Articles Posted in Statutory References

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Maryland and Other States, children suffer serious personal injuries every day because a day care center / child care center is not properly maintained. Buildings and the general facilities are often times become run down or are already in a poor condition. As a result thereof, child are injured. Pursuant to Title 13 A State Board of Education – Child Care Centers – Regulation 13A.16.05.01, a child care center has a duty to provide and maintain a soundly constructed building or facility that is in good repair. The child care center must be clean and free from the infestation of insects and rodents. The child care center must also be free from safety hazards.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

street%20stop%20sign%20with%20fasten%20seat%20belt%20sign.jpgThe Alabama Safety Belt Use Act of 1991 (“ASBUA”), codified at 32-5b-1, is Alabama’s primary law that governs safety belt use. This law requires every adult front seat occupant of a passenger car to have a safety belt fastened to their body while the vehicle is in motion. “Adult” was emphasized because Alabama law imposes a different set of requirements on the parents of small children riding with them in a vehicle. This makes perfect sense. Because a child’s body is significantly smaller in size and weight, it cannot be properly restrained by the same safety belt intended for a full grown adult. To make matters worse, fastening a child in an adult restraint could cause even more severe bodily harm / personal injuries to a child in an automobile accident. For these and other reasons, Alabama’s primary safety belt law refers us to a completely different code section at 32-5-222 which specifically governs child safety restraints. You can read this code section and others at the Official Site for the Code of Alabama.

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By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Georgia, rules and regulations are in place for the set up, supervision, and maintenance of playground equipment for Georgia Day Care Centers. The purpose of these rules and regulations is to promote safe play and ongoing supervision so as to limit or prevent child injuries that often take place when children play on playground equipment. Pursuant to Chapter 290-2-2-.12 (aa) (8) & (9), Physical Environment and Equipment – Rules and Regulations for the State of Florida, day care centers need to arrange outside playground equipment so that supervision of the children is not obstructed. The Georgia legislature recognizes the importance of supervision. If equipment prevents or obstructs proper, close supervision, then the facility may not be in compliance with these Georgia rules and regulations. Climbing and swinging equipment, like ladders, monkey bars, and other equipment, shall be properly anchored and shall have a resilient surface beneath the equipment and the fall zone that is adequately maintained. In addition to the above, day care centers should make sure that swings, ladders, slides, and other playground equipment are free from litter, sharp edges, and other hazards. Playground equipment can rust and become deteriorated over time. As such, it is important for a day care center to institute and follow a maintenance and inspection program to make sure that the playground equipment is safe for continued use and free from hazards. You can read about the rules and regulations at Chapter 290-2-2.12 (aa) (8) & (9), Rules and Regulations for the State of Georgia.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgIn Wisconsin, day care centers / child care centers are licensed by the Wisconsin Department of Children and Families. The Department also known as DCF has promulgated or put in place rules and regulations for each type of facility: Family Child Care Centers, Group Day Care Centers, and Day Camps. It is helpful to review the applicable rules and regulations to make sure that the child care center is providing the necessary care and supervision of your child in the day care setting according to the standards set by the Wisconsin Department of Children and Families.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Househould%20Products%20Cleaning%20Supplies%20Green%20Spray%20Bottle.jpgChildren in Maryland day care centers / child care centers should be protected from all hazardous items inside and outside the facility. Pursuant to Title 13 A State Board of Education – Child Care Centers – Regulation 13A.16.10.04 – a child care center shall keep potentially hazardous items away from the reach of children. Harmful or potentially hazardous items include petroleum, gasoline, oil, and other flammable products. Cleaning agents like ammonia, bleach, and detergents need to be stored out of the reach or accessibility of children in the child care center. Poisonous items should be stored away from children and clearly labeled. The clear labeling of poisonous items will help prevent mistakes being made in the child care center as to these items. Firearms are prohibited from child care centers unless the child care center is located in a home. Even then, there are certain restrictions and regulations for the storage of a firearm in the home.

Published on:

By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20blocks%20plprj.jpgIn Wisconsin, there are hundreds of day care centers. Parents and caregivers can look up information regarding a day care center and access important rules and regulations as to day care centers by accessing the State of Wisconsin Department of Children and Families Web Site. The database provides parents, caregivers and others important information regarding the day care centers / child care centers including name, owner, licensee, type of license, address, telephone numbers, hours of operation, and, most importantly, the history of compliance / inspections with the Wisconsin Department of Children and Families.

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By Benjamin A. Klopman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20furiture%20child%20table%20with%20red%20chair.jpgDay care centers / child care centers are regulated by Title 13 A – State Board of Education Subtitle 16 Child Care Centers. Child care is defined as the care of supervision of a child in Maryland during times that the parent has given or permitted the child’s care to another for a portion of a 24 hour day. The Maryland regulations stated that child care does not include group lessons or classes like piano lesson, karate lessons, etc. . . unless the lessons are provided as a pattern that indicate that the business is operating as a child care center. Scouting activities (Boy Scouts, Girl Scouts, and other groups) are also excluded as day care centers.

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

household%20cleaning%20product%20spray%20clear%20liquid.jpgIn Alabama, child day care centers have a duty to provide children with a safe physical environment as to prevent personal injuries and wrongful death of children in the day care setting. Pursuant to Minimum Standards for Day Care Centers Regulations and Procedures, State of Alabama, Department of Human Resources, facilities have duties and responsibilities as follows:

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By Scott Soutullo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

documents%20business%20binders%20black%20lined%20up.jpgIn Alabama and Other States, children suffer personal injuries and in some cases, death, as a result of an incident or accident at a child day care center. In Alabama, a child day care center has reporting and documentation obligations and responsibilities for these incidents pursuant to the Department of Human Resources – Minimum Standards for Child Day Care Centers -Rules and Regulations. In particular, an Alabama child day care center must report within 24 hours any incidents, accidents, or injuries as follows:

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20colored%20chalk%20and%20blackboard.jpgIn Georgia, day care centers / child care centers have a duty to provide a safe physical environment for the children. These regulations, if followed, help prevent serious personal injuries and death to children in Georgia day care centers. Pursuant to Chapter 290 -2-2.12 (z) Physical Environment and Equipment, a Georgia day care center shall keep the following items / areas locked and away from access from children in the day care center:

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