Articles Posted in Abuse & Neglect

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

weather%20heat%20bright%20sun%20shine.jpgA Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.

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By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A day care center in Baton Rouge Louisiana was recently shot down by the State of Louisiana Department of Social Services. Damiyn McElveen, a 3 year old enrolled in the day care center, was found dead inside the day care center’s van this past week. Investigators believe that the toddler was mistakenly left in the van on a hot summer day in Baton Rouge, Louisiana. An full investigation will be conducted as to the circumstances and staff members responsible for the incident. In hot summer months, it is especially dangerous to leave any child unattended in a vehicle. Regulations and procedures were not followed. Otherwise, Damiyn McElveen would not have died in the day care center’s van. You can read more about this story at Baton Rouge Louisiana Day Care Center is Shut Down by the State of Louisiana.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20alphabet%20on%20black%20chalkboard.jpgChildren with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age – 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Georgia.jpgPolice in Gwinnett County, Georgia have arrested and charged a man and woman with false imprisonment and cruelty to children for using handcuffs to restrain the woman’s fifteen year old son. The teenager was held with the handcuffs for periods of 12 hours at a time and was denied food and water over a three day period.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20toy%20antique%20side%20view.jpgIn New Hampshire and other states, school bus drivers have a duty to provide for proper safety and supervision of children. Children should not be left unattended or unsupervised at any time. This procedure or policy is part of the policy manual for many school districts and school boards as well as for many private bus companies. These policies are in place because children who are left unattended or unsupervised on a school bus are at higher risk for serious personal injury In Sommersworth, New Hampshire, a 3 year old boy was left unattended on a school bus while the school driver ran errands. The child was locked on the bus and left alone for 45 minutes. The school bus driver was later disciplined for the terrible lapse in judgment. Fortunately, the child did not suffer any serious physical injuries from being left on the bus. You can read about this story at New Hampshire 3 Year Old Left on Bus While Bus Driver Ran Errands.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

boy%20walking%20with%20backpack.jpgIn Delaware, day care centers are required to train and properly supervise child care providers to make sure that children are cared for in a safe environment. Delaware day care centers are regulated by the State of Delaware – Department of Services for Children, Youth and Their Families – Delacare – Requirements for Day Care Centers. What requirements apply as to the reporting of abuse and neglect? Under the Delacare regulations, a day care center must have each employee sign a statement that clearly defines child abuse and neglect. Under Delaware law, a day care worker must report all incidents of child abuse to the Division of Child Protective Services. A day care center in Delaware must have written procedures / policies in place for the handling of suspected child abuse or neglect inflicted or committed by an employee of the day care center. The procedures must also include provisions for the termination of an employee involved in a founded incident of child abuse if continued employment would put children at risk.

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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Mississippi.jpgParents making methamphetamine has caused them to lose all three of their children. The Harrison County Sheriff’s Department arrested George Vincent and Amber Driscoll for felony child endangerment. A relative came and picked the children up. This is yet another unfortunate situation involving parents and drugs.

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By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition – diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline’s death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare – what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child’s life has been lost. The Neumann’s believed that their daughter’s illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney – Girl Whose Parents Prayed to Defeat Illness – Suffered a Needless Death.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Utah.jpgIn Utah and other states, parents entrust their children to baby sitters with the expectations and hopes that the child will be properly cared for and protected. Unfortunately, some children are harmed by babysitters due to lack of supervision, inexperience, negligence, neglect, and, in some cases, due to intentional acts of violence. It is well know that shaking a baby can cause serious personal injuries including brain damage and wrongful death. In Provo, Utah, a baby sitter (Danielle Ruiz), age 27, was recently sentenced by Judge David Mortensen for the wrongful death / child abuse homicide of 5 month old – Brandon Zamora. Prosecutors presented a case of child abuse homicide caused when Danielle Ruiz lost control and shook the baby causing brain damage and other injuries leading to the death of the child. Ms. Ruiz begged the judge for leniency and probation but the Judge noted that this crime was too serious to impose a mere sentence of probation.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Minnesota and other states, some parents are choosing religion over necessary life saving medical care. In New Ulm, Minnesota, a judge issued an arrest warrant for Colleen Hauser after she missed a court hearing and fled with her son who has a treatable but potentially fatal condition – Hodgkins Lymphona. Daniel Hauser’s condition is curable with necessary treatment (chemotherapy and radiation). Daniel’s parents instead choose to treat Daniel with herbal supplements, water, and natural type of products. Seeing that it is the year 2009, it really defies good sense and good parenting to ignore proven medical science in favor of products that just fill a child up with hope rather than a proven cure. You can read more about this story at Minnesota Mom – Arrest Ordered for Resisting Medical Treatment for Son.

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