Child Injury Lawyer Blog
By David M. Baum, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network
In one year alone, over one million children will become victims of some sort of child abuse and neglect in this country. An abused child is generally considered to be: “a child whose physical or mental health is harmed or threatened with harm, or by the acts of omission of a person responsible for his/her welfare.”
In Rockford, Illinois a day care worker was charged with sexually assaulting children while working at Tiny Tots Daycare on Chateau Lane. The perpetrator, Kevin Yates, 56 was charged with two counts of predatory criminal sexual assault of a child, three counts of criminal sexual assault and nine counts of criminal sexual abuse. The known victims are a five-year-old and a teenager, but it is believed that more children might be involved. Yates had been working at the day care center in Illinois since 2005, which the Department of Children and Family Services recently shut down. The current charges cover a span of two years. Yates is being held in the Winnebago County Jail on a one million dollar bond and is expected to appear in court on June 9, 2011.
Parents naturally have many fears when it comes to their children. But, possibly the worst nightmare a parent can have is finding out that their child has been abused while in the care of someone else.
The number of victims of child sexual abuse and molestation grows each year. According to the U.S. Justice Department, roughly 32% of girls and 14% of boys are molested before the age of 18. In addition, nearly 2/3 of all sexual assaults reported involved minors and roughly 1/3 involved children under the age of 12. In most cases, child molestation goes unreported. Estimates are that only 35% of sexual abuse is reported. The reason may be because kids are frightened or embarrassed to say anything.
Child abuse is described as any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often accompanied by an injury or series of injuries appearing to be non-accidental in nature.
A day care worker was arrested for allegedly injuring a young child in Huntsville, Texas. A 10-month-old was treated for bruises to the face, neck, and torso at Huntsville Memorial Hospital, and then transferred to Texas Children’s Hospital in Houston for observation. The baby was released to the parents the next day.
Sexual harassment in schools is unwanted and unwelcome sexual behavior that interferes with a student’s right to receive an education. The problem is more prevalent than you might think because most students who become victims are too embarrassed or scared to report sexual harassment. Sexually harassing behaviors range from words (written or spoken) and gestures to unwanted physical contact that can cause a substantial interference with a student’s schoolwork or ability to participate in extracurricular activities. Some instances of sexual harassment may also be criminal acts such as assault, rape, and child abuse.
Shaken baby syndrome is a form of child abuse that causes traumatic brain injury when a baby is violently shaken. The characteristic injuries of shaken baby syndrome include subdural hemorrhages (bleeding of the brain), retinal hemorrhages (bleeding of the retina), damage to the spinal cord and neck, and fractures to the ribs and bones. Symptoms include convulsions, vomiting, irritability, lethargy, poor feeding, and pale or bluish colored skin. Shaken baby syndrome usually occurs in children younger than two years old but could occur in children up to the age of five.
In Colorado and other States, parents put faith and trust in both their church and day care center. Parents expect that the church day care center is a safe haven for their children and that there children will be provided with a learning environment that promotes the health, welfare, and education of the children. Unfortunately, in some day care centers in Colorado and other States, children are sexually molested and assaulted by day care workers and employees who are supposed to supervise and protect the children under their care. The molestation at a church day care center is among the most heinous acts and crimes imaginable for a parent.
In Texas and other States, summer camp should be a time for fun and adventure for children. Summer camp should also be a place where a child is cared for and supervised in a safe, healthy and supportive environment. Unfortunately, many children are abused and neglected each summer at summer camps. Some are raped. Some are molested. Many others suffer serious personal injuries and death due to the negligence of the camp operators, counselors, and / or support staff. In Kerrville, Texas, a former summer camp counselor recently struck a plea deal during a trial where the counselor was being prosecuted on aggravated sexual assault of a child and indecency with a child Texas criminal charges. The charges stemmed from allegations that a boy, who is now 11 years old, was molested / fondled as he left a shower area at the summer camp. It was reported that the family was disappointed in the camp’s actions or inactions in response to the counselor’s alleged inappropriate conduct with the children after the children had showered. The counselor denied the allegations of molesting the boy. Of course, trials, both civil and criminal, take place every day when there is a dispute over the allegations or facts. Without an admission, photographs, video tape, and multiple eyewitness accounts, it is often difficult to prosecute cases of alleged abuse and molestation at a summer camp, day care center, or other location. In some cases, there is forensic medical evidence showing the improper and forceful conduct. It should be pointed out that each case, whether civil or criminal in nature, must be evaluated by its own facts and the application of the the State and sometimes Federal law on point. For more information regarding this Texas trial and plea deal, see 