By David Wolf, Child Injury Lawyer
In day care centers in Missouri and across the nation, children are unfortunately subjected to various forms of corporal punishment in day care centers. Most states have a prohibition according to the day care center government regulations against corporal punishment. Despite these regulations, some day care center workers, for some reason or no reason at all, subject a child to corporal punishment.
In St. Louis, Missouri, there was a lawsuit filed against the Zion Lutheran Church, its daycare, and its employees, for the alleged abuse of a four-year-old girl. It was reported that the teacher at the daycare wrapped the child’s legs in duct tape after saying “I have some shiny red duct tape with your name on it.” The child admitted to running around when she was supposed to be napping, which is said to be the reason the teacher put duct tape on her legs in the first place. After the tape was put on, another member of the staff told her the tape would be removed when she behaved, which shows it was intended as a means of punishment. When the parents addressed the situation to staff, the situation was laughed over, and comments were made about how hyper their daughter can be. It was reported that the daycare teacher has been said to have used duct tape as a means of controlling a child with two much energy. As a result, this family’s lawsuit alleges false imprisonment and assault, among other things, and is seeking over $25,000 in damages. It should be noted that many courts have jurisdictional amounts or thresholds. In other words, an action can be pursued in a particular court if the amount in controversy if over a certain amount of money. As such, in many cases, it is difficult to determine from the pleadings alone the amount that is ultimately being sought by the plaintiff / family of the injured child.
By David A. Wolf, Child Injury Lawyer
In Minnesota and other States, working parents rely on day care centers so that the parents can provide for their children. While parents, given a choice, would have one parent at home or a family member at home to raise the child during the tender years, the economic realities of life make it necessary to put a child in a day care program. Some day care programs are excellent while others are operated by ill equipped and trained people who open a day care center for the sole purpose of making a living. The substandard day care centers often fail to get licenses, fail to train their staff, and fail to look after the best interest of the child. In addition to training of staff and maintaining a safe environment, there is something else that is needed in every day care center in the form of “patience”. It is well known that children, especially infants, will cry and fuss. Because of this, it does take a certain temperament, personality, and, yes, patience to properly care for a child in a day care center.
A bizarre set of facts took place recently in Minneapolis, Minnesota. It was reported that a day care center provider got fed up with her job and placed a child in a noose to hang the child. The day care provider then took off in a vehicle in a hurry and then got into an automobile accident that was reportedly her fault. You can read more about these incidents at Day Care Center Faces Criminal Charges in Minneapolis Minnesota Following Hanging of Baby.
Published by Child Injury Lawyer Blog
Published by Child Injury Lawyer Blog
Unfortunately, spankings and corporal punishment are still prevalent in many communities. It is a tradition that has been literally handed down from generation to generation. While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities. Some church based or religious based institutions may have an exception from such State regulation. Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment. Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely. Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
As a Child Injury Lawyers, we are often asked the following question: Does corporal punishment have a place in day care centers? The simple answer to this question is No. Most States prohibit any form of mental or physical corporal punishment in day care centers. In other words, there are specific laws and / or administrative code proceedings that prohibit this kind of conduct in day care centers. While some parents believe in corporal punishment and would acquiesce if a day care center implemented some forms of corporal punishment, it is typically prohibited. Of course, each State has its own rules, laws, and regulations. As such, the applicable provisions should be reviewed, considered, and enforced when there is an issue, concern, or report of corporal punishment taking place in a day care center. Often times, corporal punishment in a day care center is implemented without any concern or thought as to the physical or psychological impact of the child. Furthermore, many acts of corporal punishment are implemented without the knowledge or consent of the parents. In many instances, the implementation of corporal punishment is an indication of the immaturity of the care givers as well as their lack of training and supervision.
By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network
In Kansas, day care centers and child care centers are subjected to State laws and ordinances. Among the various laws and regulations are those that are related to corporal punishment and discipline of children in day care centers and child care centers. Under Kansas law, a day care center / child care center is prohibited from implementing corporal punishment against a child. This is a good law that should stay on the books. Unfortunately, other States have laws in place that allow corporal punishment even against day care center aged children. Corporal Punishment should be prohibited conduct in every day care center. Even in States in which corporal punishment is allowed or permitted under State Law, day care centers and child care centers should avoid using this form of punishment / discipline as it can lead to serious physical and emotional injuries to children. Furthermore, many child care providers are not well trained in safe methods of corporal punishment and often times exceed what is allowed or legal in States in which corporal punishment is permitted. If a child suffers an injury requiring some form of medical care, there is a strong likelihood that the corporal punishment was excessive. This, in turn, may lead to criminal and / or civil proceedings against the day care center and the employee.
When a child is injured as a result of corporal punishment or discipline in a day care center, school, summer camp, or other location, a parent should consult with a Child Injury Lawyer for advice and legal representation. A Child Injury Lawyer can advise a parent as to the right to compensation for past medical bills, future medical bills, pain, suffering, loss of enjoyment of life, and other issues. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.