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. Licensing requirements and regulations depend on the type and size of the child care center. Some are in residences. Others are not. Some are affiliated with religious institutions. Some are exempt from licensing requirements. Since the regulations and various types of day care centers vary, it is helpful to know the categories and types of day care centers in New York. The Office of Children and Family Services has a helpful guide that outlines the types of day care and child care centers in New York. The categories are as follows:
Chuck E Cheese is a popular place for kid birthday parties and for pizza. The pizza is not the greatest of quality but edible nonetheless. Chuck E Cheese caters to children with arcade games, music, and an inside play area. Children and parents receive hand stamps upon entry as a measure to deter the abduction of children from the site. Some children misbehave at Chuck E Cheese. In some instances, it is the adults who misbehave. In Manheim Township / Fruitville Pike Pennsylvania, it was reported that two man got into a fight over an arcade game that resulted in medical care and hospitalization. There have been other reported incidents at Chuck E Cheese in Pennsylvania and other States.
The good news is that in Milwaukee, Wisconsin fire deaths have dropped this past year in comparison with years past. An article reported in the Milwaukee Wisconsin Journal Sentinel reported on the improved statistics as to fires in Milwaukee, Wisconsin at City of 
A medical / environmental study has reported that children in Washington D.C. were exposed to high levels of lead during a water crisis involving the city water system. Apparently, there was a high level of lead in the city’s tap water which began in 2001. It is estimated that 42,000 Washington D.C. children, who now range from the age of 4 to 9, might be at risk for health and behavioral problems associated with high lead exposure. Lead levels began rising in 2001 and were not corrected or improved upon until the issue was publicized by the Washington Post in 2004.
Lindwood Jones, Jr. and Shawntay D. Jones have been arrested and charged with their daughter’s death in Suffolk, Virgina. WAVY-TV 10 reported that the parents were charged for first degree murder. Zanya K. Jones died on December 1. Zanya was less than a year old. The medical examiner conducted an autopsy and determined that Zanya died from dehydration and malnutrition. Other children were removed from the home which was unsanitary.
Investigators which included pediatric experts conducted an extensive study into the cause of injuries in Atlanta day care centers. While the study was conducted in 1988, its findings are still pertinent today in that the hazardous or dangerous areas in day care centers identified still persist today. These hazardous or dangerous areas that caused injuries to children in Atlanta Georgia day care centers including the following:
A Wisconsin cheerleader, Brittany Noffke, was a student at Holmen High School near La Crosse, Wisconsin. While practicing certain moves and students before a basketball game, Brittany suffered a head injury. The stunt required Brittany to stand on another cheerleader’s shoulders and then required another student to catch her or spot her while performing the spot. Brittany fell backward but the student standing behind her did not catch her. As a result, Brittany fell to the ground and suffered head injuries. In Wisconsin, these type of cases require a Plaintiff / injury victim to prove recklessness in order to recover compensation for injuries. This can be a tough standard to prove. Fortunately, these onerous legal standard does not apply to all other States. A negligence standard would be a more reasonable standard to follow in Wisconsin and other States.
In another sad example of how the Bureau of Milwaukee Child Welfare has failed to protect the most vulnerable children of Milwaukee, Wisconsin, a 29-year–old mother of five has now been charged with Child Neglect Causing Death, more than two years after she allegedly allowed her 7-month-old daughter to starve to death. Citing “issues in completing and acquiring medical examiner’s and other doctors’ reports,” the Milwaukee County District Attorney’s Office has charged the mother, however, the father has not been charged. According to the Milwaukee, Wisconsin criminal complaint, local police found no baby food in the house other than an empty can of infant formula, but the parents spent as much as $500 per month on gambling. The parents allegedly spent the day after the child’s death at a local casino. The mother received state assistance, food stamps and SSI benefits. Although a 9-year-old sibling was being monitored under a court order, and child welfare caseworkers and a therapist made visits to the family’s alleged “filthy, roach-infested home” to check on the older child, it does not appear as though they were aware of the issues and services which were to be provided to the younger child. The deceased child, Layunnia Lewis, was born 14 weeks premature and suffering from herpes, weighing 4 3/4 pounds, and weighed only 5 1/2 pounds when she died at 7 months of age. An independent review panel report noted that “for some portion of time that the safety services case was open [for the younger child], neither the ongoing worker [for the older child] nor the safety service worker knew of their co-worker’s involvement with the family.”
In Ohio child day care centers, children suffer personal injuries every day while participating in outdoor / playground play or indoor play. Many of these child injuries could be prevented with better and more diligent supervision by child care workers and with better and more timely maintenance of playground equipment and toys. In some instances, the playground equipment or toy is inappropriate for the child’s age group, size, and maturity. For instance, raised platforms with no protective railings or sides would be inappropriate for infants and toddler who have poor balance and safety awareness. Toys with small removable parts or broken toys would also be inappropriate for this age group.