By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Alabama and other States, children are injured in day care centers every day. Many of the personal injuries take place outside and in the playground area. The State of Alabama – Department of Human Resources – Minimum Standards for Child Day Care Centers – Regulations and Procedures – sets forth minimum safety requirements for playgrounds located at child day care centers.
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.
By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Maryland has day care centers and child care centers throughout the State. The State Board of Education sets forth standards for day care centers / child care centers pursuant to Title 13 A State Board of Education – Child Care Licensing. Under Regulation 13A.16.05.12. 12, the State of Maryland sets minimum standards for Outdoor Play or Playground areas. In particular, a day care center / child care center shall have an outdoor play area (playground) that is adjacent or easily accessible to the center providing ample play space. Each day care center / child care center must keep the outdoor play area free from hazards that may cause personal injuries or danger to the child. Hazards would include broken fences, broken playground equipment, unprotected or unfenced waterways, holes in the ground, glass or other sharp / dangerous objects, and poison ivy. Many injuries to children in Maryland can be avoided with good and consistent maintenance and supervision of outdoor play areas / playgrounds.
By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Wisconsin Department of Children and Families published helpful tips on Choosing a Child Care Center / Day Care Center. The tips should be considered and utilized by parents in selecting a child care center / day care center. Unfortunately, children are injured every day in day care centers in Wisconsin and throughout the United States. Carefully selecting a day care center may help reduce the risk of injury to children in day care centers. Just because a facility has passed inspection and has no violations does not guarantee your child’s safety; however, it is one indication or factor to use when selecting a day care center.
By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Day care centers / child care centers are regulated by Title 13 A – State Board of Education Subtitle 16 Child Care Centers. Child care is defined as the care of supervision of a child in Maryland during times that the parent has given or permitted the child’s care to another for a portion of a 24 hour day. The Maryland regulations stated that child care does not include group lessons or classes like piano lesson, karate lessons, etc. . . unless the lessons are provided as a pattern that indicate that the business is operating as a child care center. Scouting activities (Boy Scouts, Girl Scouts, and other groups) are also excluded as day care centers.
By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Mississippi, school bus drivers need to have background checks before they are hired to drive our children. Recently, a school bus driver in Jackson County, Mississippi, had two bus accidents in less than one month. The second wreck caused five children to be hospitalized when the bus ran off the road and overturned. Fortunately, the first wreck involving this same bus driver only caused property damage and no injuries.
By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Georgia, day care centers / child care centers have a duty to provide a safe physical environment for the children. These regulations, if followed, help prevent serious personal injuries and death to children in Georgia day care centers. Pursuant to Chapter 290 -2-2.12 (z) Physical Environment and Equipment, a Georgia day care center shall keep the following items / areas locked and away from access from children in the day care center:
By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Camden Belfield died in July 2008 after touching a light pole at Bartonville Park in Peoria Illinois. The wiring was insufficient and not properly grounded according to an investigation of the incident. It is most unfortunate that 8 year old Camden Belfield died due to inadequate safety measures for the light pole. The incident happened while Camden was playing tag with friends at approximately 9 p.m. at night on July 20, 2008 when he came in contact with the wooden light pole. Apparently, the light pole and its wiring had been deficient since the year it was installed in 1994. The school district owned the property and leased it out to the Limestone Girls Softball Association for its use. A lawsuit was later filed for the wrongful death of Camden Belfield.
By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Wisconsin, as does most states, requires that school bus drivers pass a criminal background check prior to receiving a school bus driver’s license endorsement. Although Wisconsin allows school bus drivers to have felony convictions, it does provide a detailed list of felony convictions, including convictions for operating a vehicle while intoxicated, which will disqualify a person from being a school bus driver for periods of time ranging from two years to a lifetime disqualification. You can read more about the qualifications for school bus drivers in Wisconsin at the Official Department of Transportation Website for Wisconsin. Federal and State governments establish school bus driver qualifications and standards, and drivers must comply with both the Federal regulations and requirements located at the U.S. Department of Labor Website in addition to any State regulations which exceed the Federal requirements. You should check with your own State’s Department of Transportation to determine what State regulations apply to school bus drivers in your state.
By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
What are the staffing requirements for Missouri day care centers? Pursuant to 19 Code of State Regulations Section 60.050 – Staffing Requirements, a day care facility has a legal duty to provide supervision and basic care of all children in the day care facility program. In particular, staff members must provide care to promote the health and safety of the children. In addition, staff members shall not be under the influence of alcohol or illegal drugs when providing care for the children. There are specific staff ration requirements set forth by the Missouri Code of State Regulations. The staff ratios are dependent on the age of the children and the number of children in a group being supervised by the day care facility.
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