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By Kevin Leach, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Richmond, Virginia, state officials with the Department of Social Services have recommended that the day care license for Yellow Brick Road Day Care be revoked. Lynne Williams, the Director of the Virginia Department of Social Services, issued this ruling or determination in response to the tragic death of Andrew Joseph Johnson who died in July 2009. The day care center left Andrew in a vehicle for 7 hours. The owner previously stated that she plans on fighting any decision by state officials to close down her day care center. Criminal charges have been filed and are being pursued against the owner and driver from the day care center.

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

Published by Child Injury Lawyer Network

baby%20bib%20and%20pacificier.jpgIn Monterey, California, William Aguirre-Fajardo, age 24, has been arrested on charges of child abuse and other criminal charges involving the death of a 8 month old boy. Aguierre-Fajardo was arrested following a report from the Lucile Packard Children’s Hospital in Palo Alto, California to Monterey, California police investigators. Mr. Aquierre-Fajardo claims that the child fell. Investigators and medical providers believe that the child actually died from Shaken Baby Syndrome. The injuries according to preliminary investigation were inconsistent with Mr. Aguierre-Fajardo version of the incident leading to injuries to the child. Medical providers including emergency room nurses and doctors have a duty to report any child who is the suspected victim of child abuse and neglect. Medical providers do not need to be absolutely certain that there is abuse or neglect. You can read more about this story at California Toddler Dies as a Result of Suspected Child Abuse – Shaken Baby Syndrome.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn New York and other states, day care operators, owners, and employees have a duty to report suspected abuse and neglect of children attending the day care program. Most states have statutes in place that require day care operators, teachers, counselors, doctors, and others to promptly report abuse and neglect. Why are such laws in place? It is simple – the laws are in place for the protection of children. A person like a day care operator does not have to witness the actual abuse or even be certain of the abuse. Most states require that the person reporting the abuse have a good faith belief or suspicion of abuse.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20car%20keys%20alarm%20black.jpgIn Maryland and other States, parents often question when a child should be allowed to be placed in a the front seat of a vehicle. In answering this question, parents should look at the State law and also look at what safety experts recommend. Just because a particular action does not violate State law does not necessarily mean that it is safe for children. For instance, the Maryland Child Passenger Safety Law does not prohibit the placement of children in the front seat of a passenger vehicle except for infants or toddlers in seats that are rear facing. Regardless of the law in Maryland and other States, some safety experts recommend that parents hold off on placing children in the front seat until they are 13 or older. The timing or age to put a child in the front seat can also depend on the size of the child as well. Some 12 year old children are undersized and should be kept in the back seat for their safety. You can read more about Maryland’s law and comments of safety experts at Putting a Child in the Front Seat – Maryland Law and Advice from a Safety Expert.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Minnesota and other States, tragedy is also the precursor to the passing of new laws for the protection of children. Laela’s Law as passed in 2007 and took effect in 2009. This law was named after a Minneapolis girl who suffered injures in a fall from a building. The purpose of Laela’s law is to safeguard windows in apartment, The law requires the attachment of safety screens, guards, or fall prevention devices in new or replacement windows above the 1st story in most apartment and multi dwelling unit buildings in Minnesota. Some child safety advocates question the provision of the bill that exempts window sills that are more than 24 inches from the floor. Even though the windows are 2 feet from the floor, a small child can still fall out of a window from a bed or other furniture. Apparently, the bill was passed with child safety advocates on one side and the building and window industry on the other. These safety regulations will cost money but hopefully will save lives. I expect there to be debates and changes to this law in the future. You can read more about Laela’s Law and the problems and dangers of children falling out of windows at New Minnesota Child Safety Law Gets Mixed Reviews and Comments.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Tennessee and other Southern states, many parents and school districts continue to use corporal punishment (as well as the threat of corporal punishment) as a means of disciplining children and students. The Tennesean Newspaper / Website had a very interesting article on the spanking / paddling / corporal punishment debate. As noted in this article, each school district in Tennessee can make the decision on whether to use corporal punishment. Some Tennessee school districts allow corporal punishment while other school districts prohibit it. Whether corporal punishment is permitted or not, school districts and parents for that matter have a duty to refrain from abusing a child. Serious personal injuries should never result from using corporal punishment, paddling, or spanking as a means of punishment or discipline. Personally, I am against the use of corporal punishment. I believe that it is an archaic, ineffective and cruel means of punishment.

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By Joshua Shulman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Oregon.jpgIn Oregon, the Department of Human Services receives and investigates incidents of child abuse and neglect. Like many other states, Oregon has laws in place that define abuse. Abuse is defined by Oregon law by the effect on the child rather than the parent’s motivation.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents, caregivers, counselors, school employees, teachers, medical providers, and others should take steps to make sure that children are safely transported on roads and highways. Seat belts should be used. Child seats and booster seats should be utilized depending on the age and weight of the child. In some instances, special safety measures need to be used since the child has special health or medical needs. The National Center for the Safe Transportation of Children with Special Health Care Needs has information and resources on its web site. Parents and those driver and caregivers responsible for transporting children with special health care needs should review this web site and implement the recommended measures. By having the right safety equipment in place along with the correct use and application of this equipment – many serious personal injuries and deaths can be avoided.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20South%20Carolina.jpgA South Carolina girl suffered severe head injuries following a bicycle accident. Unfortunately, she was not wearing a bicycle helmet at the time of the injury. Skyy Nesbitt of Wellford, South Carolina fell off her bicycle and was then taken to Greenville Memorial Hospital Skyy is in a coma from these injuries

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Virginia and other states, day care workers, child care workers, bus driver, and school employees have failed to follow proper and appropriate safety precautions in removing children from vehicles during times of extreme heat or extreme cold. A small children should never be left unattended in a vehicle no mattewr the temperature outside. It is the extreme temperatures among other causes that can lead to serious personal injuries or death for a child left unattended in a vehicle. A recent article – Day Care Vehicle Incidents Are Not Uncommon – published in the Richmond Times Dispatch Newspaper reported on incidents in which a child was left unattended in a day care vehicle. Working parents in Virginia rely on day care centers to provide for the health, safety and well being of their children. Children should be properly supervised at all time.

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