Florida Child Injury Lawyer Blog

Pursuant to Title XXIX - Public Health, Chapter 402 - Health and Human Services: Miscellaneous Provisions, Section 402.302 - Definitions, a "child care facility" mean any child care center or child care arrangement which provides child care for more than 5 children unrelated to the operator of the center and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

The following are not considered a "child care facility":
1. Public and nonpublic schools, as well as their integral programs (except as provided in s.402.3025);
2. Summer camps having children in full-time residence;
3. Summer day camps;
4. Bible schools that are normally conducted during vacation periods; and
5. Operators of transient establishments, which provide child care services solely for the guests of their establishment or resort. The definition of "transient establishment" can be found under Title XXXIII, Chapter 509, section 509.013, Florida Statutes (2011).

Child care facilities are regulated under Chapter 402, Florida Statutes. The purpose of this chapter is to establish statewide minimum standards for the care and protection of children in Florida child care facilities, ensure maintenance of these standards and to enforce regulations through a program of licensing.

Pursuant to Title XXIX - Public Health, Chapter 402 - Health and Human Services: Miscellaneous Provisions, Section 402.302 - Definitions, an "indoor recreational facility" is defined as an indoor commercial facility, which is establishment for the primary purpose of entertaining children in a planned fitness environment. Entertainment is provided through equipment, games and activities in conjunction with food service. These facilities do not provide care for a particular child for longer than 4 hours per day. An "indoor recreational facility" must be licensed pursuant to section 402.305, Florida Statutes (2011), but is exempt from the minimum outdoor-square-footage-per-child requirement within that section, if the facility has at least 3,000 square fee of usable indoor floor space.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Satisfying all licensing and spacing requirements ensures the facilities providing care are habitable and well-maintained.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to provide direct supervision to the children under the facility's care. "Direct supervision" is defined as watching and directing children's activities within the same room or designated outdoor play area, and responding to the needs of each child. Child care staff or other personnel must be assigned to provide direct supervision to a specific group of children. These groups are no larger than three and the child care personnel must remain with the group of children at all times. When caring for school-aged children, day care staff are to remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for the children at all times, including when children are separated from their groups.

Many childhood personal injuries are preventable. A key way to prevent most childhood personal injuries is to provide incessant and direct supervision of the children. Many childhood accidents can happen within thirty seconds to a few minutes. Regulating the staff-to-child ratio and requiring constant supervision is a critical tool in preventing child personal injuries.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to provide the custodial parent or legal guardian access, both in person and by telephone, to the facility during normal hours of operation or during the time the child is under care of the center.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Parents and legal guardians will have a higher sense of security if allowed access to the facility. The facility and children under the facility's care should be easily accessible, especially in the event an accident or other emergency occurs. In addition to providing access, Florida Day Care Centers are required to provide emergency contact numbers and obtain designated emergency contacts for the children under the center's care. Having emergency contact numbers and designated emergency contacts will ensure that parent's or legal guardians of children will be notified and well informed of their child's safety and health while attending a Florida day care. Easily and accessible emergency contact numbers, as well as access to the center, can prevent childhood personal injuries and/or reduce the severity of an injury sustained by a child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Although ATVs (All Terrain Vehicles) might seem inherently dangerous to parents, but to children, they look like they are a lot of fun to ride. Other children ride them, and there are even parks and trails throughout the State of Florida specifically designated for this recreational activity. In addition, families can also rent them while on vacation at most popular resorts, so how can ATVs be dangerous? These are all factors that overcome a parent’s natural instinct about the possible dangers of ATVs and children, and also make ATVs a good candidate for a hidden danger.

In Jacksonville, Florida, an eleven-year-old boy fell off an ATV and died. According to the Jacksonville Sheriff’s Office, James ‘Colton’ Jackson was riding with a ten-year-old on an ATV that was driven by a 14-year-old when they hit a bump in the road. Jackson was ejected backwards off the vehicle and sustained life-threatening injuries from the fall. He was taken to Shands Jacksonville Hospital for treatment, but he sadly died. None of the boys were wearing helmets, said authorities.

ATV accidents and injuries are not rare. According to statistics, there are about 100 to 00 ATV-related deaths in children and teens under the age of 16 each year and an estimated 40,000 injuries treated in emergency rooms.

If you do chose to let your children ride on ATVs, remember that Florida law requires that children under the age of 16 to wear helmets and eye protection. For more information on this topic, see Boy who fell off all-terrain vehicle dies.

Pursuant to Chapter 65, Rule 65C-22.004 Health Related Requirements, Florida Day Care Centers are required to keep certain information on site, visible and easily accessible. Florida Day Care Centers are required to post emergency telephone numbers (including ambulance, fire, police, poison control center, Florida Abuse Hotline) and the address of and directions to the center facility on or near all telephones at the facility. This information should be as necessary to provide quality care and protect the children at the center. Florida Day Care Centers are also required to contact the parents or legal guardians of a child under the center's care in the event of any serious illness, accident, injury or emergency to their child. Parents or legal guardians shall also be informed of the center's specific instructions regarding the action to be taken under these circumstances, these instructions shall be followed. In case the custodial parent or legal guardian of the child cannot be contacted, the owner of the facility shall contact those persons designated by the parent or guardian to be contact under these circumstances. These designated persons shall also follow any written instructions given to them by the custodial parent or legal guardian of the child.

