Florida Child Injury Lawyer Blog

In Florida, day care centers have a duty to provide a safe haven for children under their care. Unfortunately and tragically, some day care workers use their position of trust to commit horrendous and unspeakable acts of child and sexual abuse on children under their care. Many such acts go unreported without any intervention by law enforcement or the state of Florida. The Miami Herald recently reported that Edgar Cerezo was arrested for allegations involving sexual acts on a four year old girl in his wife's day care center - The Clara Cerezo Child Care Center. If convicted, Mr. Cerezo faces a possible sentence of life in prison. Of course, Mr Cerezo will be entitled to legal representation by a Florida public defender, or Florida Criminal Defense Attorney and it will be the State's burden to prove guilt beyond a reasonable doubt. You can read more about this story at Miami-Dade County Day Care Worker Accused of Attacking Four Year Old Girl.

Day care center abuse, assault, and neglect incidents continue to take place in Florida and other States. Responsible and caring child care workers should be supervising the children rather than those adults intent on preying and abusing children.

Continue reading "Miami (Kendall) Day Care Center Worker Investigated for Alleged Sexual Assault on 4 Year Old Girl" »

In Cocoa (Brevard County), Florida, a day care worker (Rondalyn Dixon) was arrested for leaving a 19 month child unattended in a hot day care van. It was reported that the child was left in the vehicle for about 15 minutes. When deputies from the Brevard County Sheriff's Office arrived, the temperature was 102 degrees. Leaving a small child in a van in the brutal summer heat of Florida can lead to tragic consequences and even death to some children. See Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida. Day care centers throughout Florida and the rest of the United States need to go back to the basics when transporting children. Simply stated, make sure all children are properly on the bus / van and make sure that all children properly depart or are removed from the bus / van. The best way to protect children is to have written policies in place, have checklists in place, and follow them every time. When a bus driver departs a bus / van at the end of a run, the bus driver should check every seat and part of the vehicle to make sure that all children have exited the bus. Checking and double checking a simple checklist can and will save lives and prevent personal injuries to children . . . it will also keep day care providers from being arrested for neglect charges in leaving a child unattended in a day care bus or van.

You can read more about the arrest of the Cocoa, Florida day care worker at Child Forgotten in Hot Day Care Van - Worker Arrested. See also Day Care Center Transportation - Driver's Logs Can Save Live and Preventing Deaths to Children in Hot Cars: What Can Florida Day Care Centers Do to Prevent These Wrongful Deaths?

The Palm Beach County Medical Examiner, according to a report in the Sun Suntinel, has confirmed that the death of 2 1/2 year old Haile Brockington was caused by heat stroke. While there is an investigation by various law enforcement and child care government agencies, it appears that the death was preventable if the policies and procedures for transportation (namely the driver's log) were properly followed by the day care center - Katie's Kids. Now, the family is grieving and trying to pick up the pieces from this horrific tragedy.

When a child loses both parents at a young age, there is a term for this - orphan. When a husband or wife loses a spouse, there is a term for this - widower or widow. When a parent loses a child, there is no term for this. The pain of the parent and family is also indescribable and unimaginable in many ways. This is especially true when the death is unexpected and wholly preventable. When a parent takes a child to day care, the child should be supervised in a safe and nurturing environment. Day care centers should place safety above everything else for children in the Florida day care center.

You can read more about this story at Family Still Seeking Answers in Toddler's Death at Day Care Center.

In Florida and other States, children continue to suffer personal injuries and even death when left unattended in a hot car, day care van, or school bus. These tragedies are wholly preventable with proper supervision and policies in place to make sure that every child is accounted for and, yes, that no child is ever left behind. Pursuant to the Florida Administrative Code, Chapter 65 C, Section 22.001 (6) F - Transporation, a day care center has the duty to maintain proper staff to child ratios when transporting children. In other words, there needs to be sufficient staff in place for the number of children being transported. Furthermore, a log is required to be maintained that should include the child's name, date, time of departure and time of arrival, signature of driver and signature of staff member to verify the driver's log and, most importantly, to verify that all children have left the vehicle. In addition to documenting the driver's log, the driver has a duty to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for. Furthermore, upon arrival, a second staff member is required to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for.

