Child Injury Lawyer Blog
By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Texas and other States, day care and child care providers have a duty to provide supervision in a safe, nurturing educational environment for children. While many child care providers do an excellent job in supervising children in a day care centers, some child care providers are just in the wrong field of work, lack common sense, and often put their own needs and selfishness over the best interests of the children. There have been a number of reports across the United States of abuse and neglect in day care centers. One recent report involved a Fort Worth area day care center Heart2Heart Montessori Academy. It was reported by a various news and media outlets that a child was duct tapped down to a mat during nap time while wrapped inside a blanket. The child was only 3 years old. The photographs that circulated around town and through the Internet are quite disturbing especially considering that the child was enrolled in a licensed day care center charged with the safety and well-being of this young child. You can read more about this case at 3 Year Old Duct Taped to Mat in Blanket – Fort Worth Texas.
In Indiana and other States, day care providers have a duty and responsibility to provide reasonable and necessary supervision of children enrolled in the day care program. Some of these duties and responsibilities are specifically listed in laws, ordinances, regulations, and guidelines. Some are set forth by the day care center and / or its parent company itself. In many instances, when there is not a specific law or regulation in place as to a particular supervision challenge, some duties and responsibilities arise from the situation itself. Due diligence and common sense can go a long way to protect children and prevent the untimely and preventable injuries and deaths that take place too often in day care centers in Indiana and other States.
In South Glens Falls, New York, a horrific event unravelled right before the eyes of children, adults, and bystanders. During a 25 MPH wind gust, a bounce house lifted off the ground with three children inside. The bounce house was lifed 50 feet into the air. Serious personal injuries resulted from this incident. The children were taken to Albany Medical Center for treatment. It was reported that the bounce house was distributed as a Little Tikes bounce house. You can read more about this story at B
As a Child Injury Lawyers, we are often asked the following question: Does corporal punishment have a place in day care centers? The simple answer to this question is No. Most States prohibit any form of mental or physical corporal punishment in day care centers. In other words, there are specific laws and / or administrative code proceedings that prohibit this kind of conduct in day care centers. While some parents believe in corporal punishment and would acquiesce if a day care center implemented some forms of corporal punishment, it is typically prohibited. Of course, each State has its own rules, laws, and regulations. As such, the applicable provisions should be reviewed, considered, and enforced when there is an issue, concern, or report of corporal punishment taking place in a day care center. Often times, corporal punishment in a day care center is implemented without any concern or thought as to the physical or psychological impact of the child. Furthermore, many acts of corporal punishment are implemented without the knowledge or consent of the parents. In many instances, the implementation of corporal punishment is an indication of the immaturity of the care givers as well as their lack of training and supervision.
In Utah and other States, parents rely on day care centers to provide supervision and oversight of their children while the parents are at work. Many day care centers are safe havens and very supportive and safe environments for others; however, there are that are quite dangerous. Tragically, children die while under the care of day care centers. It is certainly heartbreaking when any child dies but especially so when the death could have been avoided with better supervision, common sense, and care by the child care providers who had a legal duty to provide a safe learning environment for the child.
In Ohio and other States, day care centers should be safe havens for children where they can play, learn, and feel safe. Unfortunately, some day care center workers use their positions of trust to prey on children and even infants in day care centers.
In Pennsylvania and other States, parents rely on day care centers to provide a safe educational environment for their children. Day care centers should be licensed when required by law and otherwise abide by all applicable laws and regulations. In addition, a day care center and its employees should follow the center’s own policies and procedures. Furthermore, all day care center staff members should keep in mind that it is the best interest of the children that should be the focus every day – every minute that the children are being supervised at or by the day care center. Unfortunately, some children are the victims of abuse, neglect, negligence, and even assaults at day care centers. Through better supervision and monitoring by the day care center staff, many such incidents can be avoided or prevented. It is important for day care centers to provide proper trainig and certification of staff members. In addition, the day care center itself should be clean and properly maintained so that it is a safe environment for children. Whatever the pay or the position at a day care center, each job is nonetheless vital because the safety and well being of the children are at risk otherwise.
In New York and other States, children are the unfortunate victims of abuse, neglect, and physical violence. In some instances, the injuries are hidden or masked because the resulting injuries are subtle in nature and explained away by everyday incidents like playing sports or falling down. In other instances, the injuries are far more serious and even fatal. A criminal case went to trial in Manhattan, New York.