Also, ALL accidents and incidents that occur at a Florida Child Care Facility must be documented and shared with the custodial parent or legal guardian on the child on the day the accident and/or incident occurred.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Having emergency contact numbers and designated emergency contacts will ensure that parent's or legal guardians of children will be notified and well informed of their child's safety and health while attending a Florida day care. Also, easily and accessible emergency contact numbers can prevent childhood personal injuries and/or reduce the severity of an injury sustained by a child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

A tragic automobile accident has left an Orlando family mourning the death of a teenage boy, and waiting to learn whether the boy’s father will survive his life-threatening injuries. According to officials, Matthew Knorr, 17, was the passenger in a car that was struck by another vehicle near Colonial Drive and Chuluota Road in Central Florida; he was sadly pronounced died at the scene. His father, John Allan Knorr, 42, the driver of the vehicle, was taken to Orlando Regional Medical Center in critical condition.

The crash occurred during a frequent Florida afternoon thunderstorm. According to the Florida Highway Patrol, a 1996 Chevy sport utility vehicle was headed east on Colonial drive when it failed to stop at a red light. The SUV struck the Knorrs’ 1997 Dodge Stratus, which was headed south toward the intersection on Chuluota Road, said troopers. The driver of the SUV, Brandon Lee Benton, 27, sustained only minor personal injuries and was not hospitalized. Troopers said charges are pending, and the crash remains under investigation.

Matthew’s family said that he was loved by the whole family. He enjoyed spending time with his grandparents Robert and Rose Knorr and helping them around their house. Matthew’s mother, Jessica Knorr, said that the East River High School rising senior enjoyed hunting, but most of all, he enjoyed spending time with his father. John Knorr, a disabled former mechanic, had recently bought Matthew a used pickup truck. He and his son were going to fix it up together, so Matthew could drive it once he got his license in November.

For more information on this topic, see Family reeling after Friday crash kills teen, injures dad.

Florida day care centers that are planning for field trips should consider among other things, supervision and staffing needs. Pursuant to Chapter 65, Rule 65C-22.001- General Information, Florida Day Care Centers are required to have one additional adult present on all field trips away from the facility, in addition to the number of staff required to meet the standard staff to child ratio. The purpose is to provide direct supervision.

Below are some safety tips for parents to discuss with their child’s day care center in regards to field trips:

• Inquire about the outing: where are they going, how will they get there, who will be with them, what they will be doing, and when they will get back

• Instruct children to never leave the group- safety in numbers.

• Put your contact information in your child’s pocket in case of an emergency

• Recommend to your child care facility that they give children a special meeting place in
case they are separated from the group

• Suggest that the children all wear the same color shirt so they are easily spotted if separated

Rule 65C-22.001 also sets forth specific rules for a Florida Day Care Center / Child Care Center that uses a facility for swimming-related activities. If a child care center uses a swimming pool three feet or deeper, or a beach or lake, the child care center must provide one person with a certified lifeguard certificate or equivalent. A child care center does not have to provide a lifeguard if a certified lifeguard is already on duty and present at the facility when the children are in the swimming area. For more information on this topic, see Additional Superivsion Requirements.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required have proper insurance on any vehicle that is used for transporting children while under the care and supervision of the facility. Specifically, all child care facilities must comply with the inspection responsibilities and insurance requirements found in Section 316.615, Florida Statutes (2011).

Pursuant to >sec. 316.615, Florida Statutes (2011) - School buses; physical requirements of drivers, all school buses and motor vehicles must be covered by single limits liability insurance to protect passengers being transported, in the following amounts:

- $5,000 multiplied by the rated seating capacity of the vehicle; or
- $100,000, whichever of the two is greater.

For purposes of the this requirement "school bus" means all motor vehicles with a seating capacity of 24 o more passengers, which is regularly used for the transportation of passengers to or from school, or to or from school activities. The term "school" includes all public and private nursery, preelementary, elementary and secondary school levels.
(b) For the purposes of this section the term “school” includes all public and private nursery, preelementary, elementary, and secondary level schools.

Automobile accidents are leading cause of childhood personal injuries. Although many automobile accidents are preventable, accidents are sometimes unavoidable and unfortunately occur. Having the required insurance on vehicles that provide transportation to children under the center's care ensures the children's safety and well-being in the event an accident does occur.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required label all harmful items such as cleaning supplies, poisons, toxins, flammable products and other hazardous materials. All of these items, as well as knives and sharp tools must be stored in locations inaccessible to the children under the care of the facility.

Many serious childhood personal injuries and deaths in child day care centers in Florida can be prevented if safety precautions are taken to remove or lock away dangerous items. The purpose of these and other Florida regulations is to protect children in child care centers from the real hazards and risk of personal injuries and deaths from hazardous conditions / products.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore

Triniece Surrency, 15-years-old of Macclenny, Florida died in a two -car automobile accident in Nassau County. According to the Florida Highway Patrol, the wreck occurred on U.S. Highway 90 west of County Road 121. Triniece was a passenger in a 2002 Lexus driven by Darkeea Surrency, who lost control of the vehicle for an unknown reason. Troopers said the vehicle spun into another lane and hit a Hyundai with three passengers. The driver of the Hyundai, 30-year-old Sheila Erfilo, sustained major personal injuries, and the two children in the car, ages six and 9, sustained minor personal injuries. All three were transported to Shands for treatment.

According to family members, Triniece and Darkeea were on their way to church when Darkeea blacked out at the steering wheel. Triniece’s father, Theodore Surrency, said that the Baker County High School student loved reading, computers, music, spending time with her nieces and nephews, and going to church. Theodore said he knows that his daughter is in heaven now; ‘She was my baby. She was a great kid. And she will be missed.’

