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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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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Georgia.jpgIn Georgia and other States, day care center and child care center providers have a duty to supervise children enrolled in the program. If there is a field trip or off site activity, it is important for day care center operators to make sure that all children are supervised at the activity and that all children are properly transported or brought back to the facility. In many instances, a simple checklist or attendance sheet can be be used to make sure each and every child is present and accounted for. In some instances, children are lost or forgotten about because there is no checklist in place or because the checklist is not used. Leaving a child behind can lead to a variety of problems and dangers for a small child. In Augusta, Georgia, a 2 year old child under the care of Amandable’s Angel’s Childcare Center, her 2 year old daughter Mackenzie, Turns out he did know something. Investigators say when the daycare workers left behind at a park. When the day care center first became aware that the child was missing, the staff did not know where she was. It took the help of the child’s 4 year old brother to let everyone know that the missing child may have been left behind at Elliot Park. The child was later found, but that is not the end of the story. The three day care workers involved were charged with the crime of deprivation of a minor. Of course, the day care workers will have the right to defend themselves in the criminal proceedings. Regardless of the outcome of the criminal case, day care centers should take stories like this heart and use a checklist consistently so that each and every child is accounted for and that NO CHILD IS LEFT BEHIND. You can read more about this story at Augusta, Georgia Police Report that Child Was Left Behind by Day Care Center at Local Park.

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

Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpgThe Kansas Department of Health and Environment is the State agency charged with regulating child care centers and other facilities supervising or housing children in Kansas. What are the CCLR (Child Care Licensing Regulations) in Kansas for a facility or a person caring for children? Well, that all depends on the age of the children, size of the facility, type of the facility, and the kind of care provided at the facility. The Kansas Department of Health and Environment’s website has a great resource page that contains the CCLR (Child Care Licensing Regulations). The publications available on this site include the following:

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By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Carolina and other States, small children are at risk for drowning incidents. It was reported in Onslow County, North Carolina that a 4 year old drowned near the home in a pond. The child was transported to Onslow Memorial Hospital but medical providers / doctors were not able to save her from the injuries / complications relating to the drowning incident. See North Carolina 4 Year Old Drowns Near Home.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20New%20York.jpgThe New York Daily News reported that a 3 year old boy was attacked by the family pit bull. The attack may have been triggered by a family argument which, in turn, may have agitated the dog. Further investigation may reveal additional details and / or causes of this incident. Whatever the results of the investigation, it is clear that a 3 year old suffered serious personal injuries from the family Pit Bull. There have been many reports of the family dog including the family Pit Bull dog attacking children. Is it the breed? Is is the individual temperament of the dog? Is it because of environmental factors? Is it because of the living space of the dog or family?

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

technology%20mobile%20cell%20phone%20with%20key%20pad%20silver.jpgIn Broomfield, Colorado, a teacher is accused of sending inappropriate text to students. There cases are interesting in that there is typically electronic evidence that can identify the sender and the receiver of these text messages. The messages themselves are evidence that can show criminal acts and intent on the part of the sender. Of course, the teacher will be entitled to defend himself through the services of a public defender or a private criminal defense lawyer. Among the questions / issues that may be addressed in this matter may be:

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, day care workers cannot withhold food or meals to children as a means of punishment or discipline. At the Middle Bucks Institute of Technology, two teachers were terminated from their day care positions at the day care center for withhold food or meals from a toddler. It was reported that the workers withheld the food because the toddler refused to clean up as instructed. The day care center reported this incident to the Pennsylvania Department of Welfare. It is important for day care and child care workers to follow the laws, procedures, and guidelines set forth by Pennsylvania law. The fact that there were no serious injuries that resulted from the conduct of the day care workers does not justify their actions. You can read more about this story at Pennsylvania Day Care Workers Dismissed from Their Positions.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgIn San Antonio, Texas, a teen mother has been arrested regarding an automobile accident that led to injuries to a toddler. Police reported that the mother did not properly buckle her infant son in a car seat. Unfortunately, there was an automobile accident in which the child bumped his head on the dashboard and was knocked unconscious. According to a story posted by News 4 WOAI, the 8 month old child was sitting on the front passenger floor board at the time of the crash even though the car was equipped with a rear facing safety seat.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Arkansas and other States, emergency room doctors and pediatricians see their fair share of child injuries from bicycle accidents. According to Mechelle Winslow of the Arkansas Children’s Hospital Injury Prevention Center, bicycle helmets are an important safety measure for children riding bicycles. Head injuries to children are common in bicycle accidents. With a proper helmet, many injuries can be prevented or lessened with the helmet taking the brunt of the trauma rather than the child’s head. A good suggestion by Winslow is to have the child pick out his or her own helmet. This may make it more likely for the child to wear the helmet. Children should be taught from an early age that a helmet is not optional. No helmet – no bicycle riding. Eventually, the child will put on the helmet without even being asked to. You can read more about this topic at Bicycle Safety Tip to Teach Your Children.

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