Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
A New Zealand woman (Itupa Julie Mikaio – age 40) has been charged and is being tried for causing serious personal injuries including head injuries to her three year old son. Prosecutors state that this mother beat her child because he wet his bed. Whether child abuse results in serious personal injuries requiring surgery like this case or just minor or no physical injuries, physical force should not be used as punishment or discipline. This is especially true due to the risk of serious personal injuries. There is also a psychological component to beating a child or threatening physical harm to a child. As evident by this story, child abuse and neglect is a worldwide program that still takes place every day to the detriment and harm of children. You can read more about the abuse that took place in New Zealand at Mother Beat Child Following Bed Wetting Incident.
In Boise, Idaho, children were removed by the Sheriff’s office after a search warrant revealed dirty / squalid conditions at the home. The parents (Stacey Marie Cox and Michael Cox) were living in the home with four children ranging from the age of 3 to the age of 8. Adults generally have the right to live as they please as long as the health, safety, and welfare of others including children are not affected. In this home, detectives found what was reported as “deplorable” conditions.
In Newark, Delaware, a mother (Tiffany Hyrcek – age 27) from Bear, Maryland, was in an automobile accident. Following the crash, Ms. Williams escorted her 10 year old daughter out of the vehicle to a near by sidewalk. Then, Ms. Hrycek fled. Yes, she left her 10 year old daughter alone at the accident scene. Why did Ms. Williams flee the scene? She fled the scene because she had warrants out for her arrest. Ultimately, she was arrested at her home any way; however, due to her actions at the scene of the automobile accident, additional charges were filed for the crime of Endangering the Welfare of a Child.
In Johnston, Rhode Island, a mother (Julia Castillo) pulled up to a day care center to pick up her 8 month old child. Something seemed different as she pulled up to My Special Place Early Learning Center. The parking lot was empty. Julia Castillo entered the security code which did not work. She then range the door bell and knocked on the door. There was no response. She then tried to call the day care center on her mobile phone. The calls went unanswered. All through this ordeal – Julia Castillo was thinking about her child who she dropped off earlier that day. Julia Castillo along with her 8 year old daughter (Beverly) then banged on the windows until they heard the cry of her 8 month old son – Christian Martinez – inside the day care center. The police were called and later arrived on the scene. Apparently, the owners, supervisors, and employees of the day care center had all left for the day. All employees failed to realize that Christina Martinez was left behind in a building all alone. While the child was crying, it does not appear that he suffered any serious personal injuries. However, the violations and negligence of the day care center cannot really be defended by the fact that there were no serious physical injuries.
In New York and other states, parents have both a legal and moral duty to properly supervise and protect their children. Small children should not be left alone at home because circumstances can arise that require parental supervision and intervention. One such circumstance is a fire. When a fire happens, small children often times do not know what to do or where to go. In many instances, children left alone when a a fire strikes and then engulfs a house suffer serious personal injuries and some even die. In Rochester, New York, Nicole Allen left three of her children home alone at midnight to go get beer. Yes, this mother left in the middle of the night on a beer run. A three year old died in the blaze. Two other children (a toddler and a newborn) suffered serious burn injuries. The fire took place in 2008.
In Nashville, Tennessee, a 17 year old girl could be tried as an adult for burning a 1 year old and a 3 year old with a hot curtain rod. While babysitting these children, the teen burned the children because they were crying. Crystal Neal and Henry House, Sr., the children’s parents, left their children (Anthony and Henry House) at home with a babysitter and a friend. Apparently, there were no prior problems with the babysitter.
In Richmond, Virginia, state officials with the Department of Social Services have recommended that the day care license for Yellow Brick Road Day Care be revoked. Lynne Williams, the Director of the Virginia Department of Social Services, issued this ruling or determination in response to the tragic death of Andrew Joseph Johnson who died in July 2009. The day care center left Andrew in a vehicle for 7 hours. The owner previously stated that she plans on fighting any decision by state officials to close down her day care center. Criminal charges have been filed and are being pursued against the owner and driver from the day care center.
In Monterey, California, William Aguirre-Fajardo, age 24, has been arrested on charges of child abuse and other criminal charges involving the death of a 8 month old boy. Aguierre-Fajardo was arrested following a report from the Lucile Packard Children’s Hospital in Palo Alto, California to Monterey, California police investigators. Mr. Aquierre-Fajardo claims that the child fell. Investigators and medical providers believe that the child actually died from Shaken Baby Syndrome. The injuries according to preliminary investigation were inconsistent with Mr. Aguierre-Fajardo version of the incident leading to injuries to the child. Medical providers including emergency room nurses and doctors have a duty to report any child who is the suspected victim of child abuse and neglect. Medical providers do not need to be absolutely certain that there is abuse or neglect. You can read more about this story at