The aforementioned procedure (if properly followed) can and will save lives. Unfortunately, too many children have lost their lives due to being left unattended and alone in a hot day care vehicle, school bus, or vehicle. The plight of Haley Brockington recently made headlines. Haile was left in a day care van for up to 6 hours. While autopsy results are pending, it appears that Haley died as a result of hyperthermia / heart exhaustion and the related complications. A small child simply cannot survive in a parked car in this Florida summer heat with no air conditioning for an extended period of time. See also Haley Brockington's Mother and Family React to Death of Child See also Investigators to review findings of investigation into tot's death at a Delray Beach day-care center.

While not all child care providers may be subject to this Florida Administrative Code provision, I would recommend that all child care providers including schools, all day care centers, summer camps, church groups, and, yes, even parents, grandparents, and family friends follow this procedure. While a parent or grandparent is unlikely to use a driver's log, it may be helpful to have a checklist in the car to make sure that all children are out of the car. Some use a stuffed animal as a reminder. Others leave a purse or another item in the backseat as a reminder to remove the purse or item and, more importantly, the children from the vehicle upon arrival at the trip destination. While not all automobile accidents or other unexpected tragedies can be avoided, the death or injury of a child mistakenly or negligently left in a vehicle can absolutely be avoided.

Florida is a warm weather State. Better stated, Florida is a hot weather State that offers many attractions like beaches and theme parks. Florida's hot weather also presents dangers to children left in hot vehicles during all times of the year especially Summer months. The death of Haley Brockington who was left in a day care center van illustrated the dangers of Florida's weather combined with the inattention of staff along with the lack of policies and procedures or the failure to follow adequate policies and procedures. See Why Did Haley Brockington (Age 2 1/2 Years Old) Die in Katie's Kids Learning Center Van? Legal Rights and Responsibilties See also See also Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida.

Here are some general tips for Florida day care centers and all other transporters of children to consider to make sure that a child is not left unattended in a hot car in Florida:

1. Never leave a child alone in a hot vehicle. A 5 minute visit to the store can easily turn into a 25 minute visit which an mean the difference between life and death for some children.

2. Have a checklist of that is consistently followed at the end of any transport of children. Double and triple check the list to make sure that every child is removed from the vehicle, bus, or van.

3. Put an item like a stuffed animal or other object in the back of the vehicle, bus, or van. This will serve as a reminder to check all parts of the vehicle and make sure that all children are removed from the vehicle. If you did not bring the stuffed animal to the front of the vehicle or in with you, you did not check the vehicle thoroughly.

4. Train and instruct all transporters of children as to the dangers of leaving a child in a vehicle. Ignorance is rampant as to the dangers of leaving a child in a hot car. Make sure that the driver and other transporters of children understand and recognize the risks and are instructed to never ever put a child at danger.

5. Have a written policy and procedure in place that must be followed each and every time that a child is transported and follow it consistently.

In Delray Beach, Florida, a 2 1/2 year old girl, Haley Brockington, was the unfortunate victim of a tragic death. It was reported in the Palm Beach Post and other news sources that the child was left in a day care van for up to 6 hours before she was found. The brutal heat of Florida's summer can cause the death of a child in a much shorter time. Due to the age of the child and circumstances of her death, an autopsy will be performed to determine the official cause of death and if there were any causes other than the suspected hyperthermia / heat stroke that was the cause of this little girl's death.

The family placed Haley Brockington in the hands of the day care center in the morning only to find out she was dead later that day. There were be several legal issues involved in a death of this nature including the following:

What was the official cause of death?

Who was responsible for the transportation of the children?