The investigation has revealed that alcohol was not a factor, and everyone was wearing a seat belt. Charges were pending due to the on-going investigation of the Nassau County accident. For more information on this topic, see 15-Year-Old Killed In Crash.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to fulfill specific staff-to-children ratios. Rule 65C-22.001 incorporates Section 402.305(4), Florida Statutes (2011), which governs the primary responsibility for the direct supervision of children and applies at all times while child are under the facility's care.

Below is a summary of the statutory requirements of the staff-to-child ratio:
1. Children from Birth to 1-year-old: 1 child care personnel for every 4 children.
2. 1-year-old or older, but younger than 2-years-old: 1 child care personnel for every 4 children.
3. Children 2-years-old or older, but under 3-years-old: 1 child care personnel for every 11 children.
4. Children 3-years-old or older, but under 4-years-old: 1 child care personnel for every 15 children.
5. Children 4-years-old or older, but under 5-years-old: 1 child care personnel for every 20 children.
6. 5-years-old or older: 1 child care personnel for every 25 children.

When children 2-years-old and older are under the care of the facility, the staff-to-children ratio shall be based on the age group with the largest number of children within the group.

Below is a summary of the staff-to-child ratio requirements and regulations involving Mixed Age Groups:

1 In groups of mixed age ranges, where children under 1-year-old are included, one staff member cannot be responsible for more than 4 children of any age group.

2. In groups of mixed age ranges, where children 1-year-old but younger than 2-years-old are included, one staff member is prohibited from being responsible for more than 6 children of any age group.

A two-year-old boy was killed during a tragic pedestrian accident involving a small dump truck in Volusia County. The pedestrian accident occurred on Osteen-Maytown Road, east of Osteen, in Volusia County, said the Florida Highway Patrol.

According to the FHP, the boy, Antonio Nelson was standing in the front yard holding his grandmother’s hand. He suddenly broke away from her and darted into the roadway, said FHP Sergeant Kim Montes. He was struck by a Ford F-550 truck, which was loaded with trash. The driver of the truck, 27-year-old Timothy Simmons, tried to avoid the boy, but the rear of the truck ran over Nelson, said Montes. He was sadly pronounced dead at the scene. Nelson was the grandson of Seminole County Sheriff’s Major Clifford Manley, said authorities.

Danger can come from any direction, so Florida drivers and parents must be aware of the risk of pedestrian –automobile accidents involving young children. Many of these preventable injuries and deaths occur in residential driveways or streets when drivers are not aware of children nearby. Parents, caregivers, drivers, and children can all do their part to ensure that children do not share the same space as vehicles. Here are a few safety tips:

• Designate safe play areas for children away from parked or moving vehicles.
• Block of the driveway and yard so vehicles/ children cannot enter/exit.
• Firmly hold the hand of children when walking near moving vehicles.
• Walk completely around your parked vehicle before getting in and starting the engine; check for children or anything that would attract a child’s attention like pets or toys.

For more information on this topic, see Troopers identify child who was hit, killed by dump truck.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to provide and maintain outdoor equipment including playground equipment in good repair and safe condition. Staff members at child care centers are also required to obey certain rules and regulations concerning their behaviors and the care they provide to children under care at the facility. For example, staff employees must provide direct supervision. "Direct supervision" means watching and directing children's activities within the same room or designated outdoor play area, responding to each child's needs. Staff members at a child care facility must be assigned to provide direct supervision to a specific group of children at all times. When staff members are providing care for school-aged children, staff personnel remain responsible for the supervision of the children in care and capable or responding to emergencies. These employees are also accountable for the children under their care, and the care of the center, at all times, this even includes when children are separated from their designated groups.

Often times, children are unaware of the dangers that surround them. Childhood personal injuries are, more often than not, preventable. A key way to prevent children from suffering personal injuries is to provide consistent, direct supervision. Proper supervision by an adults who are capable, competent and responsible individuals is critical to ensuring the health and well-being of children enrolled in a Florida Day Care Center.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to provide supervision to the child under the center's care while the children are sleeping. Specifically, adequate supervision means a sufficient amount of staff members in close proximity, within sight and hearing of all the children. Any excess staff present to satisfy the the required staff-to-children ratio must be located within the same building and on the same floor, as well as be readily accessible and available. The excess staff needs to be readily accessible in case they need to be summoned in order to ensure the safety of the children at the center.

NOTE: Child 24-months-old and younger must be directly supervised at ALL times.

Although children may be resting during nap time, staff employees at Florida Day Care Centers should still be alert during this time. Without proper supervision of children at all times, child could potentially wander off and be harmed or injured. Also, providing adequate supervision during nap time ensures a child's well-being and safety. Children could potentially choke or stop breathing while sleeping. If under direct supervision a child's likelihood of suffering personal injuries is greatly diminished.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, as well as covers a wide array of other childhood injuries and topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to follow certain rules when the day care center provides transportation to the children under the center's care. Florida Day Care Centers must comply with the following rules:

1. Maximum Number of Passengers. The number of passengers transported in a vehicle may not exceed the vehicle's manufacturer's designated seating capacity or the number of factory installed seat belts.

2. Seat belts. Every child, when transported, must be restrained by a factory installed seat belt or federally approved child safety restrained. The only exceptions is if the vehicle is excluded from this requirement by Florida Statute.

Note: "Vehicles" are defined as those vehicles that are owned/operated or regularly used by the Florida child care facility, as well as vehicles that provide transportation through a contract or other agreement with an outside entity.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Automobile accidents are a leading cause of childhood personal injuries or childhood deaths. Transportation provided in compliance with these rules ensures a child's safety and well-being while under the center's care, as well as reduces the severity of injuries that a child may sustain in the event an accident does occur.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required meet certain criteria when transporting children.

