Articles Tagged with neglect

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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks - B - Day Care CenterIn New Mexico and other States, children are supervised in day care centers by child care providers who in most facilities provide a safe and loving environment for the children. Unfortunately, there are child care providers out there who simply lack the patience, training, maturity, and proper attitude to serve as child care providers.  Some of these child care providers respond to a child that is crying or otherwise not following instructions by assaulting, dragging, striking, or otherwise abusing the child in the very setting that should be a safe haven for the child.

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By  David Wolf, Attorney

Published by Child Injury LawyeBlog

hot-dog-4-052314-akpMost people are aware of the risk of injuries and death to children resulting from an automobile accident, bicycle accident, pedestrian accident, and drowning.  One common cause of death that is not so obvious to some parents and caregivers involves choking on small objects.  For instance, hot dogs are particularly risky to young children.  The cylindrical, compressible object can become lodged in the airway of a child.
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By  David Wolf, Attorney

Published by Child Injury LawyeBlog

Building Block - M - Day Care CenterWorking parents and guardians rely upon day care centers to provide a safe and nurturing environment for children.  Unfortunately, at some day care centers, a day can be filled with neglect and abuse at the hands of the very caregivers responsible for keeping the children safe and out of harm’s way.  The truth is that many child care providers lack the training and financial motivation to do a good job.  Many child care providers are immature and just lacked the proper upbringing and maturity to provide the necessary care for children.  It is a known fact that children misbehave or do not follow all instructions.  This is especially true for infants and toddlers.  It is certainly an expected part of the job to deal with difficult children or good children who occasionally misbehave.   The child care provider needs to have patience, understanding, and a strong conviction to do the right thing and to act in the best interest of the child.  When a child care provider is accused of wrongdoing, a police investigation and criminal investigation may result.   Police and prosecutors are quite busy and do not pursue or prosecute every case or incident that is reported.   As such, many acts of wrongdoing may not be prosecuted if investigators do not believe that the injuries warrant OR if investigators believe that proof of the malicious intent cannot be provided beyond a reasonable doubt.
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By  Steven R. Smith, Attorney and David Wolf, Attorney

Building Block - W - Day Care CenterSchools and day care centers should be a place in which children are cared for in a nurturing, clean, and supportive environment. Unfortunately, at some schools and day care centers, the child care providers bring in their own sense of right and wrong.   Certainly, there are archaic and dangerous disciplinary actions that put children at risks.  Even if the child care provider was subjected to this very same punishment as a child, this does not excuse or justify the implementation of this type of punishment at a school or day care center.   Here is a simple statement to consider.  Abuse is abuse.  Of course, laws, regulations, and ordinances are more complicated than this simple statement.  It is important for day care centers and schools to follow the laws, regulations, and ordinances.  Many such rules are in place to protect the children.   It is interesting to note that some disciplinary tactics used by child care providers are similar to those improperly used against adult prisoners.   Certainly, a child is not a prisoner and should not be treated like one.  Furthermore, it is well known and should be expected that a child will misbehave and fail to follow directions.  Child care providers should be prepared to supervise the children in a safe and supportive environment.   The day care center rules and regulations should be followed.  In addition, the child care providers should adhere to and follow the laws in place.  Finally, common sense should always be used when caring for children.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney
Crayon Colors

Day Care Center Regulations – Minnesota

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By  David Wolf, Attorney

Published by Child Injury Lawyer Network

Handcuffs - Criminal - Child AbuseIn Washington and other States, parents rely on day care center to provide a safe, clean, and healthy environment for their children during working hours.  Parents, with children in day care centers, should visit frequently and at odd times.  In other words, a parent should visit at different times of the day in order to see how the staff is supervising the children under their care.  The staff in the morning may be different than the staff in the afternoon.  Furthermore, if the day care center staff believes that a parent could walk in at any moment of the day, this may, in turn, make the day care center staff more attentive to the duties and responsibilities at hand.   For most children, day care centers, schools, and summer camps provide that certain educational environment that certainly contributes to the growth and happiness of a child.   Unfortunately, some child care providers use their position of trust and access to abuse and neglect the very children that they are responsible for supervising and protecting from harm.   Certainly, the good child care providers outnumber the bad ones; however, one bad child care provider who abused and neglects children is frankly one too many.  Day care centers should carefully screen all day care center employees with background checks that are not only completed by an electronic search but also follow up calls to work and personal references.  Once hired, day care center employees should be trained and supervised.