Did the day care center have a checklist or procedure in place for removing children from the van?

Who was responsible for taking roll call or attendance of the children in the facility?

Where the van parked during the time period that the child was left in the van?

What training did the staff have in transporting children? caring for children?

Was the death avoidable?

Will criminal charges be pursued through the State Attorney's Office?

The temperature high for South Florida was 91 degrees at the time of the incident. Since the temperature in a vehicle can be quite higher for a child left in a vehicle without air conditioning, there is a strong likelihood that the child died from hyperthermia. You can read more about this story at Child Found Dead in South Florida Day Care Center Van.

Heather Lovett, a 21-year-old woman of Bradenton, Florida and owner of Our Kids Home Daycare was arrested and charged with child neglect after a toddler in her care had to be rushed the the emergency room. The 22-month-old toddler had bruises all over her body, including her head, face and neck as well as dried blood in her ears. According to a police report, the toddler also had injuries consistent with a sexual assault.

Lovett told police that her boyfriend's 13-year-old son was at the daycare during the time the toddler incurred the injuries. When detectives confronted the teenage boy, he gave them numerous accounts as to what happened to the toddler. Eventually, detectives say the teenager admitted to "losing control" and punching the toddler at least 20 times in the face and body. The boy said he became enraged after the toddler threw a golf ball at his face. The 13-year-old did not admit to any sexual abuse. He was charged with aggravated child abuse, but could face additional charges.

This is not the first time the police have responded to a complaint at Lovett's daycare. In June 2010, detectives investigated a claim of child molestation at the daycare after a 3-year-old boy said he was abused. According to a police report, the suspect in that investigation was a 15-year-old boy and brother of the 13-year-old arrested in this case. Investigators said, the 15-year-old denied the allegations against him.

Each criminal defense in this case has a right to a lawyer and speedy trial. If you would like to read more about this story see Teenager accused of abusing a 2-month-old toddler at Bradenton, Florida daycare facility.

Continue reading "13 Year Old Admits to Punching / Abusing Child at Day Care Center According to Bradenton Florida Detectives" »

Child care workers at the Clarcona Academy Child Care Center discovered severe burns on the entire right leg of a two-month old baby while changing the baby's diaper. After the shocking discovery, the baby boy was taken to Winnie Palmer Children's Hospital and admitted overnight. The child's father was contacted by police and told them the child was fine when he dropped the child off. The State of Florida Department of Children and Families was also notified of the incident, it later called in its Child Protection Team. The DCF child protection team is a team of doctors who observe the physical injuries on a child and learn the how the injury occurred, when it took place and point to indications of whether the accident was purposeful or accidental.

An investigation is being conducted on the daycare, parents and anyone else who would have been alone with the child. Although the parents have no prior history with DCF, the daycare does. Presently, the daycare is operating under a provisional license due to the adult-to-children ratio and possible problems with the grounds. It is unknown whether or not the child will remain in the parent's custody during the investigation, but Hoeppner assured the child will be in a safe environment. To read more about this topic see Daycare workers observe burns on leg of 2-month-old boy.

You can get a detailed history of your child's daycare at DCF Daycare History.

Tallahassee, Florida and many other Florida cities have a large number of day care and child care providers available to the public. A Google search of "Tallahassee Child Care" will provide over 500 results. This abundance of child care centers can be a bit overwhelming. Choosing the right child care facility is not an easy task, you need to ensure that the facility is the right one for your child, your schedule, and is in a convenient location to your residence.

Here are few simple ways to narrow down your selection:
1. Do a Google search of local day care centers or child care businesses. Read the reviews on each listing. Note: if a day care center has more than 2 negative reviews, it is generally wise to steer clear.

2. Call your local YMCA or other community center and ask what day care centers they would recommend. Ask for the manager of the YMCA or community center, they can usually offer great advice and counsel on this topic.

