Child Injury Lawyer Blog
Watching a child in a day care center, child care center, or school requires that the child care worker be alert, awake, energetic, and diligent. Alcohol and illegal drug use certainly interfere with a person’s faculties to drive, make decision, and, yes, watch children. Most states have laws in place for day care centers and schools that prohibit a person from being under the influence of alcohol or illegal drugs when caring for children. In addition to the laws being in place, it is just common sense. Outside of the day care and school settings, some parents, caregivers, and adults often times drink excessively around children which also puts children at risk. It is just best to avoid alcohol and drugs during or near the time that a person is responsible for the supervision of a child.
In Alabama, child day care centers have a duty to provide children with a safe physical environment as to prevent personal injuries and wrongful death of children in the day care setting. Pursuant to Minimum Standards for Day Care Centers Regulations and Procedures, State of Alabama, Department of Human Resources, facilities have duties and responsibilities as follows:
Getting drunk can literally kill a child. In Indianapolis, Indiana, a mother was sentenced to 15 years of prison for suffocating her child. Police reported that Latasha McMorris (age 25) was found lying on top of 2 year old (Sheldon Bartley, Jr.) after she had passed out in a motel room in Indianapolis, Indiana. Officer reported that bottles of gin and vodka were found in the motel room. McMorris’ boyfriend had called 911 about the incident.
Religious cult leader Wayne Bent was sentenced to a prison term for sexual misconduct with a female follower. Bent, who is 67 years old, was sentenced to a maximum term of 18 years. At the sentencing hearing, Bent denied that he committed any wrongdoing and claimed that he did not touch any of the girls sexually. A jury concluded otherwise on this case. Of course, the case of Wayne Bent is not the first case that a religious leader has used his position of trust to molest and sexual abuse a child.
Winter weather brings sub zero temperatures to many parts of the United States including Iowa. In Laurens, Iowa, authorities found a 7 year old walking around in sub zero temperature alone with inadequate clothing. The child was found and put in protective custody. The child had walked at least a half of a mile. The boy was so cold that he couldn’t speak. If the boy had spent more time outside, he was at risk for hypothermia and even death. The boy’s parents, Eugene and Stacy Lane, were cited for child endangerment by local police and then released. The child now will be subject to proceedings by the State in which the parents will need to appear. I expect that the State of Iowa will require the parents to participate in a parenting plan in order to regain custody of the child unless there are instances of neglect and abuse from this household.
An international operation to help rid the world of some child predators and pornographers reeled in 170 people around the world. The operation was called Operation Joint Hammer. 61 of those arrested were located in the United States. It is most disturbing that this is a world wide problem. Many young girls, who were captive victims of sexual abuse, were rescued in this operation.
Are Day Care Centers in Maine required to carry liability insurance? The simple answer to this important question is Yes. Liability insurance will cover medical bills and the pain and suffering of an injured child that result from the negligence or lack of supervision of the day care facility and its employees. The Maine Department of Heath and Human Services (DHHS) requires that day care centers have liability insurance in place of at least $100,000. There are some exception for this requirement if a person is using his or her own home for a day care program. Most day care centers are operated as a business outside of one’s home. A children’s day care facility or center is defined as a house or other place in which a person carries out a regular program for consideration (i.e. payment, money) for any part of the day for the care, protection, and supervision of three or more children under the age of 13 years of age.