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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Pennsylvania.jpgA day care owner in Adams County, Pennsylvania, who is accused of not reporting acts of child sex abuse at her day care, has waived her arraignment. The former Aspers day care employee recently pleaded guilty to molesting six girls who attended the day care, which is located at the 100 block of Clines Church Road. Police were notified by Children and Youth in May 2010. After local police were presented with the sexual abuse allegations, other mothers of victims came forward. A sign is posted on the front door of the residential day care reading that the child care center is closed until February 21. Sadly, the Adams County Child Advocacy Center stated the number of reports of child abuse is increasing, also calling it an epidemic. A statistic in a local Pennsylvania newspaper stated that one in every four girls and one in every six boys will be sexually abused before they turn 18-years-old. All the six girls in this case who were sexually abused are now receiving help. Raymond Messinger, the man who admitted to sexually abusing the young girls, will be sentenced in March 2011. For more read Pennsylvania day care owner accused of not reporting sexual abuse waives arraignment.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgA 32-year-old director of an Austin, Texas, day care center has been indicted on a capital murder charge. Christina Suzanne Lyons was charged after a 10-week-old child left in her care died. The Hays County (Texas) Grand Jury returned the count against Lyons; the indictment accuses her of intentionally causing blunt force trauma to the infant’s head on November 18, 2010. Sherri Tibbe, Hays County District Attorney, told a local paper that her office will not seek the death penalty, meaning Lyons could face a life sentence without parole if convicted. For more see Austin, Texas day care director indicted on capital murder charge of 10-week-old infant.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A former Olympia child care teacher and live-in baby sitter has been arrested on suspicion of raping a 5-year-old boy. The alleged rape occurred at the boy’s home where 20-year-old Elisha Tabor was a live-in babysitter. According to court papers, Tabor has been arrested on suspicion of first-degree child rape and first-degree child molestation. Tabor was an assistant teacher at the Olympia Early Learning Center from 2008 – 2011, taking care of and teaching preschool-aged children. According to Renee Dey, business manager of the center, Tabor quit for “personal reasons” after a parent made allegations against him; Dey was unaware of what the allegations were. Rose Horgdal, program director for the center, stated there are no indications that any abuse took place at the child-care center. However, parents will be notified that an arrest has been made. Tabor admitted to police during an interview about repeatedly raping and molesting the boy while he lived with him. For more please read Former Olympia teacher and live-in babysitter accused of raping 5-year-old boy.

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By Joshua Shulman, Attorney, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Oregon.jpgThe Oregon State Police believe that two teenage boys drowned after waves swept the boys off a rocking outcropping and into the ocean. According to Lt. Gregg Hastings, the body of 18-year-old Connor Gregory Ausland was found. However, authorities have yet to find 17-year-old Jack Harnsongkram. Both young men are residents of Eugene, Orgeon, and were students at South Eugene High School. Hastings also stated that the two teenagers were visiting the area, near Smelt Sands State Park in Lincoln County, with a group of other teens and adults. A local television station reported that a third teen was also knocked into the surf by the powerful waves but manages to get out safely. Police believe that both Ausland and Harnsongkram drowned. For more details please read Two Oregon teens believed to drown after being knocked into surf by powerful waves.

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By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Due to the increasing awareness of youth-athelete concussions, Arizona lawmakers are set to consider a bill that aims to curb the problems presented by concussions in youth athletes. Senate Bill 1521 would impose new restrictions on youth athletes who sustain sports-related brain injuries. Specifically, SB1521 would require any youth who suffers a concussion, either in competition or practice, to be removed from the game or other competition immediately. Before the youth athlete would be able to return to play, he or she would need to be checked and cleared by a doctor or qualified health-care professional. A significant problem with youth concussions is that players are returned to the game before the concussion or other head injury has had adequate time to heal. When the youth is returned to play prematurely he or she becomes more susceptible to sustaining a second concussion or personal injury, which can lead to brain swelling or even death. Concussions can affect a youth’s sleeping and behavioral patters, as well as pose thinking and memory challenges. For more on the new law please see Arizona lawmakers set to decide on law that will impose restrictions on youth athletics and raise concussion-awareness.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

