Articles Posted in Day Care Centers and Child Care

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By  Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

New York City StreetIn New York and other States, parents rely on day care centers and the transportation provided by day care centers during working hours.  It is essential that day care centers carry out these responsibilities with due care and caution. It is well known that children (especially children under the age of 5 years old) lack safety awareness and good judgment. Because of this, it is vital that the child care providers and day care staff members follow applicable rules and regulations and otherwise perform their duties with a sense of professionalism and due diligence.  Finally, there is something that every day care center staff members should have from the lowest level employee to the administrator / owner – common sense.  While there are many rules and regulations, it is impossible for these day care center rules and regulations to cover every incident that could take place at a day care center. As such, the concepts of reasonableness, due diligence, and common sense should all come into play during the care, supervision, and transportation of children.
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First Aid KitBy  Andrew Baker, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Ohio and other States, day care centers have a duty to properly staff and supervise children under the care of the day care center.  When corners are cut and rules are violated, children can and do get hurt. Many such personal injuries sustained by children at a day care center are avoidable.  At any given day care center, there are dangers for small children.   Even a mop bucket can be dangerous to a small child.  Yes, that’s right, a small child could drown in full mop bucket when there are no caregivers around to properly protect the child.  There are also electrical hazards to children.   There are many reports in which a child wanders out of a facility and into a nearby street or parking lot. This could have fatal consequences.  Again, many such incidents take place due to staff and supervision issues.   A watchful eye, common sense, due diligence, and a sense of caring can go a long way to providing for the health, safety, and welfare of children in the day care setting.

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 By David Wolf, Attorney

Published by Child Injury Lawyer Network

School Bus - BlueSummer is a wonderful time for children to explore, to be active, and to get some further education.  For working parents, summer time is just another 3 months of work.  As such, working parents rely upon day care centers and summer camps to provide for the care and safety of their children.   There are serious risks and dangers that present themselves during summer.  Namely, there are risks of serious personal injuries and even death when a child is left in a school bus or day care center van for even just a few minutes.  There should be no such thing as running a quick errand as a child remains in a school bus or day care center van unattended without any air conditioning.   Furthermore, there should be no such thing or story of a child mistakenly left on a school bus or van in the summer or any other time of the year.  With the heat of summer, there are greater risks for hyperthermia which, in turn, can cause serious personal injuries and even the death of a young child.   Tragically, in Baton Rouge, Louisiana, it appears that a child died as a result of hyperthermia as a result of being left in a day care center vehicle.  It was reported that the 22 month old child was left in the vehicle for about 2 hours or so.   A day care center employee was asked to lie to the local authorities as to the situation and circumstances where the child was found.  While the day care center operator had experience working with children, her license had expired.   You can read more about this horrible event at – 22 Month Old Child Dies After Being Left in Day Care Center Vehicle. 
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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Kids Block Spelling Dad As Symbol for Fatherhood And Parenting
It has been reported that approximately 8000 children are seen and treated in emergency rooms every day.  That is a truly significant statistic from the Centers for Disease Control and Prevention.  When a child is injured as a result of a fall at a day care center, school, or summer camp, is there a cause of action, claim, or case that can be pursued?  The answer to this question is not so simple.  It really depends on the facts and circumstances.  A child care provider is not liabile every time that a child is injured as a result of a fall or another incident.  There are inherent risks any time that a child engages in physical activity.  For instance, a child could trip running to first base.  This can happen.  A child could fall while playing on the playground.  This also could happen.  However, if a child care provider was negligent and the injury was preventable, that is another story.  Let’s say children are playing on swings and create a game in which the child wins if he or she jumps the furthest from the swing in mid air.   This game goes on for 45 minutes when a boy jumps off the swing high and far and breaks his leg.  This was a dangerous activity for the group of 7 years old.  Appropriate and reasonable supervision would have prevented the game from moving forward and the incident and resulting injuries would have been avoided.  Here are some factors to consider in evaluating a fall incident as a potential case:
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School Bus - BlueBy David Wolf, Attorney

Published by Child Injury Lawyer Network

In the State of Washington and other States, schools and day care centers transport our most precious and important passengers – our children. In doing so, the school and day care center drivers have a legal responsibility to drive in a safe manner, obey traffic regulations and signs, and otherwise use their best efforts and judgment to get the children from one place to another.  One of the easiest tasks is the responsibility to make sure that all children are removed from the bus at the appropriate stop and certainly by the end of the run.   While this is a somewhat simple task, it is one that is commonly overlooked by day care center / school bus drivers and attendants.  It certainly requires more that merely checking the rear view mirror or completing a quick glance towards the back of the van or bus.  A school bus driver should conduct a visible sweep of the school bus. In other words, a school bus driver should safety park the bus and then get out of his or her seat and walk from the front of the bus or van and look in every seat and aisle all the way to the back and make sure that all children are removed from the bus.  It is also a good way to see if any children left any items on the bus like book bags, books, lunches, sports equipment, mobile phones, etc.  It is also a good idea to conduct a visible sweep two times for good measure.  If there is both a school bus driver and an attendant, then it is recommended by some school and child safety experts that each person (the school bus driver and the attendant) conduct the visible sweep of the bus.

