Articles Posted in State Specific Articles

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

dog%20behind%20bars.jpgIn South Carolina, a dog owner is liable to a child or other injury victim of a dog bite that takes place in a public place or on the dog owner’s property. Pursuant to Section 43-3-110 – Liability to Person Bitten or Otherwise Attached by Dog, Section – South Carolina Code of Laws, a dog owner is legally liable and responsible for the damages caused to the person bitten. Whether the dog bite / dog attack victim is a South Carolina child or adult, the injuries can be quite serious. Serious dog bites require surgery, antibiotic and wound care treatment, and leave permanent scarring. In some cases, infections can cause both short term and long term health complications for the dog bite victim. Some dog bite victims have required extended hospitalizations for infections that did not respond to anti-biotic treatment.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Michigan and other States, children are often times abused and neglected in child day care centers. When it comes to discipline, many Michigan child care providers use a fist or a belt rather than a calm voice and reason when dealing with children. Corporal punishment in child day care centers is prohibited pursuant to Rule 400.5107, Discipline, Licensing Rules for Michigan Child Care Centers. Punishment in the form of hitting, spanking, biting, pinching and other physical or corporal punishment type of acts are clearly prohibited under this rule. In addition, a child care center can not take away food as punishment or tie up or restrain a child. There are some exceptions to these general rules when the health and safety of the child or others are at risk. Michigan child care centers have a duty to refrain from these acts. If discipline is necessary at the child care center, the child care workers have a duty to promote self control, self direction, self esteem and cooperation rather than resorting to physical violence and corporal punishment.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

animals%20dogs%20black%20dog%20being%20walked%20on%20leash.jpgIn South Carolina, a dog owner has a duty and responsibility to maintain control of his or own dog. Pursuant to Section 47-3-50 – Allowing Dogs or Cats to Run at Large – Penalty – South Carolina Code of Laws, it is unlawful for illegal for a dog owner to allow his or own dog to run at large off the dog owner’s property. This code provision makes the violation of this South Carolina law a misdemeanor. The code provision also requires cities and counties to adopt laws / ordinances consistent with this code provision.

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By Andrew Prine, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20alphabet%20on%20black%20chalkboard.jpgIn Michigan, child day care centers have a duty to properly staff the facility and supervise the children. In order to promote adequate staffing of child day care centers, the Michigan Department of Human Resources promulgated rules and regulations that require child day care centers to have certain staff to children ratios in place for the safety and supervision of the children. Pursuant to Rule 400.5105 Supervision and Ratio Requirement, Michigan Licensing Rules for Child Care Centers, staffing ratio requirements are as follows:

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By Andrew Prine, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20blocks%20letters%20and%20soldier.jpgThe Michigan Department of Human Resources licenses and regulations child day care centers. Children often suffer serious personal injuries and, in some instances, death as a result of negligence maintenance and / or supervision of children under the care of a Michigan child day care center. Pursuant to Rule 400.5111a, Michigan Licensing Rules for Child Care Centers, a child day care center has a duty to verbally report any serious injury or medical condition requiring emergency medical care at a hospital or health care facility. Thereafter, the Michigan child day care center has a duty to report the incident / persona injuries to the Department of Human Resources within 72 hours of the incident on a form approved by the Department of Human Resources.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Schools in Kansas and throughout the nation have school volunteers that assist teachers and administers with activities, lessons, special events, and field trips. A school generally benefits from the involvement of parents and school volunteers. Unfortunately, many of these volunteers use school grounds and the proximity to children as opportunities to molest, assault and sexually abuse children. Background checks of volunteers are important and can keep those who have been convicted of crimes out of the school. Unfortunately, there are a great number of child predators who have not been caughted, arrested, or convicted. Some just slip through the system. As such, it is also important for schools and concerned parents to be on the look out for child predators who slip into the school system as volunteers. I recently was sent a link by a parent of a child who was a victim of a school volunteer. The website – http://schoolvolunteerbackgroundcheck.blogspot.com – is dedicated to the protection of children in the school system. The site contained trial transcripts, statutory references, and newspaper articles focusing on the problems and crimes of volunteers in the school system.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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As parents, we all do our best to shield our children from dangers and indecent acts to the best of our ability. We can control, to some extent, what our children watch on television and where they go. Unfortunately, there are people out there in Michigan and elsewhere who do very strange things in public places. At times, children are exposed to such conduct. The criminal defendant was observed a a car wash and seemed to be up to suspicious activity. A Thomas Township, Michigan police officer parked near the area and then approached the criminal defendant on foot and caught the criminal defendant in the act of committing a sex time act with a car wash vacuum. You can read more about this story at Caught in Vacuum – Michigan Judge to Sentence Man for Indecent Exposure.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Michigan Department of Human Resources licenses and regulations child day care centers. The facilities have a duty to follow and comply with the regulations. A parent or guardian of a child can file a grievance or complaint against a Michigan child day care center if the parent or guardian believes that the center is not complying with its obligations to follow the regulations which include proper supervision of the children in a safe environment. The Michigan Department of Human Resources publishes a Citizen’s Guide to Filing a Complaint against a Licensed Child Care Provider. This is an administrative type of complaint. In other words, the filing of a complaint or grievance will result in an investigation by the Department of Human Resources which may result in sanctions, fines, or (in extreme cases) license suspension or revocation. The filing of this type of Complaint, however, is not a substitute to a civil lawsuit or a substitute for a Michigan child injury lawyer. Through a civil lawsuit or claim and a Michigan child injury lawyer, a parent or guardian can pursue a case for compensation against the day care center / child care center for medical bills (past and future), pain and suffering, and loss of enjoyment of life caused as a result of personal injuries sustained at the facility. If there are any concerns or questions when a child is injured at a Michigan day center center, contact a Michigan child injury lawyer for advice, consultation, and representation. Injury cases caused by negligence are handled on a contingency basis (i.e. no recovery – no fee).

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By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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An audit of Georgia’s mental health care services for children by the Georgia Department of Audits and Accounts found several deficiencies in the state’s system for tracking services to uninsured children and Medicaid eligible children. The audit examined the Georgia Department of Human Resources which is responsible for the state’s public mental health system. The report found that the Department of Human Resources lacks a systematic process for determining the most critical needs of children for mental health services. The report also indicated that the Department of Human Resources reported a decrease in children showing improved functioning through mental health care between 2006 and 2008. To read more about this audit see Audit Cites Flaws in Georgia’s Mental Health System for Children.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Michigan Department of Human Resources regulates child day care centers and homes. When considering or re-evaluating a child day care center,it is important for parents and caregivers to obtain licensing information regarding the child day care center. The Michigan Department of Human Resources has a helpful website that allows parents and caregivers to obtain information on child day care centers Statewide throughout the State of Michigan. Parents and caregivers need to be proactive when selecting a child day care center. In addition, once a child is enrolled and attending a child day care center, it is important for the parents and caregivers to periodically check with the Department of Human Resources to make sure that the license is in good standing and that no serious violations of the regulations are taking place at the facility. Unfortunately, many licensed child day care centers in Michigan fail to follow and comply with the regulations. Even ones that do often times fail to properly supervise the child in the facility or fail to provide a safe environment for the children. As a result, children suffer preventable personal injuries in Michigan child day care centers. When this happens, it is helpful to consult with a Michigan child injury lawyer to review the injured child’s rights and applicable laws.

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