1. The driver of any vehicle that is regularly used by the child care facility must have a current Florida driver's license and an annual physical examination that grants approval to drive.

2. Any vehicle that is regularly used to transport children must be inspected annually by a mechanic. The mechanic must document the maintenance on the vehicle.

Rule 65C-22.001 also incorporates the inspection responsibilities and insurance requirements under 316.615, Florida Statutes (2011). Pursuant to sec. 316.615 - Schools buses; physical requirements of drivers, Florida Day Care Centers must comply with certain regulations if transportation is provided for children to and from school. "School" includes all public and private nursery, preelementray, elementary and secondary level schools. All motor vehicles, except privately owned passenger vehicles and those operated by governmental entities, that have a seating capacity of less than 24, which is regularly used for the transportation of pupils to or from school, or to or from school activities, must be equipped with the following:

1. Nonleaking exhaust system;
2. First-aid kit;
3. Fire extinguisher;
4. Unbroken safety glass on all windows;
5. Inside rear view mirror, which is capable of giving the driver a clear view of vehicles approaching from behind; and
6. Seats that are securely anchored.

These day care center buses, vans, and vehicles are prohibited from transporting more passengers than they are equipped to seat.

Automobile accidents are a leading cause of childhood personal injuries or childhood deaths. Compliance with the rules and regulations ensures the safety and well-being of children while under the care of Florida Day Care Centers.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to comply with certain rules and regulations regarding discipline and corporal punishment of the children under the care of the center.

The child care facility must have verification that the facility has provided, in writing, the disciplinary practices used by the facility on the center's enrollment form, with the signature of the custodial parent or legal guardian. All staff and other child care personnel employed at the children care facility must comply with the facility's written disciplinary practices. The disciplinary policies must included standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest or toileting. Spanking or any other form physical punishment is prohibited by all staff and child care personnel.

Rule 65C-22.001 incorporates Section 402.305(12), Florida Statutes (2011) - Licensing standards; child care facilities. The following are the minimum statutory standards for child discipline practices, which must ensure age-appropriate constructive disciplinary practices are used for children care:
1. Child must not be subjected to discipline which is severe, humiliating, or frightening.
2. Discipline cannot be associated with food, rest or toileting.
3. Spanking or any other form of physical punishment is prohibited.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore

Pursuant to Chapter 65, Rule 65C-22.004 Health Related Requirements, Florida Day Care Centers are required to have at least one staff member with a valid certificate of course completion for first aid training and infant and child cardiopulmonary resuscitation procedures (CPR). A staff member who fulfills these requirements must be present at all times while children are under the care of the day care facility, whether on-site or off-site (i.e., field trips). "Field trip" means all activities away from the day care facility, except regular transportation to and from the facility (i.e., pick-up and drop-off). A "valid" certificate cannot be more than 3 years old and cannot be satisfied via on-line courses. CPR training must be done via classroom instruction.

Florida Day Care Centers are also required to have on-site, at all times, at least one first aid kit that contains materials capable to administer first aid. A first aid kit must also accompany the center's staff while on field trips. The kit shall be in a closed container, labeled "First Aid." These kits shall also be accessible, at all times, and kept out of the reach of children.

At a MINIMUM, the first aid kit MUST include:
- Soap
- Band aids or equivalent
- Disposable latex gloves
- Cotton balls or applicators
- Sterile gauze pads and rolls
- Adhesive tape
- Termometer
- Tweezers
- Pre-moistened wipes
- Scissors
- A current resource guide on first and CPR procedures

Florida loses more children under the age of five years to drowning than any other state. In Pasco County, a two-year-old boy drowned in his backyard swimming pool. Authorities said that he slipped outside while his mother was sleeping through a sliding glass door. The woman called 911 after she woke up and found her son, Juan Bermudez, unconscious in the pool, according to the Pasco County Sheriff’s Office. The child was taken to Community Hospital, where he was sadly announced dead.

Florida law sets forth requirements for residential pools to help prevent child drowning. The law requires that new residential swimming pools have at least one of the following: an enclosure, pool safety cover, exit alarms on doors, or self-closing, self-latching devices on entries to the pool. The enclosure must be a barrier at least four feet high on the outside and surround the perimeter of the pool. Gates to the swimming pool must also be equipped with self-closing and self-latching locking devices. The residence may be used as one side of the barrier if it does not contain doors or windows that provide access to the swimming pool. For more information on this topic, see Boy sleeps past sleeping mom, drowns in pool.

Florida Child Care Centers provide supervision in a group setting with planned activities. Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to have a written and followed plan of scheduled activities for all children. This plan must be posted in a place that is accessible to parents. In addition, the written plan must meet the needs of the children and include activities that:

• Encourage the emotional, intellectual and physical growth of the children.
• Include both active and quiet playtime, both inside and outside.
• Include meals, snack and nap times, for the age and times of the children, if necessary.

Rule 65C-22.001 also requires Florida Child Care Centers to advise parents in advance of each field trip. The details such as the date, time and location must be posted in an obvious location at least two work days in advance. Also, the Florida Day Care Center must obtain written parental permission by either a general permission slip or prior to each field trip. If for some reason two day notice cannot be posted, then individual permission slips must be obtained from each parents. For more information on this topic, see Additional Superivsion.

According to officials in Dania Beach, Florida, an eight-year-old girl was taken to the hospital for firework-related injuries. She was watching fireworks in a backyard, and when the fireworks went off she was struck in the back of her head by a piece of concrete. Authorities said that someone had tried to use a cinder block to stabilize the firework. The child was taken to Memorial Regional Hospital for treatment and is expected to recover.