3. Visit the website Yelp.com, a popular review site on the Internet. This site will provide more reviews of the prospective facilities.

4. Finish with Google Maps, this will provide more details on the facilities produced by the Google search.

Picking a day care facility is a tough decision and should not be taken lightly. By following these methods, hopefully your day care center search will become easier as well as provide the most convenient and appropriate day care facility for you and your children. To read more on this topic see Tips on picking the daycare.

Shantel Patrice Wilcher, operator of an unlicensed day care, pled guilty to manslaughter in a Florida criminal case that was brought against her. Wilcher, who left a one-year-old boy in a truck for two hours in temperatures exceeding 90 degrees, faces up to 15 years in prison for the manslaughter of the toddler. The child was left in the vehicle while Wilcher went into a store with her two teenagers and the child’s 3-year-old brother. After unsuccessful attempts to resuscitate the child, Wilcher called 911 to report the incident, the toddler was pronounced dead at the scene.

During 2006 and 2007, Wilcher operated a licensed day care. However, due to failed inspections and repeated citations for inadequate supervision, the Florida Department of Children and Families (DCF) fined her $500 and closed the day care center During the time of the incident, Wilcher was operating an unlicensed day care. DCF fined Wilcher $30,500, in December 2009, for her operation of the facility; a record high fine for DCF at the time. The fine has still not been paid; other legal options are being considered as well.

The toddler’s death is a tragedy for the family and the community. Parents, care takers, day care providers, and babysitters have a duty to care for and protect children. Wilcher’s poor judgment resulted in this toddler’s tragic death. Lawmakers are passing bills mandating day care providers divulge pertinent information regarding their status as a provider, including any prior investigations and citations received by the provider. Hopefully, these new laws will help better inform parents of whose care they are putting their children under.

To read more about this incident see Operator of an Unlicensed Day Care Pleads Guilty to Manslaughter.

Children falling from windows and balconies may seem rare but these tragic events occur more frequently then you may think. In fact, falls cause approximately 2.5 million injuries, which require hospital treatment, in children 14 under. Accounting for more than 50% of those falls, are children under the age of 5-years-old. Plus, 80% of these types of accidents occur within the home.

It has been suggested by child experts that a window screen is an insufficient method to protect one’s child from falling out of a window; a child window guard would be the optimal preventative measure.

It is a parent’s primary responsibility to protect and supervise his or her child. However, even the most attentive parent can be distracted. Inevitable distractions coupled with the fact that the majority of falls occur during the time of day when children are most active (e.g., during the hours of playtime) are the main factors to support the installation of a child window guard. These factors present themselves too frequently. A parent can be watching their child, mid-afternoon, and the phone rings. The parent leaves the room to answer the phone and is gone for no more than 10 seconds. Although short in time, this duration is actually long enough to result in a terrible accident. Installing a child window guard would not only shield parents and their children from experiencing a fall, but it would also give an additional sense of security throughout the home; something every family could use. Window guards at homes, schools, day care centers, and other locations where children are present can also protect other children as well. The investment in a proper window guard system is well worth the protection it can provide to children.

To read more about this topic see Child Window Guards.

A new Florida law will make it more difficult for people to become caregivers for children, the elderly, and disabled adults. Caregivers will now have to pass a nationwide background check before they can begin working. The law was unanimously passed by the Florida Legislature and will take effect August 1.

The new law was the result in part from a Sun Sentinel investigation that revealed disturbing facts about the people who were hired to work as caregivers. This group of people consisted of people who had been previously convicted of rape, child abuse, and murder. Under the outdated laws, people with criminal histories could still work as caregivers if they obtained an exemption stating that they were rehabilitated. In previous years more than 8,700 people were granted exemptions. Among this group of people were sex offenders and convicted murderers.

