Articles Posted in Day Care Centers and Child Care

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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Accident Report - UrgentStrange as it sounds, children enrolled in day care centers throughout the nation are at risk for personal injuries from cars, trucks, or motorcycles crashing into a day care center.  That’s right, there are news reports for this type of incident happening in day care centers in most states.  Many day care centers are located off of busy streets.  For some, automobile accidents are a common event.  It may be just a matter of time for some day care centers before a vehicle crashes into the facility.  Does the day care center have a duty to put up crash barriers in high traffic areas?  That is an excellent question.   When dealing with a day care center or any business liability issue for that matter, it is important to review the applicable laws, rules and regulations.  Furthermore, the liability of a day care center or a business is judged or evaluated on what is reasonable and practical under the circumstances.   For may crashes into day care centers, the incident or event is quite surprising to the day care owners, children, and parents.  Certainly, if there was negligent driving in the form of excessive speed, distracted driving, or failing to to obey traffic regulations, a case or claim can be pursued against the operator / driver of the car, trucking, or motorcycle.   Insurance can be a big problem these matters. Hopefully the at-fault driver obtained decent insurance that will cover medical bills, pain and suffering, and the damages related to the crash into the day care center.
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By Roy Dickinson, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Fire Rescue - Blue TruckWhen a parent drops off a child at a day care center, the parent expects that the child will be cared for in a clean and supportive educational environment. The reasonable expectation of the parent is to pick up a happy, healthy child at the end of the day.  With single parent families or dual income working families, day care centers are essential for the family to be able to deal with life changes and stresses.  A good and caring staff at the day care center can go a long way to providing for the needs of the child.   Unfortunately, for some children, serious personal injuries and even deaths result at the day care center.  Is the day care center responsible or liable for every incident?  The answer is No.   Let’s go back and take a closer look at this particular question. The important words are “every incident”.   Just because a child is injured or even dies at a day care center, this does not mean by itself that the day care center is liable for responsible for the injuries.
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By Keith Kerfeld, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Crayons - Different Colors

For busy working parents in the State of Minnesota, it is important for a parent to select a day care center that is well run, clean, safe, and staffed with caring and trained child care providers.  It is typically a wise decision to select a day care cente that is licensed.  While a license is not guarantee that a day care is safe, the lack of a license should be a warning sign to parents during the selection of a day care center.   In Minnesota, day care centers are required to comply with Chapter 245A – Human Services Licensing, Minnesota Statutes, in order to obtain and maintain a day care center license.  Pursuant to Section 245AA.04 Application Process, Subdivision 4, a day care center applying be inspected by the Commissioner of the Department of Human Services which shall include but is not limited to the following:

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By  Andrew Baker, Attorney and David Wolf, Attorney
Building Blocks Glossy - Q - Day Care CenterIn Ohio and other states, parents rely on day care centers to supervise their children during the busy work day.  For many parents, there is no choice but to use the services of a day care center.  It is certainly a challenge to provide the support of the family while paying for day care. Ideally, a child is placed in and cared for in a day care center that provides a safe, clean, and educational environment for the children.  Unfortunately, for far too many children, many day care centers are actually unsafe, unclean, and provide little in the way of education to the children enrolled in the child care program.   One would think that the State entity in charge of licensing and inspecting day care centers would evaluate all aspects of the day care center including the cleanliness, safety, and educational value of the facility.
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By  David Wolf, Attorney
Building Blocks - B - Day Care CenterWhile under the care of a day care center, a child should be supervised in a safe and clean environment.  Here are a few things that we know about all children and especially toddlers and infants.
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By Andrew Baker, Attorney and David Wolf, Attorney

Bandage Child InjuryChildren, especially toddlers, are unsteady on their feet. It is common for a child to fall throughout the day.  While in a day care center, summer camp, or school, a child may fall through no fault of the child care providers.  Then again, some falls are preventable with better maintenance of the facility and / or with better supervision.   Since child care providers should know in advance that children are prone to falling, safety precautions should be put in place to prevent falls and / or to prevent serious personal injuries from resulting from a fall.   Let’s take an example.  
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By  Jonathan Safran Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn Wisconsin and other states, parents rely on day care centers for the supervision of their children during the work day.  In most instances, a child is cared for in a supportive and educational environment.   However, there are also plenty of day care workers who lack the patience, personality, and temperament to properly care for small children. For instance, let’s say that a child is not responding to instructions or commands.  Some day care providers will then pull, shove, or push a child to get them going.   The rough handling or assault of a child can and does lead to serious personal injuries including bruising, fractures, lacerations, and even internal injuries.  Children, especially infants and toddlers, are susceptible to injury any time that they are pulled, pushed, shoved or grabbed.  When an adult pulls on a child’s arm, there can be a dislocation, fracture or other injury.  It is certainly not an easy task to supervise and monitor children; however, this does not excuse a day care center worker from rough handling a child under the supervision of the worker and the day care center.
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Video Surveillance - Day Care CenterMany day care centers across the nation have video surveillance equipment in place to monitor the children under the care of the day care center.  The video surveillance is also used to monitor the care being provided to the children enrolled in the day care center.  In most States, there is no legal requirement per se that requires a day care center to have the video surveillance in place. Some may even argue that such video surveillance would violate the privacy rights of the children, owner, and / or staff members. When a parent enrolls a child in a day care center, a parent should look for transparency and full disclosure by the day care center.   Video surveillance can go a long way to keeping both the children and staff members in line.  Better yet, if a parent has online access to watch the streaming video live while a child is at a day care center can help put another set of eyes on the children and staff at a day care center.
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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  David Wolf, Attorney

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