During the month of July, typically around Independence Day, children are more likely to become victims of firework-related injuries. Injuries from fireworks are most likely to affect the hands, eyes, and the head, face, and ear; children 14-years or younger are the most prone to these types of injuries. Firecrackers, sparklers, and rockets accounted for most of the injuries reported in the emergency departments, according to the Centers for Disease Control and Prevention.

The best way to protect your family from firework-related injuries is to not set off fireworks at home in the first place. Attend public displays and leave the lighting to experienced professionals. However, if you do choose to set off fireworks at home, here are a few safety tips to keep in mind:

• Children should not play with fireworks, but if you give kids sparklers, make sure they keep them outside and away from the face, clothing and hair.
• Never attempt to make your own fireworks.
• Light one firework at a time and never re light a dud.
• Always light fireworks outside and have a bucket and a hose close by in case of an emergency.
• Soak all fireworks in a bucket before disposing of them in a trash bin.

For more information on this topic, see Girl Injured in Fireworks-Related Accident

According to National Statistics, 40 percent of American homes with children have some form of gun or firearm in their home. In addition, the research also indicates that in one in four or 25 percent of those homes the guns are loaded; due to the large number of unregistered firearms, this number is probably on the low side. Although it is a person’s right to own firearms for personal safety, many parents forget to take the necessary steps to ensure gun safety in their home.

For example, in Orange Park (Clay County), Florida, an 11-year-old boy was accidentally shot in the head while handling a rifle at home. The incident occurred at the 400 block of Kevin Drive. According to the Clay County Sheriff’s Office, Seth Laster and another young family member were handling the rifle in a bedroom when the gun accidently discharged and struck him in the head. A spokesman for the Sheriff’s Office, Mary Justino, said that the boy was treated for gun-related personal injuries at Shands Jacksonville Hospital. Justino suspected that the shooting was accidental.

The reality is that guns can seriously harm, if not kill a child. Therefore, parents need to make sure that they are taking every safety precaution to protect their children from the same devices they use to protect themselves. Parents should store their guns safely and appropriately, and talk with their children about firearm safety. For more information on this topic, see 11-year-old Clay boy critically injured in apparent accidental shooting.

Dominic Andrews died at Jomida Learning Center in Homestead, Florida (Miami-Dade County). When a parent drops off a child at a day care center, a parent expects that the child is cared for in a safety, healthy, and supervised learning environment that serves the best interest of the child. This is not only common sense but it also the law. Florida Day Care Centers are regulated by the Florida Statutes and the Florida Administrative Code. There are laws and regulations in place as to indoor supervision, outdoor supervision, medications, transportation, attendance, medications, and many other aspects of day care and child care in and around the facility. The Florida Day Care Center has a duty to comply with the various Florida Administrative Code and Florida Statute provisions. Compliance is mandated. Facilities that follow the rules and regulations generally are able to avoid or prevent serious personal injuries or death to a child. Unfortunately and tragically in many instances, Florida Day Care Centers violates the law and / or takes short cuts and actions to save money at the expense of the child's health, safety and well-being.

The Florida Department of Children and Families and local law enforcement are investigating the death of Dominic Andrews who was only 18 months old at the time of his death. See Questions Remain In Toddler's Death At Day Care
Homicide Detectives Investigate Child's Death.

The investigation will address the following issues and other issues in an attempt to determine the cause and preventability of this child's death:

What time did Dominic Andrews arrive at the facility?

What documentation was written as to the arrival and supervision of Dominic Andrews?

How many children (including Dominic Andrews) were being cared for at the Florida Day Care Center?

How many children was Jomida Learning Center licensed to care for at the child care facility?

What was the staff-to-children ratio on the day of the incident?

Did the facility violate any Florida laws or regulations on the day of the incident as to the care and supervision of Dominic Andrews?

What were the results of the autopsy of Dominic Andrews?

Was the death of Dominic Andrews preventable?

When dealing with a tragedy of a child's death, the parents and family of Dominic Andrews will need the love and support of their close friends, church, and community. All the support in the world will not bring the child back to live but will help the family try to cope with the loss which will never ever be forgotten for the life time of the surviving family members.

You can read more information on Florida Day Care Centers at Frequently Asked Questions Regarding Florida Day Care Centers and the Florida Law. You can also receive a free copy of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. There are Chapters on Damages / Compensation, Day Center Injuries, and School Injuries. See also Florida Day Care Centers - What Rules / Laws Apply to Driver's Logs and Transporting of Children?

Sadly, children are often victims of pedestrian injuries. Just recently, two children in Baker County suffered critical injuries when they were hit by a motor vehicle.

A 12-year-old girl and her 11-year-old brother were hit by a car in MacClenny (Baker County) Florida as they were trying to cross the street to go to summer school at Baker County Middle School. According to Lieutenant Bill Leeper of the Florida Highway Patrol, the children were hit by a 2005 Ford Focus on Florida 121 near Lowder Street. The driver of the Ford Focus, 29-year-old Tara Nunley of Sanderson, was traveling south on Florida 121 when the pedestrian accident occurred, said the FHP. Lt. Leeper said that both children sustained serious personal injuries; the MacClenny boy was airlifted to Shands Jacksonville, and the girl was taken to Ed Fraser Memorial Hospital in Baker County for treatment. No citations were issues at the scene.

