Child Injury Lawyer Blog
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant Section 418-1.9, Discipline, New York Codes, Rules and Regulations (NYCRR), child care centers are prohibited from using corporal punishment for discipline or any reason whatsoever. The New York child care center regulations define corporal punishment punishment directed directly on the body. What does corporal punishment include? It includes spanking, biting, shaking, slapping, twisting, or squeezing the child. It also includes the requirement of excessive physical exercise or forcing or requiring the child to remain in an uncomfortable or bizarre position. Forcing the child to eat certain foods like spicy foods is also a form of corporal punishment.
Georgia Governor Sonny Perdue has proposed legislation that will require the losing plaintiff / injury victim in a lawsuit to pay attorney fees to the defendant if the plaintiff’s lawsuit is dismissed as lacking “substantial merit.” Under this proposed legislation, if the defendant files a motion to dismiss the plaintiff’s claims on the grounds that the complaint fails to state a claim and lacks substantial merit, discovery will be stayed until after the judge rules on the motion. The practical effect of this provision will be to protect defendants who may very well be liable because the injured plaintiff will be unable to pursue discovery to prove the legitimacy of their claims.
New York day care and child care centers are regulated by the
Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements.
Missouri day care / child care caregivers in the State of Missouri. According to 19 Code of State Regulations 30.60.070, Responsibilities of Caregivers, the following responsibilities apply to caregivers:
In a bill introduced in the Georgia State Senate on January 15, 2009, the failure to wear a seatbelt would be considered as evidence against a plaintiff in a lawsuit arising out of an automobile accident. Under this bill, the failure of a plaintiff to wear a seatbelt in violation of Georgia’s seat belt law could be considered as evidence of the plaintiff’s own negligence or contributory negligence. Such a bill will give the at fault driver a chance to point the finger back at the plaintiff, saying to the plaintiff “Yes, I might be at fault but so were you in not wearing a seat belt.” In Georgia, the injured victim could be an innocent child passenger who failed to fasten his or her seatbelt and suffered injuries in a car accident through no fault of his or her own.
In Ohio child day care centers, it is vital that children receive adequate and appropriate supervision by responsible adults and caregivers. Pursuant to
In Georgia and Other States, children are injured in day care centers every day. Some incidents result from normal childhood play and development. Other personal injuries, however, result from negligence and / or the failure of the staff to properly supervise, the infant, toddler, or child in the day care center. Pursuant to Chapter 290-2-2-.10, Record Keeping and Reporting, Rules and Regulations for the State of Georgia, a Georgia day care center must prepare and maintain documentation for incidents requiring professional medical attention (medical care) other than simple first aid by the day care center staff. The documentation for the incident must include the following:
A 6 year old elementary school student in Victorville, California brought a gun to school in his pants. He was sent to the school office for sagging pants. While in the school office, the gun slipped down the student’s pant leg while a school clerk was helping him put on a belt. The 6 year old was suspended by the school due to the zero tolerance weapon policy. The boy took the gun from his father, Michael Lewis, who was later arrested for receiving stolen property and possession of a firearm by a felon. You can read about this story at 
In Maryland child care centers, it is vital that the child care center have adequate and appropriate staffing in place to properly supervise the children in the facility. Like other States, Maryland has staff ration requirements set for in the child care / day care regulations. Pursuant to