Child Injury Lawyer Blog
By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The State of Ohio has filed a lawsuit against one of the largest day care center chains in the State alleging that Angels Learning Center failed to pay many of its child care workers according to the wage guidelines set by the state. The lawsuit was filed by the State Attorney General Office and the Department of Commerce. It was reported that 150 employees were not paid the wages that they were entitled to under the law.
Virginia has a voluntary program in place that rates day care centers on a 4 star scale. The name of the Virginia program is the Virginia Star Quality Initiative. At this time, there are 31 day care centers with a 4 star rating which is the highest rating on the scale. The rating system provides accountability for day care centers / child care centers in Virginia. Since participation in the rating system is voluntary, many day care centers are not included in this rating system. Inspections and visits evaluate the facility. The quality and consistency of teacher child interaction are also observed.
In North Liberty, Iowa, a day care center recently closed its doors. KCRG TV 9 ABC News reported the story. The center had 95 children enrolled in the day care program. Now the families of these children will need to find another Iowa day care center for child care. The State of Iowa – Department of Human Services did not force the closing of the center; however, a recent inspection of the facility did reveal a number of violations of day care / child care regulations including vans in disrepair repair, safety issues in the playground, and dirty carpet. Parents were reportedly happy with the staff and kept the children in this facility despite these and potentially other problems.
In Johnston, Rhode Island, a mother (Julia Castillo) pulled up to a day care center to pick up her 8 month old child. Something seemed different as she pulled up to My Special Place Early Learning Center. The parking lot was empty. Julia Castillo entered the security code which did not work. She then range the door bell and knocked on the door. There was no response. She then tried to call the day care center on her mobile phone. The calls went unanswered. All through this ordeal – Julia Castillo was thinking about her child who she dropped off earlier that day. Julia Castillo along with her 8 year old daughter (Beverly) then banged on the windows until they heard the cry of her 8 month old son – Christian Martinez – inside the day care center. The police were called and later arrived on the scene. Apparently, the owners, supervisors, and employees of the day care center had all left for the day. All employees failed to realize that Christina Martinez was left behind in a building all alone. While the child was crying, it does not appear that he suffered any serious personal injuries. However, the violations and negligence of the day care center cannot really be defended by the fact that there were no serious physical injuries.
In Richmond, Virginia, state officials with the Department of Social Services have recommended that the day care license for Yellow Brick Road Day Care be revoked. Lynne Williams, the Director of the Virginia Department of Social Services, issued this ruling or determination in response to the tragic death of Andrew Joseph Johnson who died in July 2009. The day care center left Andrew in a vehicle for 7 hours. The owner previously stated that she plans on fighting any decision by state officials to close down her day care center. Criminal charges have been filed and are being pursued against the owner and driver from the day care center.
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-604 – AAC – Outdoor Activity Areas, a child care facility / day care center has a duty to provide a playground or outdoor activity area for children enrolled in the day care program. A day care operator should not place the outdoor play activity in an area that requires children to cross a parking lot or street unless the operator obtains written approval from the Department. In addition, operators have a duty to enclose the outdoor play area / playground with a fence that is a minimum of 4 feet high and secured to the ground. A proper fence will help prevent children from wandering out of the secured play area. The playground area shall be maintained in a manner that protects the health, safety, and welfare of the children. Many personal injuries result from improper or inadequate ground services. As such, Arizona law requires that a child care facility have a shock absorbing rubber material or, in the alternative, 6 inches of of a nonhazardous material like loose sand or wood chips under swing sets and other play equipment. These materials help cushion falls and, thereby, help prevent personal injuries to children playing in the playground area.