In Florida, the issuance or lack of issuance of a traffic citation typically has no bearing on a civil or personal injury case or lawsuit regarding the accident. In other words, the pursuit of a personal injury case or claim is not necessarily dependent on the findings of the police officer or the decision to issue a citation or not issue a citation.

According to statistics from Safe Kids, pedestrian injury is the second leading cause of unintentional injury-related death for children ages five to 14, with around 600 children dying each year in fatal pedestrian accidents. Children are often victims of these types of accidents because they are too young to understand the crucial rules for roadway safety; young children may not understand the dangers of passing cars, whereas toddlers may forget to look both ways and dart into the street after an object.

For more information on this topic, see 2 pre-teens struck in Baker County accident.

An 11-year-old girl, Brittany Pollack, suffered personal injuries when she was struck by a motorcycle near Deland, Florida. According to the Volusia County Sheriff’s Office, the incident occurred on South Shell Road, between S.R. 44 and Old New York Avenue. Florida Highway Patrol Sergeant Kim Montes said that Pollack walked out in front of a motorcycle driven by Thomas Henry, 51.

Pollack was flight lifted by helicopter to Halifax Health Medical Center in Daytona Beach as a trauma alert, said Montes. She was later said to be in stable condition. Montes said that no charges have been filed in the incident.

The streets in Florida communities should be a safe place for children to walk. But as illustrated above, many kids face traffic dangers when walking across streets, to school or home from the local park. Drivers, parents and kids can all do their part by following these safety tips to ensure that streets are safe for child pedestrians:

• Walk on sidewalks or paths.

• Cross at a corner using traffic signals and crosswalks. Make eye contact with the driver; do not assume that because you can see the driver, that they can see you.

• Make sure your child plays in a safe environment away from roadways such as yards and parks. Fence off play areas at home that are close to the driveway and road.

• Check frequently for children when backing out of the driveway or parking space.

• Parents and their children should hold hands while walking in parking lots or crossing streets.

For more information on this topic, see Girl, 11, hit by motorcycle near DeLand.

Lilly Mills, five-years-old, sadly died as a result of a car crash in Riverview, Florida. The driver, Rolando Rojas, 52, was initially charged with two counts of driving under the influence (DUI) with serious bodily injury, but when the child died, one of those charges increased to driving under the influence with manslaughter, said Sergeant Steve Gaskins.

According to the Florida Highway Patrol (FHP), the automobile accident occurred at the intersection of U.S. 301 and Bloomingdale Avenue. Rojas of 1220 E. Crenshaw Street was driving northbound on U.S. 301 in a 1999 Ford Ranger. He tried to pass between a Nissan Altima in the outside lane and a Honda Civic in the center lane but sideswiped both cars instead, Trooper J. Cohen said. Rojas’ truck then continued through an intersection, where it crashed into the passenger side of a Chrysler van driven by twenty-five-year old Samantha Anne Populin. The pickup then rolled over and hit another vehicle, a Ford Mustang, said Cohen.

Gaskins, a patrol spokesman said that Samantha Populin was the mother of Lilly, and one other child that was in the van. Paul Wilson Mills, 29, was also in the van, along with Kayla Marie Mills, 10; Audrey Mills, seven; and Sophia Evy Mills, two. Paul Mills, Audrey Mills and Sophia Mills sustained serious personal injuries and were listed in fair condition at Tampa General Hospital. Samantha Populin and Kayla Mills were treated for minor personal injuries and later released. The occupants of the other vehicles were not injured, but Rojas sustained minor injuries and was kept overnight at the hospital.

There are many potential consequences if convicted of a DUI in the State of Florida. First, the Defenant may lose his or her driving privileges for up to six months, and the vehicle may be impounded for a certain amount of time. This can affect your job and your finances. In addition, after the arrest, criminal charges can be filed against you for driving over the legal limit. For more information on this topic, see Man charged in crash that kills child, 5.

In Florida, the summer months are a time for children to play, exercise, enjoy friends and their time off from school. However, with the increasing temperatures comes increasing childhood personal injuries. Many children sustain personal injuries while engaging in summer activities. However, a lot of these childhood personal injuries are preventable. Experts recommend beginning the summer months with a family meeting, addressing the importance of safety while playing outside. It is also recommended that families keep a medical safety kit on hand and accessible at all times.

Below is a list of Basic Summer Safety Tips:

1. SPF. Doctors suggest adults apply sunscreen on children, adults should use SPF of 45 or greater. Children should also take frequent breaks and stay hydrated during the high-heat temperatures.

2. In the Water. Although swim lessons are important, having them does not mean your children are adequately prepared to swim without constant, direct adult supervision.

3. Backyard Dangers. Trampolines seem to be the cause of many backyard childhood personal injuries. Parents should set up ground rules with their children concerning the trampoline. Trampolines should also be surrounded with fencing or other protective bordering. The trampolines should be situated away from any structures to discourage children from jumping off the trampoline onto other play equipment.

4. Outside Transportation. Children love to ride their bicycles, scooters, mopeds, etc. during the summer. However, parents should never let their children leave the house without wearing a helmet. Ensuring your child wears a helmet will ensure he or she makes the habit of always wearing a helmet while riding their bicycle or scooter.

For more tips see Basic Summer Safety Tips. Families who utilize these safety tips can prevent many childhood personal injuries their children are exposed to during these fun, yet potentially dangerous, summer months.

