Articles Posted in Statutory References

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Pool-Safety-240x300With a mobile phone or tablet in our hands most of the day, we now live in a world of almost endless distractions. While technology is wonderful and helpful, it also makes certain activities a bit more dangerous for children.  Whenever a child is in or near water, there is a danger or risk of drowning. Adult supervision is key to the safety of children; however, the presence of an adult in the water area is a bit different than the attention of an adult.  If the adult is physically present in the area of the pool or beach, the physical presence may not mean much if the adult is otherwise engaged in the latest text, tweet, or e-mail on the phone or tablet.  Because of this, it is important to have as top of mind awareness the safety needs of the children.

Nearly 7 out of 10 drownings occur while an adult is present. In a life and death situation, people need to be alert and aware of their surroundings. However, the pool presents a myriad of distractions; if a person is swimming in the pool, they can be surrounded by splashing and other people, which could take their attention away from the child they are supposed to be watching. And, even if the watcher is out of the pool, they could be reading a book or looking at their phone at the precise moment they need to step into action and prevent a drowning. But drownings are almost always preventable; in fact, it is the leading preventable cause of death for children under the age of 5. So what steps must one take in order to prevent a child from drowning?

Among the most important preventions one can take is to have a Designated Watcher whose sole purpose is to keep an eye on the people in the pool. These people are reminded to not look at their phones or other distractions and not leave the pool area unless another person replaces them. While a Watcher is the best preventative measure, there are other choices one can make to improve pool safety. Installing a gate around the pool would keep small children from running into the water and drowning before an adult can intervene. It also helps to have a number of flotation devices, like pool noodles or kickboards, that can be thrown into the pool for a child to grab onto. If these measures are implemented, children will be markedly more safe in the pool this summer.

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgIn West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following:

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 – Code of State Rules – Department of Health and Human Resources – Division of Human Services – Section §78-1-3.2 Definitions – Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as “the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care.”

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20West%20Virgnia.jpgPursuant to Section 17C-11A-4 of the West Virginia Code, all children under the age of 15 years old are required to wear a bicycle helmet In fact, it is unlawful for any parent of a child under the age of 15 in West Virginia to knowingly allow the child to operate or be a passenger on a bicycle without a proper fitting bicycle helmet. See West Virginia State Code.

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20West%20Virgnia.jpgIn West Virginia, day care centers and child care centers are regulated by the West Virginia Department of Health and Human Resources. Title 78 of the West Virginia Code of State Rules governs the licensure and regulation of day care centers. The applicable provisions depend on the number of child in the facility and the type of services provided by the day care center. See Title 78 – Legislative Rules – Department of Health and Human Resources – Division of Human Services – Child Care Centers Licensing.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

1279612_books_of_owl.jpgAssistant Principal, Anthony Alvarez, 40, of Arvada High School, located in Arvada, Colorado, faces charges of sexual assault on a child by a person in a position of trust. It was reported that his wife caught Alvarez having an affair with a student and forced him to turn himself in.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Toys%20Toy%20Soldiders%20Army%20Choking%20Hazard.jpgPursuant to Rule 591-1-1.12 – Equipment and Toys- of the Georgia Rules and Regulations for Child Care Learning Centers, all indoor and outdoor furniture, activity materials and equipment shall be used with the following limitation: a). in a safe and appropriate manner by each employee and child in attendant; and b). in compliance with the manufacturer’s instructions, recommendations and intended use.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgPursuant to Rule 591-1-1.13 – Field Trips – of the Georgia Rules and Regulations for Child Care Learning Centers, parents shall be notified in advance by the center of a child’s participation in ANY field trip, which must be signed and dated by a parent of the child. The advanced notice shall include: a). the name and address of the field trip’s destination; b). the date of the trip; c). time of departure; and d). estimated arrival time back at the center.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

building%20blocks.jpgPursuant to Rule 591-1-1.35 – Swimming Pools and Water-Related Activities – of the Georgia Rules and Regulations for Child Care Learning Centers, if a permanent swimming or wading pool is located on the center’s premises, the center must meet certain local regulations concerning the design, construction, operation and maintenance must be met. The swimming and wading pools must be inaccessible to children at the center except during supervised activities only.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Georgia.jpgPursuant to Rule 591-1-1-.29 – Required Reporting – of the Georgia Rules and Regulations for Child Care Learning Centers, the director or other designated person-in-charge in the director’s absence, is required to report or cause to be reported the following: