Florida Child Injury Lawyer Blog

When a child is injured at a Florida school or day care center, the parent is often faced with the challenge and pressures of obtaining and paying for medial care related to the injury. For children with health insurance in place, the parents are still required to pay co-pays and deductibles. For children without health insurance, the parents must deal with the challenges and burdens. Typically, it is more difficult obtaining consistent, affordable, and geographically close medical care when a child lacks health insurance.

When a child is injured due the negligence of a school or day care center, it is importnat for the parents to retain the services of a Florida Child Personal Injury Attorney for advise, consultation, and legal representation. There are many issue that an attorney can step in and assist the parents with including but not limited to medical bills.

Many schools and day care centers have liability insurance in place that have a medical payment provision otherwise known as Med Pay coverage in place that could be utilized to pay for medical bills regardless of the fault of the day care center or school. In other words, the parents do not have to prove that the day care center school is at fault but merely must show that the accident took place at the day care center school. Student accident insurance is also available for some students enrolled in a day care center or school. Some student accident insurance policies are purchased by the parent while others are purchased by the school by the day care center school.

When a child suffers an injury at a school or day care center, the parents should find out if there is Med Pay and / or student accident insurance in place for the benefit of the injured child. It is important for the parents to consult consult with an experienced attorney to get advice as to medical bills, medical payments coverage, student accident insurance, liability insurance, and other issues.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on day care center injuries, school injuries, automobile accidents, medical bills, damages & compensation, and other topics that parents or other concern person can obtain this book for free at The ABCs of Child Injury. The book was written by David Wolf, a child injury attorney and safety advocate. In addition to this book, Mr. Wolf is the author of the book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. The book - Florida Day Care Center Injuries - will be available in February 2012 on the Wood, Atter & Wolf Personal Injury Website.

Since 1957, Wood, Atter & Wolf, P.A. has represented the interests of injured children and their families. At Wood, Atter & Wolf, P.A., a voice is given to injured children when they need it the most.

Is a settlement on behalf of a minor in the best interests of the child? This is important question that must be asked in every child injury case. Who gets to decide or make the determination if the settlement is in the best interests of the child? In Florida, the answer to this question is . . . "It depends." A personal injury settlement on behalf of a minor child must receive Court approval if the settlement is over a certain amount of money. Furthermore, in some cases, a Guardian Ad Litem is appointed in order to review the settlement on behalf of the minor child and issue a report to the court on the matter. Finally if the net proceeds from the minor settlement exceed $15,000 then the proceeds from the minor settlement must be put into a restricted account or placed in an annuity that pays the child injury victim a sum certain over time. Here are some of the people who may be involved with a minor settlement:

The Child. Of course, the child is the most important person in the process. All persons involved with a settlement on behalf of a minor child must focus on the best interests.

The Child Injury Attorney. The Florida Child injury attorney represents the interests of the minor child. It is the duty of the child injury attorney to make sure that the child's interests are well represented and that any settlements obtained on the minor child are in the best interests of the child. When necessary, the child injury lawyer will obtain court approval and follow other safeguards as to the minor settlement. It is important that the attorney selected by the parent or guardian to represent the child has experience and knowledge in the area child injury so that the safeguards are followed.

The Parent or Guardian. Due to the age of minority and lack of ability to pursue a legal case or claim on his or her own, a parent or guardian must be involved in the pursuit of an injury claim or a lawsuit. While a parent or guardian must be involved, the case is brought on the child's behalf.

The Judge. When court approval is required, the Judge will review the settlement documents, medical records, medical bills, and other documents and information to determine if the settlement is fair, reasonable, and in the best interest of the minor child.

The Guardian Ad Litem. The Guardian Ad Litem is appointed by the Judge in certain cases. Typically, the Guardian Ad Litem is a local attorney familiar with child injury cases and settlements. The Guardian Ad Litem has the responsibility to advocate on behalf of the minor child and make sure that the child's interests and rights are protected and honored.

The Liability Insurance Company. Most cases are settled with the payment of liability insurance payments including but not limited to automobile insurance, homeowners insurance, and / or commercial liability insurance. Most adjusters are familiar with the basic requirements for the proper settlement of a minor child's injury claim. Because of this, the proper documents and Court approval will be required by the adjuster before the funds will be released or paid by the liability insurance company.

The Annuity Company / Insurance Company. In some cases, the case is settled with the payment of an Annuity which is a one time payment in the future or a stream of payments in the future. The Annuity typically must be a guaranteed amount in order to obtain Court approval of the same.

A child injury case can be complicated for parents and guardians depending on the facts and circumstances of text. Because there are many laws and safeguards, it is often times in the best interests of the child for the parent or guardian to hiring attorney to represent the child in the personal injury case. Child injury cases are typically handled on a contingency basis. In other words, if there no recovery - there will be no attorney fees. Until the settlement funds are paid, there will be no financial obligation on the part of a parent or guardian up front on these cases and the attorney will wait to get paid from the settlement collected.

There are two books that can assist a parent trying to deal with the aftermath of a child injury. While the books are not a substitute for legal representation, the books do contain some basic information that will help educate a parent / guardian about child injury cases and claims. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Automobile Accidents, Day Car Center Injuries, Damages / Compensation, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Cases, Outdoor Facilities / Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures and other topics. This book will be available for free in February 2012 through the website for Wood, Atter & Wolf - Florida Personal Injury Attorneys.

When a child is injured in an automobile accident, slip and fall accident, day care center, school, theme park, or other location, there are several factors that are considered when valuing a child injury case. It should be pointed out that each child injury case should be evaluated on its own facts and merits. Every child is different. Similarly, every personal injury claim is different. Individual attention should be given to the child's case by the Florida Personal Injury Attorney, the parent or guardian, and any other individuals involved with assisting a child with the pursuit of damages and compensation for the child injury case. The are various factors that may be considered when valuing a child injury case.

Liability (Fault). Liability refers to the cause of the incident or accident. In Florida, with the exception of a dog bite case, a plaintiff or claimant must prove that the child was injured due the fault or negligence of another person or business. In other words, a person or business failed to do something in a safe manner for the protection of the minor child or alternatively acted in a careless matter that caused the child injuries. With better care and attention, on the part of the at fault person or business, the injuries would have been avoided.

Damages. Damages refer to the losses that are sustained due to the child injuries. Damages can be classified as either Economic Damages or Non-Economic Damages.

Economic Damages. Economic damages refers to expenses that are incurred in the past or future due to the child injuries. Economic damages are expenses that can be calculated and estimated with some reasonable certainty as follows:

Past Medical Bills;
Future Medical Bills;
Past Wage Loss (when applicable);
Future Wage Loss (when applicable); and
Education / Tutoring Expenses (incurred due the injuries).

Non-Economic Damages. Unlike economic damages there is no strict formula and no set number for non-economic damages. Non-economic damages typically refer to the following:

Pain;
Suffering;
Loss of Enjoyment of Life;
Loss of Companionship; and
Loss of Services.

The value of economic and / or non-economic expenses will depend, in part on the following factors:

Age of the child;
Condition of the child prior to the incident / accident;
Permanency of the child injuries;
Severity of the child injuries;
Impact on the child's activities of daily living;
Impact on the child's cognitive abilities;
Impact on the child's education; and
Impact on the child's future income / employability.

Evaluation of a minor's personal injury case can be quite complicated and often times requires the services of a child personal injury attorney to evaluate the case and advise the parent/guardian regarding value legal options and settlement opportunities. On the issues of liability and damages, there are two books available to parents for free that contain information regarding Liability, Damages and other topics. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, Theme Park Injuries, and other topics. Get this book for free at The ABCs of Child Injury. Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Regulations, Outdoor Equipment and Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures, and other topics. This book will be released in February 2012. Visit the Wood, Atter & Wolf Website in the near future to get a free copy of this book. If you have a question or concern about a child injury and or the valuation of the same, contact a Florida child the injury lawyer for advice, consultation, and legal representation. All initial consultations are free of charge and all of these cases are handled on the contingency basis meaning that there will be no payment of fees unless there is a financial recovery for the injured child.

In Florida, special needs children at times suffer injuries on playgrounds located at schools, day care centers, parks, and other locations. When a special needs child suffers a personal injury in a playground, a parent is often faced with many challenges in concerns. A number of questions and issues are raised when a special needs child is injured while under the care and supervision of others.

*How was the special needs child injured?

*Could the injuries that were sustained on the playground have been avoided?

*What supervision was provided to the special needs child?

