Articles Posted in Statutory References

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By Roy S. Dickinson, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20teddy%20bear%20with%20building%20blocks.jpgIn Oklahoma and other states, day care centers / child care centers inappropriately discipline children in a harsh, neglectful, and harmful manner. We all know that children will misbehave and fail to follow directions at time. Day care center employees should exhibit patience and control when dealing with a misbehaving child. Oklahoma day care centers and child care centers are regulated by Oklahoma Department of Human Services through Requirements for Oklahoma Child Care Centers.

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By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Oklahoma day care centers / child care centers are regulated by the Oklahoma Department of Human Services. The Oklahoma Child Care Licensing Act was enacted to set forth minimum standards for care and protection of children placed or enrolled in day care centers in Oklahoma. Facilities have a duty to follow the regulations and put the health, safety, welfare and education of each child as priorities for the operation of the child care center / day care center. You can access the regulations for Oklahoma day care centers at Requirements for Oklahoma Child Care Centers. Facilities have certain minimum standards to meet as to the following: licensing, staff, training, indoor equipment, outdoor equipment / playgrounds, water activities, rest, toileting, discipline, nutrition, and many other areas. Child care centers / day care centers who ignore or violate these regulations put children at greater risk for danger, child personal injuries, and, in some cases, wrongful death. If a facility has violated a policy / regulation or has otherwise been negligent in the care of a child, a parent or caregiver should seek the advice and counsel of an Oklahoma child injury attorney for guidance issues including medical bills, records, insurance, and compensation.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

gavel.jpgInternet chat rooms serve as playgrounds for child predators looking to take advantage of children. In many instances, a child predator is able to lure the child not only out of the home but out of the child’s home state. William Joe Mitchell recently appeared in federal court and pleaded guilty to the charge of the interstate transportation of a minor for sex. Mr. Mitchell met a 15 year old girl in a chat room online and knowingly transported a child that he knew was underaged from Bartow (Polk County) Florida to Anadulsia, Alabama. These acts were in violation of Title 18, United States Code 2423 (a) which makes it a crime to transport a child under the age of 18 with the intent of having sex. Mr. Mitchell also violated Alabama law which makes it a crime for a person over the age of 16 to have sex with a child under the age of 16 when there is more than a 2 year age difference between the defendant and the child. Mr. Mitchell was 46 years old at the time of the crime. For his crimes, Mr. Mitchell faces a prison term of at least 10 years.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20tire%20swing%20black%20with%20chains.jpgWhen a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20tire%20swings%20empty.jpgOften in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

dog%20behind%20bars.jpgIn South Carolina, a dog owner is liable to a child or other injury victim of a dog bite that takes place in a public place or on the dog owner’s property. Pursuant to Section 43-3-110 – Liability to Person Bitten or Otherwise Attached by Dog, Section – South Carolina Code of Laws, a dog owner is legally liable and responsible for the damages caused to the person bitten. Whether the dog bite / dog attack victim is a South Carolina child or adult, the injuries can be quite serious. Serious dog bites require surgery, antibiotic and wound care treatment, and leave permanent scarring. In some cases, infections can cause both short term and long term health complications for the dog bite victim. Some dog bite victims have required extended hospitalizations for infections that did not respond to anti-biotic treatment.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Michigan and other States, children are often times abused and neglected in child day care centers. When it comes to discipline, many Michigan child care providers use a fist or a belt rather than a calm voice and reason when dealing with children. Corporal punishment in child day care centers is prohibited pursuant to Rule 400.5107, Discipline, Licensing Rules for Michigan Child Care Centers. Punishment in the form of hitting, spanking, biting, pinching and other physical or corporal punishment type of acts are clearly prohibited under this rule. In addition, a child care center can not take away food as punishment or tie up or restrain a child. There are some exceptions to these general rules when the health and safety of the child or others are at risk. Michigan child care centers have a duty to refrain from these acts. If discipline is necessary at the child care center, the child care workers have a duty to promote self control, self direction, self esteem and cooperation rather than resorting to physical violence and corporal punishment.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

animals%20dogs%20black%20dog%20being%20walked%20on%20leash.jpgIn South Carolina, a dog owner has a duty and responsibility to maintain control of his or own dog. Pursuant to Section 47-3-50 – Allowing Dogs or Cats to Run at Large – Penalty – South Carolina Code of Laws, it is unlawful for illegal for a dog owner to allow his or own dog to run at large off the dog owner’s property. This code provision makes the violation of this South Carolina law a misdemeanor. The code provision also requires cities and counties to adopt laws / ordinances consistent with this code provision.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

car%20dashboard%20speedometer%20black.jpgIn Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

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