Child Injury Lawyer Blog
By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Monterey, California, William Aguirre-Fajardo, age 24, has been arrested on charges of child abuse and other criminal charges involving the death of a 8 month old boy. Aguierre-Fajardo was arrested following a report from the Lucile Packard Children’s Hospital in Palo Alto, California to Monterey, California police investigators. Mr. Aquierre-Fajardo claims that the child fell. Investigators and medical providers believe that the child actually died from Shaken Baby Syndrome. The injuries according to preliminary investigation were inconsistent with Mr. Aguierre-Fajardo version of the incident leading to injuries to the child. Medical providers including emergency room nurses and doctors have a duty to report any child who is the suspected victim of child abuse and neglect. Medical providers do not need to be absolutely certain that there is abuse or neglect. You can read more about this story at California Toddler Dies as a Result of Suspected Child Abuse – Shaken Baby Syndrome.
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 Idaho and other states, parents entrust the safety and welfare of their children. It is the duty of a babysitter to act in the best interests of the child and make sure that the child is kept safe under the babysitter’s supervision and guidance. In Post Falls, Idaho, a 28 year old woman (Summer Nelson) is charged with the crime of having sex with a 14 year old child under her care. It was reported that the woman molested the child on at least 4 occasions and expressed her love for the child to others.