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Kids Number Block As Symbol For Numeracy Or CountingBy David Wolf, Attorney

Published by Child Injury Lawyer Network

Here is a simple but important question:  Should day care centers provide constant care and supervision during sleep time or nap time?  The answer to this question is Absolutely Yes!   That’s right the answer has an exclamation point at the end because it is so important that child care centers and day care centers have trained staff in place that recognize the risk and dangers during nap time and sleep time for infants and toddlers.   Without any child of child care training, one would think that the safest place for a child or a baby is in a crib during sleep time.  The truth is that many children every year suffer personal injuries and even die during sleep or nap time due to inadequate supervision, improper sleep position, and the presence of blankets, stuffed animals and other soft objects left in the crib or sleeping area.

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Kids Block Spelling Dad As Symbol for Fatherhood And Parenting

By David Wolf, Attorney

Published by Child Injury Lawyer Network

Legistlators in Arkansas have revised the applicable regulations for day care centers in an attempt to improve the quality of care as well as the enforcement of the same.  It has been reported that there are over hundreds of changes to the existing day care center / child care regulations for licensed day care centers in the State of Arkansas.  There will be stricter rules for background checks and there will be stricter educational requirements for day care center directors.   Education and regulation can go a long way to improving the care and to better protecting children enrolled in a day care center.   While regulations are important, they are not always filed or strict enough to bring some day care centers into line. It is important that parents seeking or currently with day care / child care in place also exercise due diligence in investigating and monitoring the day care center.   Parents should frequently visit the day care center and also visit at odd hours to make sure that the quality of care is consistent at all times of the day and during all day care related activities.  You can read more about the Arkansas Regulations for Day Care Centers at New Regulations Go into Effect for Day Care Centers in Arkansas. 

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ByChild Care Note As Reminder For Kids Daycare David Wolf, Attorney and Robert Fernicola, Attorney

Published by Child Injury Lawyer Network

In New Jersey and other States, parents rely on day care centers to provide care and supervision of their infants.  In most instances, work  schedules put parents in a position of needing day care for their infants.  What kind of supervision should be provided to infants at day care centers?  The laws and regulations vary from State to State.  As such, it is important to look to the respective State’s day care center regulations to determine what is required as to staff to child ratios, training, supervision, facilities, licensures, and other requirements.  Infants require a higher level of supervision and attention while enrolled in a day care center.  Infants are especially at risks for choking, respiratory difficulties, SIDS (Suddent Infant Death Syndrome), and other complicatons.  Because of this, infants should not be left attended or under the watch of a baby monitor or other electronic device.  When a child has a respiratory or other problem at a day care center, it is important for the trained day care staff to spring into action.  Otherwise, the infant at the day care center is at risk for serious personal injuries and, in some tragic instances, an untimely death.   In Highland Park, New Jersey, it was reported by the Associated Press (AP) that a day care center worker was charged with one count of child endangerment for levaing a child unattended which was determined to be a contributing factor of the death of the infant.  The autopsy did not necessarily pin point the cause of death.  You can read more about this tragic story at Day Care Center Worker Charges in Infant’s Death in Highland Park, New Jersey.

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Red blanketBy Nancy Hirsch, and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Missouri and other States, parents rely on day care centers to provide reasonable and secure supervision so that parents can attend to their jobs and other commitments.  Unfortunately for some infants and children in day care centers, their needs are neglected to the point that serious personal injuries and even death result while in the day care center.  One commonly overlooked time of danger involves nap time or sleep time at the day care center.  Infants are at risk for injury while in nap time or sleep time.  This statement should be repeated and bolded.  Infants are at risk for injury while in nap time or sleep time.  For children under the age of 2 years old and other children needing special assistance, direct supervision is recommended due to the risk of suffocation, asphysiation, and / or SIDS (Suddent Infant Death Syndrome) incidents.   In addition to direct supervision, day care centers should take steps to clear the sleeping area of pillows, soft objects, blankets, and any other items that can be a hazard for sleeping infants.   At the beginning of nap time, the sleeping area may be safe; however, all it would take would be another child to toss a simple stuffed animal into the crib or sleeping area to create a hazardous situation.   This is just one reason among many to have direct supervision in place for infants in a day care center during sleep time or nap time.

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