Articles Posted in Day Care Centers and Child Care

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgChildren are at risk for personal injuries and, in some instances, even die when left in a day care center van, bus, or vehicle. The exposure of the child to extreme heat or cold can lead to hyperthermia or hypothermia. This, in turn, can have fatal consequences and end the life of an innocent child. Whether the child is left in a vehicle for convenience or left in the vehicle due to negligence, inattention, or forgetfulness, the results can be the same. The problem is that many day care providers and child care providers do not recognize or understand the risks of leaving a child unattended in a vehicle even for a few minutes. It is vital that a day care center have policies and procedures in place when transporting a child and that the day care center FOLLOW these policies and procedures. By properly completing a simple checklist – a child’s life can be saved.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgAny time there is a swimming pool near a day care center – there is great danger. Because of this, it is vital that all swimming pool owners including schools and day care centers put proper precautions in place to prevent children from wandering into pool areas. A drowning can take place in even shallow water and seconds matter when a child is left alone or unattended in or near a swimming pool area.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Kentucky and other States, day care centers have a duty to provide proper and consistent supervision to children. Furthermore, day care workers have a duty to refrain from using corporal punishment to discipline children or to retrain the children for the convenience of the staff. When enrolled in a day care center, a child should be provided with a safe, nurturing educational environment. Unfortunately, at times, children are the victims of abuse, neglect, and negligence while under the care of a day care center.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgTragedy can take place in a matter of seconds . . . . This is especially true with children in day care centers. When children are arriving or departing the school in car pool, pick up, or drop off areas, children are at risk for personal injuries. Unfortunately, some children suffer serious personal injuries and even die at or near day care center during pick up or drop off time periods. It was reported in Omaha, Nebraska that a 2 year old child – Maximiliano Delgado-Morales was hit by a truck when he ran into traffic. Max was a enrolled in the Next Generation Child Care and Pre-School. For more information, see Child Hit Outside of Omaha Nebraska Day Care Center.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgThe death of a 1 year old (Zachary Taylor) was reported at Lincoln, Nebraska day care center. Since the cause and circumstances of the death were unknown and because the death involved such a young child, police and the local medical examiner will be investigating this matter. When child care providers found that Zachary was unresponsive in the day care center, CPR measures were taken to try to revive the child. Unfortunately, these efforts were not successful. For more information regarding this matter, see Police Investigating Death of One Year Old Child at Day Care Center.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Fire%20Rescue%20Paramedic%20Red%20Emergency%20Vehicle.jpgIn Omaha, Nebraska, a family and community are now grieving the death of a 2 year old boy who was hit by a truck near the day care center (Next Generation Child Care) that he was attending. It was reported that Maximiliano Delgado-Morales was hit by a 1998 Chervolet pick up truck. The mother of Maximiliano arrived at the day care center to pick up her son. It was reported that Maximiliano ran into 36th Street and then was hit by the truck. For more information regarding this incident, see Toddler Hit by Truck Outside of Omaha Nebraska Day Care Center.

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By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

education%20day%20care%20building%20blocks%20assorted.jpg

In West Virginia, day care centers and child care centers have a duty to provide children with a safe and clean outdoor and playground environment. Pursuant to Title 78 – Legislative Rules – Department of Health and Human Resources – Division of Human Services – Child Care Centers Licensing – Hazards – Section 20.4.C, the Child Care Center has a duty to ensure that the play area for the children are well drained and free of debris. Furthermore, the child care center shall provide an outdoor environment that is clear of hazards including pits and abandoned wells, tree roots, appliances, and all other potential hazards including heat pumps, air conditioning units and external wiring, meters and telephone boxes. These areas shall be kept inaccessible to the child. The children enrolled in a day care center shall also be protected or kept away from moving vehicles when playing outside at the child care center. In addition, the soil of the playground area shall be free from any level of toxic chemicals and substances.

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgIn West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following:

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By Stephen New, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 – Code of State Rules – Department of Health and Human Resources – Division of Human Services – Section §78-1-3.2 Definitions – Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as “the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care.”

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