Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Sara Beth Whited, 48, owner of a residential child care center in Casper, Wyoming, has been charged with one count of child endangerment for an incident that occurred in October 2010. Whited was charged for her alleged role in the death of 3-month-old Tyler Parker. Nicole Parker, the infant’s mother, found Tyler unresponsive inside a bedroom at Sara’s Child Care, Whited’s day care facility operated out of her Vista Way home. Parker told investigators she found her son around 3:30 p.m., he was “cold to the though” and his face appeared “bluish and purplish.” Parker tried to perform CPR on her son, but her attempts failed because his jaw was “locked shut,” according to an affidavit from the case. The affidavit also states that Tyler was found “swaddled in a blanket” with “his arms tightly pulled down to his body.” An autopsy revealed the cause of death to be “asphyxia by bedding due to the fact of the infant being swaddled and placed on a soft foam bedding.” According to the rules and regulations governing day care providers, infants must be placed on their backs for sleeping unless a licensed physician says otherwise and provides a waiver. No waiver exists in the instant case. There is some debate about the frequency Tyler was checked on after he was put down to sleep. In an interview with detectives, Whited stated she had checked on the child numerous times, usually about every 10-20 minutes. However, authorities say the facts do not support this claim. The affidavit states the child must have been dead for a considerable period of time before her was discovered. Upon being discovered, the unresponsive Tyler was taken to Wyoming Medical Center where he was pronounced dead. If convicted, Whited could face up to a maximum of on year imprisonment. Whited is represented by an attorney and will be presumed innocent until proven guilty. For more please see Casper, Wyoming day care owner charged after child dies from asphyxiation in her care.
A 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother’s boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy’s body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as “heinous.” 33-year-old Sandra Augusto, the child’s mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 
Lufkin, Texas, police are currently investigating a possible injury to a child case after they were notified of suspicions of child abuse / neglect by hospital personnel. 30-year-old Julia Goodwin of Lufkin, brought a one-year-old unresponsive child to Memorial Hospital’s Emergency. Standard drug tests done by the hospital revealed the child had ingested a dangerous drug, possibly PCP. Under Texas law, doctors and nurses are considered mandatory reporters of child abuse. These Texas medical providers have 48 hours to report their suspicions from the time they are made aware. Both doctors and nurses are taught to always be aware of warning signs: bruises of different healing stages on the child’s body and inconsistent stories about how the injury occurred. The investigation of the infant is ongoing and no charges have been filed as of the time that this new story was released. For more read 
Three children were tragically killed in a kitchen fire that occurred at the children’s Houston, Texas, residential daycare. Rick Flanagan, spokesman for the Houston Fire Department, said the victims ranged in age from 18-months to 3-years-old. The day care’s operator, 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas’ child care rules, Tata should not have been caring for more than 6 children older than 18-months. Michael McAndrews, a 50-year-old witness who lives near the residential day care, said Tata stated she went to the bathroom at the facility and upon returning the kitchen was on fire. When firefighters arrived at the scene, Tata and two injured children were outside the flaming home, the other five children were trapped inside. Firefighters had to use thermal imaging cameras to find some of the children. Firefighters had to perform CPR on 4 children, who were unresponsive. Some children sustained burns while others suffered from smoke inhalation. Jennifer Hart, spokeswoman for Children’s Memorial Hermann Hospital, stated that one child was transferred to the Shriners Hospital burn center in critical condition and two other children were at a Houston hospital, one also in critical condition and the other in good condition. Around a year ago, the facility, which is registered as a “child-care home,” was cited by the Texas Department of Family and Protective Services’ Child Care Licensing division for not having a fire extinguisher. DFPS spokeswoman Gwen Carter said Tata had correct the problem. For more see 
An 18-month-old girl of San Antonio, Texas, is recovering from second- and third-degree burns she sustained while she was taking a bath. According to the arrest warrant, the girl’s 18-year-old babysitter, Juan Valentine Castillo, left the toddler unattended in the bathtub. Castillo claims that while unattended the little girl turned on the hot water and burned herself. Castillo has been arrested and charged with “injury to a child — assault — serious bodily injury,” and remains in jail with a $65,000 bond. Child Protective Services began to investigate the case after the toddler was transported to Christus Santa Rosa Hospital by her foster parents. The victim was eventually transported to University Hospital due to the severity of her burns. The arrest warrant reveals that doctors diagnosed the child with immersion burns and showed signs of abuse. Castillo told police he was the only person caring for the child at the time of the incident and claimed she adjusted he water setting on her own. Castillo was initially taken into custody on outstanding warrants for drug possession and assault. For more details see
The Oregon State Police believe that two teenage boys drowned after waves swept the boys off a rocking outcropping and into the ocean. According to Lt. Gregg Hastings, the body of 18-year-old Connor Gregory Ausland was found. However, authorities have yet to find 17-year-old Jack Harnsongkram. Both young men are residents of Eugene, Orgeon, and were students at South Eugene High School. Hastings also stated that the two teenagers were visiting the area, near Smelt Sands State Park in Lincoln County, with a group of other teens and adults. A local television station reported that a third teen was also knocked into the surf by the powerful waves but manages to get out safely. Police believe that both Ausland and Harnsongkram drowned. For more details please read 