Recently, officials confirmed the death of one person after a group of young adults took a late night swim in a lake on a the campus of Florida Gulf Coast University. Officials at the Lee County's Sheriff's office received a telephone call a little after 1:00 a.m. Investigators discovered that the group had gathered around the lake and some of the young adults decided to go for a late night swim. According to reports, one swimmer became distressed as the swimmers attempted to approach a "swim trampoline" located near the shore. While the group was swimming towards the apparatus, the drowning victim went under water and thereafter could not be located. The victim's body was not found until after 3:00 a.m. by the San Carlos Fire Department. Currently, the victim's identity or other details concerning the incident have not been released. For more on this incident please read Drowning occur's in lake on Florida's Gulf Coast University campus.

The death of this victim is a tragedy for the victim's family and community. During the summer months drownings or other water-related personal injuries increase. People should not swim when intoxicated because the alcohol slows an individual's reaction time and reduces judgment. People should also not swim if fatigued in any way what so ever. Regardless of a person's age or experience in swimming precautions should always be taken - water is extremely power and sometimes deadly.

Pursuant to Chapter 65, Rule 65C-22.002 - Physical Environment, Florida Day Care Centers are required to provide and maintain indoor equipment including playground equipment and toys in a safe condition.

Florida child care centers are required to have toys, equipment and furnishings that are suitable to a child’s age and development. Listed below are some age appropriate toys.

• Infants: activity quilts, stuffed animals, soft dolls, baby swings with proper harness, cloth books, and squeaky toys.

• Age 1-3 years old: books, building blocks, balls, and shape toys.

• Age 3-5 years old: crayons, finger paints, clay, chalk, puzzles with large pieces, wagons, and books.

• Age 5-9 years old: arts and craft materials, puppets, books, trains, and jump ropes.

• Age 9-14 years old: microscopes, computers, sports equipment with protective gear, and board games.

Florida day care centers must also keep all toys, equipment, and furnishings in a sanitary condition. If they are exposed to bodily fluids such as saliva or blood, then they must be sanitized or disinfected immediately. Child care centers are required to sanitize toys in order to help prevent the spread of illness. Most Florida child care centers sanitize infant toys daily and toddler toys weekly.

For more information on Florida day care regulations, see Chapter 65, Rule 65C-22.

According to the Florida Fish and Wildlife Conservation 2010 Boating Accidents Statistical Report, there were 668 boating accidents and 79 boating related fatalities. Many of these deaths and injuries incurred were due to victims falling overboard and drowning.

For example, a 13 year-old boy suffered facial injuries from a boat’s propellers in Jacksonville, Florida. The boy was operating the boat in a Ponte Vedra waterway. The teenager lost control of the boat and either fell out or jumped into a canal located near Granada Lane, according to the Florida Fish and Wildlife investigators. The boat’s propellers struck the boy in the face when he was in the water. He was air-lifted to Shands Jacksonville for treatment according to First Coast News.

The State of Florida has taken the initiative to educate boaters about boating accident prevention. The FWC, in conjunction with the National Safe Boating Council, Bombardier Recreational Products, Inc., West Marine, the U.S. Coast Guard and others have launched a statewide safety campaign for boaters called the “Wear It Florida.” This campaign encourages boaters to wear life safety jackets anytime they are on the water, and educates boaters about the convenience of the generally unknown inflatable life jackets. The FCW is a firm believer that many boating fatalities can be prevented by the use of wearing a life jacket.

For more information on this topic, see Boy, 13, injured hwen hit in face by boat propellers in Ponte Vedra waterway.

Police arrested a deaf and mute teenager for allegedly molesting a three-year-old boy in Deland, Florida. The report accused the 13-year-old boy of performing a sexual act on a younger child. According to the report, the seven-year-old cousin saw her 13-year-old boy engaged in inappropriate sexual conduct with a three-year-old boy in a bedroom. The police said that the cousin left the room and did not initially report the incident. Later the cousin found the 13-year-old touching the younger boy in the bathroom, and then she told an adult, said police.

Every parent fears what could happen to their child when they are out of their sight. After all, children go to school, extra-curricular actives, the mall, parties, etc., so parents cannot be with them every minute of the day. But, parents can protect their children from sexual abuse by instilling strong family values, encourages open and honest communication and following a few basic safety rules.

Law enforcement provides these few basic safety rules for parents and their children:

• Children will ask their parents for permission before they go anywhere. The children should tell their parents where they are going, who they are going with and what time they will be back.
• Children should not accept gifts or money from strangers.
• Children should never get in a car with anyone (even if it someone they know), unless their parents give permission.
• Children should never play alone and always use a buddy system.

For more information on this topic, see Deaf/mute teen charged with molesting boy, 3.

Four children in less than one week nearly drowned in Palm Beach County. In Delray Beach, a five or six-year-old boy was found at the bottom of a pool on Monday, and an hour later a four-year-old boy was found unconscious in a west Boca Raton pool. Also, on Thursday a three-year-old fell into a Boynton Beach pool and was found unconscious. Authorities said that the circumstances of all the incidents are not clear, but CPR was given to every child before the paramedics arrived.

Another Boynton Beach toddler was given CPR by a neighbor who took instructions over the phone from a 911 dispatcher. Stephanie Slater, a police spokeswoman said that the mother of the one –year-old boy was watching TV with him and his three-year-old brother when the toddler slipped away. He got outside through an open sliding door and fell into the pool. The child was rushed to Bethesda Memorial Hospital for treatment of drowning-related injuries.

According to Anna Steward, manager of the county Drowning Prevention Coalition, children aged one through four have the highest rate of drowning in Palm Beach Country due to lack of supervision and precautions. Slater said, “People should take advantage of the opportunity to get certified in CPR because you never know when a situation like this may come about and you have the opportunity to save someone’s life.” Parents should also teach their children how to swim at an early age; swimming classes are available starting at six months old, she said. In addition, Stewart stressed the importance of supervision around swimming pools. For more information on this topic, see Fourth child in a week nearly drowns in a swimming pool.

