Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Kansas and other Stated, day care owners / operators and child care workers have a duty to provide each child with a safe and clean environment. Tragically in Olathe, Kansas, a little girl (Ava Patrick) died in April 2009. An investigation revealed that Ava died as a result of getting her neck caught in part of a wooden fence used to enclose children in a room at the day care facility. It was also revealed that the day care center had capacity for 6 children yet had 14 children in the facility at the time of the incident. Jeanette Lawrence, the day care operator, has been charged with involuntary manslaughter, aggravated endangerment of a child and violating day care regulations. You can read more about this story at Kansas Day Care Operator Is Charged with Crimes Involving Death of Child at Day Care Center.
A Penndel Pennsylvania day care center (Fairy Tales) was recently re-opened following the tragic death of a child who was left unattended in the owner’s vehicle. The Pennsylvania Department of Public Welfare subsequently found record keeping violations and some potential safety violations. The day care center is being defended by an attorney (Mike Mustokoff) who denies that the day care center is unsafe or a danger to children.
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-604 – AAC – Outdoor Activity Areas, a child care facility / day care center has a duty to provide a playground or outdoor activity area for children enrolled in the day care program. A day care operator should not place the outdoor play activity in an area that requires children to cross a parking lot or street unless the operator obtains written approval from the Department. In addition, operators have a duty to enclose the outdoor play area / playground with a fence that is a minimum of 4 feet high and secured to the ground. A proper fence will help prevent children from wandering out of the secured play area. The playground area shall be maintained in a manner that protects the health, safety, and welfare of the children. Many personal injuries result from improper or inadequate ground services. As such, Arizona law requires that a child care facility have a shock absorbing rubber material or, in the alternative, 6 inches of of a nonhazardous material like loose sand or wood chips under swing sets and other play equipment. These materials help cushion falls and, thereby, help prevent personal injuries to children playing in the playground area.
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-40 – Staff-to-Children Ratios AAC, a licensee has a duty to staff the child care facility according to prescribed staff to children ratios to comply with the child care regulations. Facilities that are compliant with staff ratio standards typically have a better record of supervision. Many personal injuries and tragedies take place in day care centers that are understaffed. Facilities that violate staff to children ratios often times violate other standards that help promote and ensure proper supervision of children in the day care setting.
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to 
The Oklahoma Department of Human Services took action to shut down a child care center (Creations Childrens Learning Center). It was reported that the center was closed after a child was injured without the staff’s knowledge due to a lack of supervision. A parent of the injured child had discovered the injury and the child was taken for medical treatment at an emergency room. Previously, a child had left the child care center and no staff members noticed immediately. The Department of Human Resources report that both incidents were due to a lack of supervision. The Department of Human Resources licenses and regulates day care centers / child care centers in Oklahoma.
