Articles Posted in Day Care Centers and Child Care

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, it is vital that day care center and child care workers provide ongoing and consistent supervision of children under their care. Even a few minutes or less of inattention, multi-tasking, or distraction can lead to disaster and tragedy in a day care center. In Pittsburgh / Garfield, Pennsylvania, a day care operator is being criminally charged with the death of a 10 month old child that was under the care of the day care center. While the child care provider was attending to another child, the 10 month old was injured by a 7 year old child. The operator of the day care center – both the owner of the day care center and the child care worker are being charged with endangering the welfare of a child. Prosecutors will argue that owner was neglectful in staffing and that the worker was neglectful in her supervision. Of course, these individuals will be entitled to the services of a criminal defense attorney or a public defender regarding these criminal charges. You can read more about this story at Day Care Center Owner and Caregiver Charged in Death of Child in Pennsylvania.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgChild care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to Kansas General Regulation – K.A.R. 28-132 – Child Care Practices (Pages 34 – 35), a child care center has a duty to maintain a written policy as to discipline at a child care center. A child care center is prohibited from punishment that is physically harmful to the child. Furthermore, a child care center cannot humiliate or frighten a child as part of imposing discipline at the facility. The Kansas regulations specifically prohibit corporal punishment including spanking, pulling of hair, swatting, the yanking of an arm, or similar type of punishment. Verbal threats are prohibited as are derogatory remarks. The regulations also address other prohibited actions like locking a child in a room or box, withholding food or forcing food, and stinging or burning the mouth or other parts of the child’s body.

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By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Kansas Department of Health and Environment is the agency responsible for implementing and enforcing regulations as they pertain to child care in the State of Kansas. This can range from infants in a small home day care center to school aged children in after school programs to foster homes. The goal or desired outcome of child care is set forth in Chapter 65 – Public Health – Article 5 – Section 528 – Child Care Policy of State; Desired Outcome. This law sets forth the mission of child care that in in place to guide the state agency and its staff in supervising child care and day care centers in Kansas. In particular, the goal or desired outcome of child care is to provide parents and caregivers with high quality and affordable child care. The child care should be stable, diverse, and efficient among other things. Parental involvement is key. Parents should take an active role in inspecting a child care center and staying involved with the school or center on a daily basis. You can read more about this law / regulation and others at Kansas Child Care Licensing and Registration Laws.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Georgia.jpgIn Georgia and other States, day care center and child care center providers have a duty to supervise children enrolled in the program. If there is a field trip or off site activity, it is important for day care center operators to make sure that all children are supervised at the activity and that all children are properly transported or brought back to the facility. In many instances, a simple checklist or attendance sheet can be be used to make sure each and every child is present and accounted for. In some instances, children are lost or forgotten about because there is no checklist in place or because the checklist is not used. Leaving a child behind can lead to a variety of problems and dangers for a small child. In Augusta, Georgia, a 2 year old child under the care of Amandable’s Angel’s Childcare Center, her 2 year old daughter Mackenzie, Turns out he did know something. Investigators say when the daycare workers left behind at a park. When the day care center first became aware that the child was missing, the staff did not know where she was. It took the help of the child’s 4 year old brother to let everyone know that the missing child may have been left behind at Elliot Park. The child was later found, but that is not the end of the story. The three day care workers involved were charged with the crime of deprivation of a minor. Of course, the day care workers will have the right to defend themselves in the criminal proceedings. Regardless of the outcome of the criminal case, day care centers should take stories like this heart and use a checklist consistently so that each and every child is accounted for and that NO CHILD IS LEFT BEHIND. You can read more about this story at Augusta, Georgia Police Report that Child Was Left Behind by Day Care Center at Local Park.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpgThe Kansas Department of Health and Environment is the State agency charged with regulating child care centers and other facilities supervising or housing children in Kansas. What are the CCLR (Child Care Licensing Regulations) in Kansas for a facility or a person caring for children? Well, that all depends on the age of the children, size of the facility, type of the facility, and the kind of care provided at the facility. The Kansas Department of Health and Environment’s website has a great resource page that contains the CCLR (Child Care Licensing Regulations). The publications available on this site include the following:

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, day care workers cannot withhold food or meals to children as a means of punishment or discipline. At the Middle Bucks Institute of Technology, two teachers were terminated from their day care positions at the day care center for withhold food or meals from a toddler. It was reported that the workers withheld the food because the toddler refused to clean up as instructed. The day care center reported this incident to the Pennsylvania Department of Welfare. It is important for day care and child care workers to follow the laws, procedures, and guidelines set forth by Pennsylvania law. The fact that there were no serious injuries that resulted from the conduct of the day care workers does not justify their actions. You can read more about this story at Pennsylvania Day Care Workers Dismissed from Their Positions.

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn Monroe, Ohio, there was an investigation into alleged burns to a child from an Ohio Day Care Center. The initial news reports indicated that a child may have suffered burn type injuries from a Mr. Magic Eraser cleaning product that may have been used on a child’s body at the day care center. See >Ohio Day Care Center Investigated for Burn Injuries to Child.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Georgia as well as other States, day care centers have a duty to provide children with a safe and secure learning environment. Day care centers should serve and look out for the best interests of children. Unfortunately, many day care centers in Georgia fall short. A study conducted by a private company through the State Department of Early Care and Learning indicated that two thirds of the day care centers in Georgia offered care that was low in quality to infants and toddlers. This is a staggering statistic and an indication of a true problem in Georgia. Often, a low quality day care center fails to have appropriate safety and supervision measures in place. As a result thereof, children then suffer serious personal injuries at a day care center. The needs of the the children in day care centers have to be paramount over everything else. You can read more about his story at Study Indicates Problems with Georgia Day Care Centers.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Indiana.jpgIn Martinsville, Indiana, police were called to a day care center after the child began throwing a fit. It was reported by Fox News that one police officer slapped the child and another tasered the child for 1 to 2 seconds. The child’s guardian operates the day care center. Some argue that the tasering of a child is an excessive way to punish or control a child. Others may not have a problem with tasering, corporal punishment or other physical harm to a child.

Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Children enrolled in a day care center have a right to be cared for in a safe and clean environment. Day care workers should dutifully supervise the children and make sure that the children safe and kept away from dangers and hazards. Some day care workers and centers take short cuts in care and take actions that are harmful to children. Some day care workers even drug children to make them tired and easier to care for. In Spain, one such day care worker was caught and is being charged with a crime after many children were hospitalized. Laboratory test showed that the children were given or ingested benzodiazepines which is a drug prescribed by doctors to patients with anxiety, sleep disorders and panic disorders. It is certainly not a drug that doctors prescribe to make a day care worker’s job easier. You can read more about this story at Day Care Worker Charged with Drugging Children.

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