A new study shows that portable pools pose a greater threat to small children than parents may think. According to a study published in Pediatrics, about two dozen children drown in portable pools annually. Practically all of these children were under the age of five.

The author of the study, Gary Smith, director of the Center for injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio said that portable pools are not required to meet standard safety requirements, unlike permanent pools. For example, Florida law requires that residential pools maintain a secure barrier around the perimeter of the pool. Few people are willing to build a fence around a portable pool because a fence could cost more than the pool itself, said Meri-K Appy, president of Safe Kids USA advocacy group. “These pools are too small for people to invest in an isolation fence but too large to drain every time,” said Appy.

Here are a few startling statistics regarding the dangers of inflatable pools
• 11% of all pool drowning deaths in children under five years take place in portable pools
• Children can drown in as little as two inches of water
• 43% of children were supervised when they drowned, 39% were not supervised and 18% of children died during a lapse in supervision

According to the Centers for Disease Control and Prevention, drowning is the leading cause of death for unintentional injuries in children one to four years of age. Appy said that caregivers need to give children their full attention when supervising them in the water- not only in pools but lakes and bathtubs too. It can take only minutes for children to become submerged under water and for their breathing and heart to stop. For more information on this topic, see Portable pools pose drowning risk for tots.

Sadly, a 2-year-old boy drowned in a backyard swimming pool in Belleview, Florida. Apparently, the toddler gained access to the pool by slipping out his home unnoticed and into the home's pool area. According to Marion County Sheriff's deputies, the boy's mother, identified as Melody Mitchell, informed them she fell asleep while watching television with her son around 6:00 p.m. The boy was discovered over two-and-a-half hours later by the mother's boyfriend. The boyfriend noticed the sliding glass door was open, when he went outside he also noticed the gate to the pool was open. The toddler was found floating in the pool. Upon discovering the child, Mitchell's boyfriend immediately performed CPR. Emergency personnel continued the CPR efforts while the child was transported to Munroe Regional Medical Center, where he was pronounced dead. For more please read 2-year-old boy drowns in Belleview, Florida, backyard swimming pool.

The death of this child is a tragedy for his family and community. Families can take many precautions that aid in preventing childhood drownings. Strictly restrict or prevent a child's access to the pool area by door locks and protective fencing and/or gates, do not keep toys in the pool area while unattended, as these attract children, and always maintain constant, direct supervision of a child while he or she is swimming. Furthermore, even small amounts of water should not be accessible to children. This includes bath tubs, sinks, toilets and mop buckets, as infants, toddlers and small children can drown in a very small amount of water.

If you would like to read more on basic water safety tips and other methods to prevent childhood drownings please read Swimming and Water Safety Tips for Florida Residents, Visitors and Children at the Wood, Atter & Wolf, P.A., website.

A 1-year-old tragically drown in a swimming pool at his family's or relative's home in Deltona, Florida. The toddler, identified as Chase Wilson, was found by his relatives at the bottom of the backyard pool. Volusia County deputies were phone a little after 5:00 p.m. about the drowning on Leeward Drive. Responding deputies arrived minutes after they were notified and took over CPR efforts. The deputies were assisted by Deltona Fire Department and EVAC ambulance paramedics. The toddler was rushed to Florida Hospital Fish Memorial in Orange City, where he was pronounced dead shortly after his arrival. According to the Sheriff's Office, both the toddler's parents and a grandparent were home when the drowning occurred. The Sheriff's Office is currently investigating the incident. For more details read 1-year-old boy (Chase Wilson) tragically drowns in backyard pool in Deltona, Florida.

While the summer season is a time for fun and outdoor activities for children, it is also a time of year where drownings or near-drowning accidents increase. Families with backyard pools should take the following precautions:

- Make sure access to the pool is locked, preventing or restricting a child's access.
- Install a safety fence around the perimeter of the pool.
- Install an alarm that will sound when something falls into the pool while locked.
- Do not keep toys in the pool, they can attract children.
- ALWAYS MAINTAIN CONSTANT, DIRECT SUPERVISION OF A CHILD WHILE SWIMMING. Supervision is a critical tool in preventing childhood drownings.

Another drowning fact most families may be unaware of is the amount of water a small child can drown in. Toddlers and infants can drown in a very small amount of water, such as mop buckets, sinks, toilets, etc. Therefore, families with small children, toddlers or infants need to take extra precautions and ensure no standing water is accessible to their children.

For more on childhood drownings in Florida please read Deaths and Injuries Related to Swimming Pools and Drowning - Real Dangers to Florida Children at the Wood, Atter & Wolf, P.A. website.

The Florida Department of Children and Families ensures that licensing requirements are met at child care facilities through on-going inspections, thus preventing the continued operation of substandard child care programs. Pursuant to Chapter 65 of the Florida Administrative Code, Florida day care centers have specific duties when it comes to transporting children.

A Florida day care center must maintain a driver’s log for all children being transported in the vehicle. The log must include each child’s name, date, time of departure, time of arrival, signature of driver, and signature of another staff member to verify the driver’s log and that all children have left the vehicle. The log must be retained for at least four months.

The driver of the children transporting children also has specific duties once they have arrived at the destination. The driver must mark each child off the log as they exit the vehicle and conduct a physical inspection and visual sweep to ensure that no child has been left behind. Then the driver must record, sign and date the driver’s log immediately to verify that all children have been accounted for. Each of these steps should also be repeated by a second child care employee.