bullying%2C%20no%20sign.jpgA 15-year-old sophomore has been charged with cyberstalking and using false information for an alleged Facebook posting that occurred in November 2010. According to an affidavit, the student at Smithfield High School used a fake account to harass a freshman who, because of a birth deformity, is missing part of her foot. The sophomore allegedly used the fake account to pose as the freshman. The account also had a picture of a bloody severed foot and included the freshman’s last name and birthdate. John Reis, an anti-bullying educator, is concerned that people are not taking the incident seriously, thinking of it as a practical joke instead. Reis is concerned that other students are not appreciate the inherent meanness of the phony account. Also according to the affidavit, the sophomore’s father was rude to police and seemed annoyed when police came knocking on the family’s door. Reis says that parents need to be proactive instead of running for cover. Parents should take responsibility themselves as well as let their children take responsibility for their actions. When a child behaves inappropriately there should be consequences, children should and accept those consequences and learn from their behavior. The Rhode Island State Police cyber crimes units confiscated 3 computers from the sophomore’s home. To read more on this story please see Rhode Island sophomore accused of cyber bullying on popular social networking site.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Banning, California, middle school boys have been arrested on suspicion of sexual assault. The teenage boys are accused of a gang-rape style attack on a fellow female classmate. All the parties involved attend a middle school in Banning, California, a suburban town about an hour-and-half east of Los Angeles. According to Banning police, the female student of Nicolet Middle School was walking home through Roosevelt Williams Part around 5:30 p.m. when she was approached by the three boys. After being approached, police say the boys began to “sexually fondle” the girl, grabbed her arms, and forced her onto a playground set. A police press report stated the victim alleged the teenage boys continued to fondle her and one teen boy raped her while the other two held her down. The victim’s cousin, 13, said that attack happened near the bathroom and left the victim with bruises on her neck and scratches on her face. The park is approximately one mile from the middle school. The victim reported the incident to police at her school the day after the attack, she was able to identify her attackers. Police reported when they interviewed the male students they all admitted to the incident. For more details please read 3 male middle school students accused of gang-rape attack on fellow classmate.

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By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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A bill (law) has been proposed for a modification to Virginia’s current law regarding children passengers on motorcycles or other two-wheel transportation devices. The proposed law would make it illegal for any child under 8-years-old to ride on a motorcycle driver on Virginia roadways. Virginia’s current child restraint law: Children riding in a motor vehicle will be restrained. However, some people do not consider a motorcycle or scooter a motor vehicle. Advocates of the bill say children under the age of 8 should be restrained whether in an automobile or riding a motorcycle, arguing that most children in that age range lack the strength and skills to safely hold on. Opponents of the bill say this law would drastically interfere with parental rights. The recent increase in Virginia gas prices has sparked a drive in motorcycle and scooter sales. Opponents, therefore, argue that with the new law many children will end up having to walk if the law is passed and enforced. For more on this topic please see Virginia proposes new law that will ban child passengers on motorcycles.

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By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

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With increasing public awareness about head injuries due to game-related impact, it is no surprise that state legislatures are enacting laws to help protect youth athletes from sports-related brain injuries. With the start of the new year, New Jersey Governor Chris Christie signed into law a concussion bill that will create a comprehensive awareness and prevention program about these types of injuries. According to research from the Nationwide Children’s Hospital and Ohio State University, there were nearly 400,000 concussions in high school athletics during the 2008-2009 school year. The same research study also concluded that 16% of football players who sustained concussions, which were severe enough to lose consciousness, were back on the field the same day. Most youth athletes are so eager to play that they downplay severe injuries. Coaches, parents, and guardians are also failing to recognize the severity of the youths’ personal injuries. The main problem with downplaying or not recognizing serious injuries is that the injured youth becomes susceptible to Second Impact Syndrome. SIS is where the rain swells from a second concussion before fully recovering from the first, which causes pressure on the brainstem and can cause coma, brain damage and even death. The goal from these programs is to ensure the youth athletes can handle simple physical challenges and exercises before putting them back into play. For more on this topic see State legislatures enact laws to protect youth athletes from brain injury.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

car%20seat%20w%3A%20teddy%20bear.jpgThe California Highway Patrol (CHP), Department of Motor Vehicles (DMV) and Child Doula Services have come together to conduct monthly inspections for child passenger safety. According to CHP Officer Paul Dahlen the goal is to educate not enforce. Hopefully educating those drivers with child passengers will reduce child personal injury and child death statewide. Properly installing child safety seats is a state-wide issue. Dahlen stated that 90 percent of inspected car seats are improperly installed. Proper installation of child safety seats is important because it can reduce the chance of a child being ejected from the vehicle during a crash, as well as decrease a child’s chance of sustaining severe personal injuries or being killed. Under the current California law, children must be secured in an appropriate child passenger restraint (either car or booster seat) until the child is at least 6-years-old or weighs 60 pounds or more. The current fine for violating this law can be significant, 435 plus add points to an individual’s driving records. For more on this topic please see California officials to inspect child safety seats.

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