Articles Posted in State Specific Articles

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20tiled%20bottom.jpgDay care centers in North Carolina and other states provide children with recreational activities like swimming especially during summer months. Children love to play in and around water. Young children often times do not appreciate the dangers of water. Furthermore, young children lack judgment as to their swimming abilities or lack of swimming abilities. As such, North Carolina has set forth specific staffing requirements for staff ratios when children participate in aquatic activities which include boating, swimming, and visits to water parks. North Carolina day care centers are required to have the following staff ratios in place for aquatic activities:

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgDay care centers in North Carolina and other states provide children with a wide variety of recreational, exercise,and sports related activities. Children love to swim and play around water. While the aquatic and swimming activities can be quite fun for children, they can also be very dangerous. Tragically, as a result of improper day care supervision, negligence, or inattention, children suffer serious personal injuries including brain damage and wrongful death from drownings and related incidents.

Published on:

By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20school%20bus%20with%20big%20black%20front%20mirrors.jpgIn North Carolina and other states, it is important for day care centers / child care centers to implement safety measures when transporting children. North Carolina day care centers are regulated by the North Carolina Administrative Code Title 10 A – Health and Human Services – Chapter 9 – Day Care Rules.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgChildren placed in Delaware day care centers are the unfortunate victims of day care negligence. Simple measures can be taken by day care centers to reduce the incidents of injury and harm to children that take place in the day care center. Good Delaware day care centers know and follow the rules and regulations set forth in

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpgIn Delaware, children are the unfortunate victims of day care center negligence especially when the day care center fails to follow the rules and regulations set forth at the State of Delaware – Department of Services for Children, Youth and Their Families – Delacare – Requirements for Day Care Centers.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Wyoming.jpgThe Wyoming Department of Family Services regulates and licenses day care centers throughout the State. The Division of Early Childhood publishes a helpful checklist for parents to use when selecting a day care center. The checklist is also helpful for evaluating a day care center that a parent is already using for a child. Parents should educate and inform themselves about a day care center. The checklist provides the following advice:

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpg

In Delaware, it is important for day care centers to employ, train, and supervise qualified staff, employees, and volunteers. People who work or volunteer their time at day care centers in Delaware must meet with the Health Requirements set forth in the State of Delaware – Department of Services for Children, Youth and Their Families – Delacare – Requirements for Day Care Centers. What are the physical and mental health requirements for staff, employees, and volunteers of a Delaware day care center? Delaware law requires a written report from a licensed physician or nurse practitioner for a medical examination attesting to the health of the employee, staff member, or volunteer. The health status refers to both the physical and emotional ability to care for children. There also needs to be written evidence that the employee, staff member, or volunteer has been free from communicable diseases like tuberculosis within 1 year from the first day of employment at the Delaware day care center.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

boy%20walking%20with%20backpack.jpgIn Delaware, day care centers are required to train and properly supervise child care providers to make sure that children are cared for in a safe environment. Delaware day care centers are regulated by the State of Delaware – Department of Services for Children, Youth and Their Families – Delacare – Requirements for Day Care Centers. What requirements apply as to the reporting of abuse and neglect? Under the Delacare regulations, a day care center must have each employee sign a statement that clearly defines child abuse and neglect. Under Delaware law, a day care worker must report all incidents of child abuse to the Division of Child Protective Services. A day care center in Delaware must have written procedures / policies in place for the handling of suspected child abuse or neglect inflicted or committed by an employee of the day care center. The procedures must also include provisions for the termination of an employee involved in a founded incident of child abuse if continued employment would put children at risk.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Delaware.jpg

In Delaware, day care centers are regulated by the State of Delaware – Department of Services for Children, Youth and Their Families – Delacare – Requirements for Day Care Centers. Are Delaware day care centers required to carry liability and fire insurance to cover for personal injuries and / or the wrongful death of a child injured as a result of the negligence of the day care center? The answer is yes. There is a regulation in place that requires liability insurance. Unfortunately, it does not appear that the regulations require a particular amount of liability insurance to comply with this requirement. As such, a facility may be in compliance by carrying a minimal amount of insurance. For instance, a mere policy with a cap of $25,000 may comply with these regulations. Of course, many child injuries involve damages that are far greater than $25,000. The day care center is still responsible for all the damages suffered by a Delaware child as a result of negligence regardless of the amount of insurance in place. Good and responsible Delaware day care centers carry a sufficient amount of insurance so that an injured child and the child’s family can recover adequate compensation through the liability insurance. Having sufficient liability insurance also helps protect the assets of the day care center and the day care center’s ability to continue operations from a financial standpoint in the future.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20New%20York.jpgIn New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

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