Articles Posted in Minnesota

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By David A. Wolf, Child Injury Lawyer

Toy Blocks E & AIn 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.

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By David Wolf, Attorney
Football ConcussionsIn high schools across the country, there is a tradition of sportsmanship, athleticism, school spirit, and, yes, concussions.   It is estimated that a high school player averages 650 head impacts per season.  Dr. Steven Miles and Dr. Shailendra Prasad of the University of Minnesota have taken a bold position that football be removed from schools across the country.  This is a bold statement at this time; however, as more information is gathered and studies regarding concussions and the long term effects on academic performance, memory, and cognitive functioning, more medical providers and other concerned people will join in and recommending and pushing for the ban on football.  Time will tell what happens and what social forces and influences will be put in place.  While football equipment has advanced over time in the form of helmet technology and padding, there does not appear to be any safety measure that has been put in place that can effectively prevent all or most concussions from taking place.  This will only happen with either a ban on football completely OR a drastic change in the way in which football games are played. You can read more about the position taken by these medical providers at Minnesota Doctors Recommend that High School Football Be Eliminated
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Day Care Center Sleep and Nap TimeParents rely on the day care centers and child care centers for the supervision of their children.  There are some obvious risks that need to be accounted for in and around the day care center.  For instance, if the day care center is in a busy commercial area, children should be closely monitored to prevent a child from wandering out the door or wandering out of the fenced area and into traffic.  Wandering into traffic is an obvious danger.   A not so obvious danger involves sleep or nap time. One would think that the safest place for a child at day care center would be the crib or the sleeping area.  One would think that a child could not possibly be harmed while engaged in the relaxing slumber of a good sleep or a good nap.  However, this is the very time and place in which many children are harmed especially toddlers and newborns when the sleep area is unsafe for the age or size of the child AND / OR when the sleep or nap time supervision is lacking or dangerously non-existent.   Most states in the day care and child care regulations set forth rules, guidelines, and regulations for sleep time / nap time related responsibilities of the day care center. One such state is Minnesota.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Building Block - M - Day Care CenterIn Minnesota, day care centers are only as good as the staff that they hire.  It is important that a day care center perform a background check, train, and otherwise supervise the staff members providing care to the children enrolled in the day care program.  Due to a lack of training, supervision, or just inaction, apathy, or lazziness on behalf of the child care provider, children are far too often injured while under the care of a Minnesota day care provider.   There are two major reasons why children are harmed while under the care of a day care center:  1. Improper Maintenance of the Day Care Center; and / or 2. Improper Supervision.   Let’s address the second reason:  Improper Supervision.

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By Keith Kerfeld, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Crayons - Different Colors

For busy working parents in the State of Minnesota, it is important for a parent to select a day care center that is well run, clean, safe, and staffed with caring and trained child care providers.  It is typically a wise decision to select a day care cente that is licensed.  While a license is not guarantee that a day care is safe, the lack of a license should be a warning sign to parents during the selection of a day care center.   In Minnesota, day care centers are required to comply with Chapter 245A – Human Services Licensing, Minnesota Statutes, in order to obtain and maintain a day care center license.  Pursuant to Section 245AA.04 Application Process, Subdivision 4, a day care center applying be inspected by the Commissioner of the Department of Human Services which shall include but is not limited to the following:

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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fireworks - Child SafetyDuring the month of July and especially on or near the Fourth of July, fireworks are commonly ignited. Some fireworks are set off at the family home while others are at a more former celebration like a public park, downtown area, community center, or stadium.  It is vital that fireworks are ignited in the safest manner possible.  Unfortunately, despite the known risks of fireworks, children are injured every year.  Many such personal injuries are preventable.

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By  Keith Kerfeld, Attorney and David Wolf, Attorney
Crayon Colors

Day Care Center Regulations – Minnesota

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By Rob Shainess, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

CPR.jpgMinnesota law now requires day care workers take a CPR course before working with children. The new law is called “Hannah’s Law”. Hannah’s law requires that all Minnesota day care center personnel, including teachers, assistants and staff who transport children, be CPR certified. The law came about as a result Hannah Kozitza’s death last summer, a four-year-old who suddenly choked on a grape at a day care center in North Mankato, Minnesota.

Under Minnesota’s previous laws, only one person in a day care was required to be trained in CPR. Charlie Brown day care center, located in Mason City, requires all of their employees to be CPR certified, regardless of how much they work. Kim Tabbert, the Assistant Director of the day care said, “We just want to make sure all our kids are safe. It’s a comfort to the parents; it’s a comfort to the staff to know that the people you are working with are trained in this.”

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By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgMinnesota day care centers are regulated by the Minnesota Administrative Code Rule 9502.0415 as to Activities and Equipment. Pursuant to Subpart 1 and Subpart 3 of this Rule, day care centers must provide for the physical, intellectual, emotional, and social development of the child. These activities must meet the following requirements:

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By Rob Shainess, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpg

Minnesota Administrative Rules – Chapter 9502 – Licensing of Day Care Facilities – governs the licensing and the regulation of child care centers / day care centers in the State of Minnesota. It is important that child care / day care facilities follow these rules and regulations for the safety and welfare of the children under their care. When visiting a day care center, it is helpful for parents to have a general understanding of these regulations to determine if the facility / owner / and employees are following the appropriate rules, regulations, and standards.