A person or facility undertaking the responsibility to supervise and provide care for a special needs child should have an understanding of the child needs and abilities. This is especially important when the special needs child is on or near a playground. Some of the equipment on the playground may be perfectly suitable for the special needs child. Depending on the child, some forms of playground equipment may be beyond the child's abilities if proper assistance or supervision is not provided. For instance, monkey bars maybe extremely difficult for a particular special-needs child to transverse. If the special needs child is using the monkey bars, it may be appropriate for that particular child to have one-to-one assistance. When a special needs child is injured on the playground, there may be a claim or legal case to pursue on the special-needs child behalf. Each case must be evaluated on its own its own merits. Just because a special needs child is injured on a playground does not mean that there is a case or claim to pursue. Whether not there is a viable legal claim to pursue should not be decided alone by the parent. A Florida child personal injury lawyer should be contacted to review the facts and circumstances of the injuries and the relevant Florida laws in place.

The book titled - <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book will soon be available as well for parents looking for information regarding injuries to special needs children. This book is titled Florida day Care Center Injuries - Building Blocks of Knowledge for Parents. This book will be available in February 2012 to special needs parents and other parents of injured children looking for answers and information.

If there is a question about a child injury whether it involves a special needs child or another child, contact the child injury lawyers at Wood, Atter & Wolf, P.A. for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have been representing special needs children and their families since 1957.

Parents of special needs children enroll their children in day care centers so that the children can get the benefit of social interaction with other children, supervision from child care providers, and education from qualified teachers. Special needs children deserve the attention and supervision in a Florida day care center commensurate with their needs and abilities. When a day care center accepts a special needs child for admission and enrollment, the Florida day care center and its staff should be well aware of the needs and abilities of the child. With this knowledge in place, the day care center should have qualified and sufficient staffing and supervision to meet the needs of the child. Each day care center should follow the rules and regulations applicable for the size and type of day care center. Furthermore, the day care center should follow its own written rules and policies regarding the care and supervision of the special needs child as well as the other children enrolled in the day care center.

Unfortunately, special needs children are injured in day care centers when there is a lack of supervision or an unsafe condition which is allowed or permitted to take place in the day care center. If a child is injured in a day care center as a result of the negligence or neglect of a child care provider, a parent can pursue a claim for damages and compensation associated with the child's injuries. It is often times helpful to hire a Florida child personal injury attorney to advise the parents on the respective rights of the injured child.

The book titled - The ABC's of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages and Compensation and other topics. You can obtain this book for free at The ABCs of Child Injury. In addition to this book, another book is available for free for parents titled Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. This is another good book for parents to review when there is a child injury for information regarding the respective rights of the child and the liabilities of the day care center. Both of these books were written by David Wolf a Florida personal injury attorney with over 20 years of experience. Mr. Wolf believes that each child should be provided a safe learning environment in a day care center.

In Florida, parents should do their homework before selecting a day care center for their child. Furthermore, once the child is enrolled in the day care center, parents should continue to monitor the day care center, visit the day care center, and ask frequent questions about the facility and the child's care and supervision. Here are some factors to consider when selecting a day care center:

1. Location. A location should be selected that is convenient to the parent's work schedule or home. This should not be the only factor but a convenient location will allow a parent to visit the facility frequently and pick up the child in an expedited manner when there is an illness or an emergency.

2. Visit the Facility. Advertisements and websites typically put the day care center in the best light and use the most pleasant photos and descriptions regarding the day care center. It is best to visit the day care center to personally see the facility, meet the staff members, and see how the day care center supervises and educates the children enrolled in the facility.

3. Review the Policies and Procedures. While the presence or absence of policies and procedures should not be the only consideration, it makes sense to ask for a copy of the day care center's policies and procedures. Then, review the policies and procedures with the administrator or owner to find out how the policies and procedures are monitored and followed during a typical day in the facility for the children. Typically, there are or should be policies and procedures as to staff to child ratios, supervision, hygiene, napping, nutrition, playgrounds, and discipline.

4. Review Licensure and Inspection Documents. The State of Florida Department of Children and Families is the government agency that licenses and regulations day care centers and child care centers in the State of Florida. The facility should have the license and inspection documents at the facility. A review of the license and inspection reports can give a parent insight into the operation and compliance of the child care facility.

5. Speak to Other Parents. Speaking to other parents can also provide information about the day care center. Most parents with children enrolled in the facility will probably give a good review of the facility; nevertheless, getting the viewpoint of other parents should provide information as to the strengths and weaknesses of the day care facility / child care facility.

