a 2 year old died from hyperthermia when he was left unsupervised and unattended in a hot car by Rimma Shvartsman. Ms. Shvartsman, through her criminal defense attorney, will present a defense involving a mental infirmity because she had found out just hours before the alleged criminal acts that her thyroid cancer had returned.
Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.
When word first came out that Christopher Kayden Roedel had been struck and killed in a traffic accident, police said that no charges would be filed in the case. The child was struck by a pickup truck as he was running across a busy street after dark and was pronounced dead at the scene.
Dr. Ben Leichtling is the author of the book “How to Stop Bullies in Their Tracks.” He recently posted a blog article in response to a parent whose four year old child was being bitten and punched by a classmate. The parent felt that the other child might be too young to realize what he is doing, and the fact that the school has done nothing to discipline the child has made the mother feel that maybe she is overreacting to “normal” kid stuff.