Articles Posted in State Specific Articles

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By Thomas J. Duff, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

gavel%20brown.jpgIn Iowa and Other States, parents, step parents, and boyfriend / girlfriends of parents often show poor judgment and violent tendencies when disciplining children. Beatings and whippings may be the way things were done years ago; however, these forms of punishment are often times cruel and unusual and in some cases criminal. In Sioux City, Iowa, Tyrone James (age 32) was sentenced to a 2 year prison term after entering a guilty plea of charges of child endangerment. Allegations in this case involved two children who were hit by belts, tree branches and extension cords. The mother of children also pled guilty to criminal charges. See Sioux City Iowa Man Sentenced to Prison Term for Child Endangerment Criminal Charges.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20furiture%20child%20table%20with%20red%20chair.jpgChild care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-127 – Emergencies, a child care center has a duty to have written policies in place regarding the reporting of personal injuries and illnesses of adults and children. If a child’s illness or personal injury requires medical attention, the child care center has a legal duty to immediately report the matter to the parent of guardian of the child. If a child dies at a Kansas child care center, the facility must report the death to the county health department or the Kansas Department of Health and Environment by the next working day.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, it is vital that day care center and child care workers provide ongoing and consistent supervision of children under their care. Even a few minutes or less of inattention, multi-tasking, or distraction can lead to disaster and tragedy in a day care center. In Pittsburgh / Garfield, Pennsylvania, a day care operator is being criminally charged with the death of a 10 month old child that was under the care of the day care center. While the child care provider was attending to another child, the 10 month old was injured by a 7 year old child. The operator of the day care center – both the owner of the day care center and the child care worker are being charged with endangering the welfare of a child. Prosecutors will argue that owner was neglectful in staffing and that the worker was neglectful in her supervision. Of course, these individuals will be entitled to the services of a criminal defense attorney or a public defender regarding these criminal charges. You can read more about this story at Day Care Center Owner and Caregiver Charged in Death of Child in Pennsylvania.

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In Kansas and other States, children continue to suffer personal injuries and even death in some instances as a result of drive way / parking lot / back over incidents. These most unfortunate automobile accidents / pedestrian accidents result when a driver fails to observe a child behind the vehicle. In some instances, the child darts behind the vehicle as the vehicle is moving. In many incidents, the injuries can be avoided with better supervision of the child and more careful driving. Before a driver attempts to back out of a parking lot or drive way, the driver should first check around his or her vehicle before getting into the vehicle. Thereafter, the driver should check again and then only back up very slowly. While not all accidents of this nature can be avoided, most can. Taking a few more seconds for the safety of children can make a big difference.

In Wichita, Kansas, it was reported that a 4 year old boy was the victim of a back over accident at an apartment complex. The incident took place at the Pelican Point Apartments in the evening hours. At the time of the incident, several children were in the area playing in the parking lot. The accident took place as a child was going after a ball. Emergency paramedics later arrived on the scene and too the boy to Via Christi Medical Center (Hospital) for evaluation. It was reported that the child was in critical condition upon arrival. Subsequently, the boy’s condition was upgraded. You can read more about this story at Back Over Accident in Parking Lot at Wichita, Kansas Apartment Complex.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20furiture%20child%20table%20with%20red%20chair.jpgChild care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-123 – Parental Access to Child Care Facilities (Page 27), a parent has a right to access the child care center during all hours of operation. This is an important regulation as it allows a parent and requires a facility to “keep its doors open”. A parent could enter the facility at any time. As such, child care centers and its staff must be prepared for such a visit with the understanding that the parent will look around to make sure that everything is in order.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

weather%20sunlight%20bright%20hot.jpgIn Dallas County (Red Bird), Texas, a 7 month old (Briana Jones) was forgotten in a vehicle and died. When the child was found, she was rushed by paramedics for emergency treatment at Methodist Charlton Medical Center. It appears from the facts presented that the child died from heat exposure or heat stroke. Unfortunately, deaths of this nature continue to occur because parents, babysitters, and caregivers continue to be forgetful and leave children unattended in vehicles that get a lot hotter than most people realize. Furthermore, there are other dangers to leaving a child in a vehicle unattended.

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By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Houston, Texas, school officials and police officers are investigating a stabbing that took place approximately 30 minutes before school started at Pershing Middle School. The weapon used was a pocket knife. News of the stabbing was quite upsetting for the students, parents, and teachers associated with this school. It is quite frightening to think that a child could, in this day in age, be stabbed by another student at school. Parents, teachers, and students should discuss the issues of school safety and take whatever reasonable actions are available for the protection of students. You can read more about this story at Middle School Student Stabbed in Houston, Texas.

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By Carl L. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20school%20green%20back%20pack.jpgIn California and other States, there are some remarkable teachers and school employees who are working hard to protect the safety and welfare of children. If a person decides to work in a school system, the safety of a children should be a paramount concern for teachers, administrators, support staff, volunteers, parents, and custodians. In Las Cruces, California, Jerry Rios, a custodian employed at César E. Chávez Elementary School is credited with saving a kindergarten child (Dominic Lujan) from serious personal injuries when the child’s jacket was caught in the door of a vehicle in the car pool line. Rios, who recognized the danger of the situation, jumped in front of the vehicle to make sure that it stopped. Mr. Rios was later honored for his heroism and quick thinking by the school and administrators. You can read more about this story at Custodian Saves Kindergarten Student from Serious Personal Injuries – Las Cruces, California.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgChild care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to Kansas General Regulation – K.A.R. 28-132 – Child Care Practices (Pages 34 – 35), a child care center has a duty to maintain a written policy as to discipline at a child care center. A child care center is prohibited from punishment that is physically harmful to the child. Furthermore, a child care center cannot humiliate or frighten a child as part of imposing discipline at the facility. The Kansas regulations specifically prohibit corporal punishment including spanking, pulling of hair, swatting, the yanking of an arm, or similar type of punishment. Verbal threats are prohibited as are derogatory remarks. The regulations also address other prohibited actions like locking a child in a room or box, withholding food or forcing food, and stinging or burning the mouth or other parts of the child’s body.

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By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Kansas Department of Health and Environment is the agency responsible for implementing and enforcing regulations as they pertain to child care in the State of Kansas. This can range from infants in a small home day care center to school aged children in after school programs to foster homes. The goal or desired outcome of child care is set forth in Chapter 65 – Public Health – Article 5 – Section 528 – Child Care Policy of State; Desired Outcome. This law sets forth the mission of child care that in in place to guide the state agency and its staff in supervising child care and day care centers in Kansas. In particular, the goal or desired outcome of child care is to provide parents and caregivers with high quality and affordable child care. The child care should be stable, diverse, and efficient among other things. Parental involvement is key. Parents should take an active role in inspecting a child care center and staying involved with the school or center on a daily basis. You can read more about this law / regulation and others at Kansas Child Care Licensing and Registration Laws.

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