Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Kentucky and other States, children are enrolled in day care centers so their parents can work jobs and take care of other obligations during the typical day. In most cases, children are watched and supervised in a caring environment by trained child care workers and providers. Unfortunately, some day care providers either have a bad day and take it out on the children or just do not have the training, temperament, or personality to care for young children. When a child is struck, hit, slapped, punched, or otherwise subjected to corporal punishment, there may be a civil claim or case against the day care center or child care provider. In addition to a civil case, there may be a criminal prosecution against the day care provider or worker who struck or hit the child. In some of these incidents, there is even videotape or photographic evidence of the crime / incident taking place.
When a child is enrolled in a day care center in Montana and other States, parents rely on the day care center to provide a safe haven for the child. The day care center staff should use its best efforts to protect the child while being supervised at the day care center. When children are present, there are always risks of injury and because of this – it is important that the supervision is constant and timely. Other children enrolled or present at the day care center can also present a risk to a child. Whether it is bullying acts or just carelessness, there are child against child crimes or incidents reported at day care centers. Some are unforeseeable and unpreventable while other incidents can certainly be prevented with better supervision of the children enrolled in the day care center. It is most unfortunate and tragic when a child is injured or sexually assaulted at a day care center. When an incident takes place, there are three types of cases that may result from the incident:
In Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.
In Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.
While a child is under the care of a babysitter, parent, grandparent, day care center, school, or other person or entity, the child should be provided with a safe and clean living environment. Unfortunately, there are many inexperienced or inpatient child care providers out there who use means to punish or discipline a child that can cause serious personal injuries to the child. The fact that certain disciplinary acts have a long history do not make them safe, legal, or morally right. Using scalding water as a form of discipline can lead to serious personal injuries. In addition, the person, who uses this technique of discipline, may face criminal charges especially in situations in which the abused child is hospitalized or otherwise needs medical care and treatment.
In Nebraska and other States, parents rely on day care centers, babysitters, and schools to supervise their children and keep them safe. Unfortunately, in some instances, these child care providers neglect children under their care and cause serious personal injuries to children and sometimes even death. In Nebraska, a babysitter was sentenced to a prison term of up to 4 years. Pamela Johnson pleaded no contest to the charges of intentional child abuse and first degree assault on a child. Law enforcement officials and prosecutors pursued the case based on evidence that showed that the child victim had injuries consistent with Shaken Baby Syndrome. See 
Jordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend’s child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child’s home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.