Obviously, the laws previously in place were not effective and put children, the elderly, and the disabled at risk. The prior laws allowed placement of dangerous and untrustworthy people into positions of trust and responsibility. After media attention sparked a public outcry for reform, the new Florida laws were adopted. Now, top Florida state officials will have to approve any exemption made for people with a prior criminal history. Also, the new law permanently bars sex offenders and career criminals from ever working as a caregiver.

Children, the elderly, and the disabled adults are susceptible / at risk of being taken advantage of and the new Florida Law should help weed out those who should not working in day care centers, nursing homes and other caregiver environments, locations, and facilities. An injury lawyer may be able to help you on any issues that stem from caregiver abuse including serious personal injuries.

If you would like to read more about this top see Florida Caregivers Undergo Stricter Screening Procedures.

Does bullying occur at the daycare or pre-school level?

There are different degrees of bullying. On one end of the spectrum, you have a person who has just engaged in his or her first bullying experience and may become so torn by feelings of guilt about their behavior they may never bully again. On the other end, there is the persistent bully who will do anything to anyone to get what he or she wants.

Pre-school vs. Day care

There is a difference between bullying at the different facilities. At the pre-school level, it is important to distinguish bullying from a a child or toddler merely acting out. It has been suggested that to be a “bully” one must appreciate and understand what he or she is doing – lowering someone else’s self-esteem in order to get what they want. However, at the daycare level this distinction is not so apparent. Florida day care centers are comprised of children ranging from various ages and not just very young children who may not understand the full consequences of their behavior.

If a child has suffered personal injuries or harm as a result of bullying at a day care center, a child injury lawyer may be able to assist in reviewing and enforcing the legal rights of the injured child. When a child has suffered injuries, there are many issues for a parent to deal with including medical care, medical bills, and the suffering of the child.

In Florida and other States, there is a problem with supervision at some day care centers. It is vital for each and every day care center to properly and consistency supervise children in the facility. Day care centers should have a list in place and make sure that each and every student / child is accounted for during the day. If children are allowed to wander out of the facility, absolutely horrible things could result including serious child personal injuries and in some instances even death. There is also a risk that the child could be abducted or missing for extended periods of time if a child is allowed to wander out of a facility. It is well known that children have poor safety awareness and are very curious. In other words, children do not always recognize the dangers of leaving a day care facility without proper adult supervision. In Holly Hill, Florida a day care center is facing fines and other government sanctions for an incident in which 2 children from the facility wandered out of the day care facility without proper supervision. As noted by Reggie Williams, an administrator with the Florida Department of Children and Families, there is a risk of injury when children are able to get out of a day care center. You can read more about this story at Holly, Hill Florida - Beautiful Beginnings Child Care Center Faces Fines for Violations of Day Care Regulations.

Small children are at risk for choking on every day foods. In particular, choking risks are increased with hard objects like candy, hot dogs and carrots. Because of the development of child and the size of their airways, parents, day care providers, and other child care providers should be observant of what the child eats and be ready to address any potential choking hazards or incidents.

Vincent Iannelli, M.D. - an author and Board Certified Pediatrician, wrote an excellent article that provided a list of foods and objects that pose a choking risk for children. (See Choking and Choking Hazards for Children) The list included the following:

-hot dogs
-popcorn
-peanuts
-raw vegetables
-whole grapes
-large cubes of cheese
-hard candy and gum
-soft candy like caramel
-coins
-marbles and small balls
-parts of balloons.

Child care providers should be careful to supervise what is given to a child and what is accessible to a child. A bag of grapes or carrots left in a purse on the floor can easy lead to tragedy and personal injuries to a curious child.

In Lighthouse Point, Florida, a driver crashed his vehicle into a day care center. It was reported that he mistakenly hit the gas pedal / accelerator rather than the brake peddle. His child was in the vehicle at the time of the crash. No personal injuries were reported as a result of this incident. Interestingly enough, there have been other crashes into day care centers around the nation. You can read more about this story at Driver Crashes into Lighthouse Point, Florida Day Care Center.

