By David Wolf, Attorney
Published by Child Injury Lawyer Network
Irene Martin, a 37-year-old woman and day care provider, made her first appearance in Hendricks County Court after she was charged with child abuse. Martin was formally charged with 3 felonies of battery and neglect of a child due to an incident that happened at her home, which she runs at a day care.
By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Middlesex County Prosecutor, Bruce Kaplan, announced that the death of a 17-month-old toddler that occurred earlier this year at a Perth Amboy Day Care Center was an accident. The medical examiner concluded the cause of death to be asphyxia, in combination with two respiratory ailments, bronchopneumonia and bronchitis.
By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Iowa Supreme Court recently handed down a decision that ruled that child injury waiver forms are not enforceable. The case involved a release form used for field trips in the Mid Prairie and Keota School Districts. The ruling makes sense as the use of these documents is really against the public policy. While a school is not liable for every single injury or unforeseeable event that takes place, a school or teacher should not be able to hide behind a blanket waiver form when there is an injury that was caused by negligence or inappropriate supervision. No form or document should give a school district or any other institution that cares for or educates children a free reign to cause injury without any consequences. You can read more about this story at Iowa Supreme Court Rules that Liability Waivers Are Unenforceable.
By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Texas and other States, children, especially those with special needs like autistic children, should get supervision and care from responsible and patient adults who provide day care, child care, or babysitting services. In Texas, a baby sitter was in the midst of a criminal trial when he decided to plead guilty of child abuse charges. The incident involved the scalding / burning of a an autistic child that was under her care.
By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Bullying has become a huge problem, especially for children between grade school and college. The State of New Jersey has announced what it called the State’s Anti-Bullying Bill of Rights. The Anti-Bullying Bill of Rights designates a chain of command at New Jersey schools to crack down on the bullying the very moment it is reporting. The bill of rights will be presented to New Jersey legislators of both major political parties.
By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network
Although parents should protect their children from being bullied, one Connecticut mother did not address the issue correctly. Sylvia Mojica of Hartford, Connecticut was arrested and has been charged with risk of injury to a minor after she sent her son to school with a BB gun and knife. Apparently, Mojica gave her son the weapons to fend off bullies at school. Now, not only is Mojica facing criminal charges but her son may be expelled or suspended for bringing the gun and blade to school.
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Kansas Department of Health and Environment issued an emergency order closing Kathies Kidz Day Care Home, a Paola, Kansas day care center. According to the KDHE, two infants have died just this year. After the death of the second infant, which occurred in August, the operator of the day care agreed to surrender the facility’s certificate. At the time of the surrender, Kathies Kidz were caring for 16 children – that is 10 more children than the center was permitted to care for. KDHE inspectors checked on the facility this month and found the facility still in operation and caring for 6 children. To read more on this topic please see Kansas Department of Health and Environment revokes a day care center’s certificate after second infant dies in day care.
By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Cassius Walker, an 8-year-old boy of Augusta, Georgia, sustained critical personal injuries after he was struck by a pickup truck while trying to board his school bus. Cassius attends Thomson Elementary School in McDuffie County, Georgia. According to the Augusta Chronicle, Cassius was listed in critical condition at the Medical College of Georgia Hospital. If you would like to read more on this story please see 8-year-old boy in critical condition after struck by pickup truck.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
After a little girl died this past summer, the CPR training procedures in Minnesota are being called into question. After Hannah Kozitza, 4, died from choking on a grape in her North Mankato day care center, Minnesota’s CPR procedures started to be investigated. Child advocates criticize the state’s procedures go far enough to save a child’s life. Hannah’s day care center was fined for not following proper CPR procedure when a day care employee called Hannah’s parents before calling 9-1-1. Surprisingly, under Minnesota law, the center’s employees that attempted to help Hannah were not required to be trained in CPR. All that Minnesota law requires is that one person in a child care center must be trained, regardless of the number of children the center cares for. If you would like to read more on this topic please see Child safety advocates criticize Minnesota CPR training procedures in day care centers.
By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
A federal civil rights lawsuit has been filed by Samster, Konkel & Safran, S.C., a Milwaukee law firm, on behalf of the father of a five month old child who was drowned by his mentally ill mother after a Wisconsin social services agency, working with the State of Wisconsin and the Bureau of Milwaukee Child Welfare, left the child in the care of his mother for an unsupervised visit. After making the initial decision to remove the child from the mother’s care four months earlier, due to concerns with her mental health history, emotional instability and threats of violence, the agencies involved then failed to monitor the mother’s medication compliance and mental stability before choosing to allow for the unsupervised visit. In October, 2007, shortly after leaving the child in the mother’s care, the mother put the child in the bathtub, left him alone, and came back later to find him floating lifeless. She then removed the child, dressed him, and called her mental health social worker to report that something was wrong with the child. The police and emergency medical care providers responded, but the child could not be revived. After claiming that “I gave my baby to God,” the mother was charged criminally, she was convicted, and she is now serving a fifteen-year prison term for second-degree reckless homicide. Earlier, the Judge assigned to the child’s case left the decision on any unsupervised visits between the mother and the child to be “at the discretion of the bureau.” The lawsuit alleges that the agencies involved failed to adequately train, supervise and discipline its workers, including the workers in this case, leading to the tragic result.
