Child Injury Lawyer Blog
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In New York and other states, day care operators, owners, and employees have a duty to report suspected abuse and neglect of children attending the day care program. Most states have statutes in place that require day care operators, teachers, counselors, doctors, and others to promptly report abuse and neglect. Why are such laws in place? It is simple – the laws are in place for the protection of children. A person like a day care operator does not have to witness the actual abuse or even be certain of the abuse. Most states require that the person reporting the abuse have a good faith belief or suspicion of abuse.
In Oregon, the Department of Human Services receives and investigates incidents of child abuse and neglect. Like many other states, Oregon has laws in place that define abuse. Abuse is defined by Oregon law by the effect on the child rather than the parent’s motivation.
The Connecticut Department of Children and Families has a duty to investigate reports and incidents of child abuse, neglect, and mistreatment.
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.