Articles Posted in Statutory References

Published on:

By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20toy%20antique%20side%20view.jpgIn New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

DogAttack.jpgFour year old John-Paul Massey of Liverpool, England, was being watched by his grandmother, Helen Foulkes, while his mother was out on a date. Some time that evening he was mauled to death by the family’s pet Bull Terrier. Ms. Foulkes tried to pull the boy out of the dog’s jaws, but was unsuccessful. Ms. Foulkes suffered some bite marks. She was treated and released from the hospital. When police arrived they shot the animal on the spot. The attack took place at a house where police had been warned that illegal dog-breeding was taking place.

Published on:

By Robert Fernicola, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to injuries sustained by a child while under the care of the child care center / day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6. In particular, a day care center is required to take immediate steps to protect a child from further harm and to contact the parents verbally when certain injuries take place in a child care center. Injuries that must be reported to the parent include:

Published on:

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

U.S.%20State%20Flag%20New%20Jersey.jpg

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resource and the Child Care Licensing Laws. There are specific rules / regulations pertaining to Discipline and Corporal Punishment under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.6 and 10:122-6.7. In particular, a child care center is prohibited from punishing or disciplining a child for the failure to eat or sleep. In addition, a child shall not be punished for soiling himself / herself. Discipline can be used in a “positive” manner and that is “consistent with the age and developmental needs of the child”. Many child care providers and parents for that matter believe that corporal punishment in the form of spanking or hitting the child is the best and most effective way of teaching a child a lesson. Regardless of a parent’s or child care worker’s personal philosophy, the New Jersey Administrative Code prohibits child care staff workers from hitting, shaking or otherwise inflicting corporal punishment on a child enrolled in a licensed day care center. Furthermore, a child care worker cannot use abusive language or ridicule as a form a discipline or punishment either. You can read more about these and other regulations at Chapter 122 – Manual of Requirements for Child Care Centers – State of New Jersey Department of Human Resources.

Published on:

By Andrew Prine, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Michigan.jpgIn Michigan, Governor Jennifer Granholm signed a law into effect to help distinguish or define babysitting from required day care licensing. The law states that babysitting is exempt from Michigan licensing and regulation if the babysitting is provided for free or involves less than $600.00 per year of annual payment or income. See Michigan Law Clarifies Babysitting / Day Care.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

Government.jpgThe House of Representatives recently passed its version of the Healthcare Reform bill (HR 3962). Parents and guardians of special needs children will most likely benefit from two aspects of the bill: health insurance companies would no longer be able to deny coverage based on pre-existing conditions, and the public insurance exchange option. Of course, the Senate still has to pass its own version of the bill, and the two bills will have to be blended together and voted on again – but so far the news looks good for children with special needs.

Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20New%20Jersey.jpg

In New Jersey and other States, children are put in danger every day from unanchored televisions and heavy furniture that are prone to tipping over. Every year, children sustain serious personal injuries and even death when a television or piece of furniture like a bookshelf or bookcase tips over onto a small child. These dangers have prompted New Jersey lawmakers to propose a bill that would require manufacturers to include documentation / information with the sale of televisions and furniture. The documentation / information would include safety tips and products that can be purchased to anchor down or secure the television or furniture item. Under this proposed law, consumers would be provided with the information when they buy or rent the item. The bill is called “Chloe and Samatha’s Law”. Chloe and Samantha are two of many children who were killed when a television tipped over on them in separate incidents. You can read more about this New Jersey proposed law at New Jersey Legislators Propose Bill to Protect Children From Falling or Tipping Televisions and Furniture.

Published on:

By Anthony Ferguson, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fire%20Truck.jpgThe Lewiston (Maine) Sun Journal reports that an early morning fire claimed the life of 9-year old Taylor McQueeney. A candle used as a light source, after the Central Maine Power Company shut off the electricity to the apartment for non-payment, ignited a bed. The fire spread quickly. Taylor McQueeney had spent the night with her cousins, 18-year old Nathan Cote and 25-year old Justin Cote. Craig Austin, age 39, rented the apartment. According to police, the men ran an extension cord from a second floor apartment up to their third floor apartment to power a television and video games, but used candles for light.

Published on:

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Arizona.jpg

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. It is important for child care facilities to know, understand and follow these rules and regulations. Children are far less likely to suffer from serious personal injuries if the operators and owners of these licensed child care facilities are in compliance with the Arizona Administrative Code and related regulations. You can review these important code provisions at Arizona Administrative Code – TItle 9 – Chapter 5. Laws do not always make sense and are often times subject to interpretation by an attorney and Judge. You should consult with an Arizona child injury attorney / lawyer if you have questions about a personal injury suffered by your child in an Arizona child care facility / day care center.

Published on:

By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgCalifornia day care centers / child care centers are regulated by the State of California – Health and Human Services Agency – Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

Contact Information