In Florida and other States, a day care center has a duty to provide supervision of children while under the care of the day care and child care providers. Supervision is important for a variety of reasons. One such reason is to keep the children safe from harm. If a child is permitted to wander away from a facility, there are a host of tragedies that could happen. The child could get hit by a car. The child could get bit by a dog. The child could be fall into the hands of a child predator. All of these things could lead to serious personal injuries and, in some cases, even the death of a child. Supervision along with policies and procedures are key ingredients to the safety of a child in a Florida day care center. In Holly Hill, Florida, a day care center (Beautiful Beginnings Child Care Center, is being investigated after an incident in which 2 of the children were found by a neighbor after they wandered away from the day care center. While there were no personal injuries reported, it is important for the day care center to review its policies and procedures as well as the incident itself to make sure that this does not happen in the future. You can read more about this story at Holly Hill, Florida Day Care Under Investigation by the Florida Department of Children and Families.

In Naples, Florida, a man pleaded no contest to criminal charges that he molested six boys in a day care center. The plea bargain will require the criminal defendant, Jose Jesus Lara Flores, to serve four concurrent 15 year prison terms. He officially pleaded no contest to the charge of attempted sexual battery. Other charges were dropped but it was reported that the victims' families were satisfied that the case has been resolved and that the defendant will go to prison, face possible deportation or proceedings with the United States Department of Immigration and Naturalization, and also be designated as a sexual predator. You can read more about this story at Man Pleads No Content to Criminal Charges Involving Sexual Molestation at Boys in a Day Care Center.

The Florida Poison Information Center, located on the campus of Shands Jacksonville Medical Center at the University of Florida, is a twenty-four hour resource for Florida parents to protect their children. The center serves forty two Florida counties and the Virgin Islands and fields around sixty seven thousand calls each year.

All emergency calls are answered by specialists such as nurses, pharmacists, or physicians trained in the latest poison assessment and management methods. All specialists must pass a national exam to earn the certification required to answer the phones.

According to experts at the center, nine out of every ten calls they receive involve a child under the age of six. The most common causes of poisoning for children are cosmetics and other personal care products, household cleaners, medical ointments and medications. Thanks to the hotline, nine out of ten callers can resolve the issue at home and avoid a trip to the hospital. Overall child deaths from poisoning have been reduced eighty percent in the last fifty years.

Parents, grandparents, babysitters or others who may have a child present in their home need to inspect their home for poisonous materials very carefully. Most people do not think of cosmetics as poisonous, but they can be very attractive to young children and harmful if swallowed.

The Florida Poison Information Center is a wonderful resource for Jacksonville parents and child caregivers. The service can be reached at (800) 222-1222.

Read more about possible poisons and the efforts of the Florida Poison Information Center at Poison control: Jacksonville's busy center.

A pair of unnamed parents had utilized the services of Jeannine Marie Campbell to babysit their two children while they were at work for over two and a half years. On a recent evening, the parents returned to find that one of their children had a black eye that Ms. Campbell could not explain. That was when they decided to install a “nanny cam” to keep an eye on the woman and their children during the day. About a week later, the parents fired Ms. Campbell, saying they were unhappy with the care she was giving their children.

When they watched the video tape from the day Ms. Campbell was fired, they discovered shocking footage of Ms. Campbell throwing, hitting and kicking one of the children. They immediately brought the tape to police, who confirmed that Ms. Campbell appeared to be very angry and that it was obvious she was not playing with the child.

Ms. Campbell was arrested and charged with battery on a child. She is in jail on $75,000 bail. She reportedly told police investigators that she knew about the hidden camera, but was angry about being fired and wanted to punish the parents by taking it out on the child by slapping, kicking, slamming and hitting him.

Even though the evidence appears to be caught on tape, Ms. Campbell is still entitled to her day in court. She did not make a comment to the press about the charges. Find out more about this story at Jacksonville police: Babysitter videotaped abusing boy said she was angry with parents.