6. Internet Research and Books on Day Care Centers. Parents can obtain a good bit of information regarding the day care center and child care online. One excellent resource is the Florida Department of Children and Families Website at Child Youth and Families - About Child Care. See also Florida Day Care Centers - Frequently Asked Questions - Wood, Atter & Wolf - Child Injury Attorneys.

Is a Dog Owner Required to Have Dog Bite Coverage under a Florida Homeowner's Insurance Policy? The simple answer to this question is "No". The privilege or right of dog ownership in Florida is not contingent on securing dog bite insurance coverage. Liability insurance for a dog bite injury or attack is typically part of homeowner's insurance; however, there are many policies of insurance that do not include coverage for dog bite or dog attack injuries. Furthermore, many insurance policies have an exception for dog bite injuries or attacks. Many dog owners are living under the false assumption that their homeowner's insurance will cover any damages caused by their dogs attacking or biting another person or dog. It is only after a dog bite or dog attack takes place does the homeowner fully discover or realize that he or she does not have liability in place for dog bite injuries or attacks. All homeowners with dogs should carefully read their homeowner's insurance policies to make sure that there is adequate coverage in place in case of a dog bite injury or dog attack injury. In Florida, a dog owner is strictly liable for a dog bite or dog attack. In other words, there is no need to prove or show that the dog owner was negligent or at fault. While there are some limited exceptions to this Florida law, suffice it to state that a dog owner is generally liable for the damages and injuries caused by a dog bite or dog attack.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

Many dog bite incidents and dog attack injuries can be avoided with proper control and supervision of a dog. See Florida Leash Laws - County by County. See also Florida Dangerous Dog Laws - County by County.

In Palm Beach County, Florida, a new day care center law is now in effect. The law requires that van be equipped with alarms that sound off if a child is left in a van. The alarm sounds off when a van is stopped. Thereafter, the driver or attendant must physically walk to the back of the van to turn off the alarm. This, in turn, will require the day care center driver or attendant to conduct a visual sweep or inspection of the day care center van. The goal or purpose of the law is to prevent children from being left unattended on day care center vans or buses. The new Palm Beach County day care rule / regulation was passed in response to the tragic death of Haile Brockington who was left on a day care center van. She died as a result of the heat exposure in the hot summer month of August from being left in the van. The Palm Beach County Health Department is the government agency that is responsible for monitoring this law / regulation. The estimated cost for the van alarm equipment ranges from $200 to $500 per alarm. See Palm Beach County Florida Day Care Rules as to Alarms in Effect.

The use of alarms is a safety measure that can help prevent or reduce the number of incidents of children being left unattended on day care center vans and buses. While it is a good measure or requirement to have in place, due diligence and consistent supervision are also important. Even a simple attendance checklist can go a long way to prevent tragedies from taking place. A combination of technology (alarm systems) and pen and paper can hopefully avoid future reports of children being injured or dying from being left unattended on day care center vans and buses.

Unfortunately, children are injured and some even lose their lives while under the care and supervision of a Florida Day Care Center / Child Care Center. When a child is injured due to the fault or negligence of a day care center, there are often many issues and challenges faced by the child and his or her family. See Florida Day Care Center - Frequently Asked Questions. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know which has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics.

What is a common household item that puts a child at risks for serious personal injuries in homes and day care centers? The answer to this question may not be so obvious. The answer is a "television". Yes, a television can cause serious personal injuries and, in some instances, death to a child.

Televisions, especially older model televisions, can be quite large and heavy. Many children do not recognize the danger of televisions or what could happen if the television falls off of a dresser, table, or even a wall. One curious act of a child can lead to devastating personal injuries.

The Consumer Product Safety Commission reported that more children - between 200 and 2010 - were killed in accidents involving a television than other unstable furniture or appliance items. Statistically, there were 169 deaths from falling televisions and an annual average of 13,700 personal injuries resulting from falling televisions.

Safety experts recommend that parents, business owners, and day care providers purchase straps, brackets and other safety devices be purchased concurrent with the television. The use of the television should not be initiated until proper safety measures are put in place. See Safety Tips to Secure Televisions.

Unfortunately, children are injured at day care centers and homes due to unsafe televisions or other items. When a child suffers an injury as a result of the negligence or fault of another person, business, or government entity, there are many challenges and issues facing a parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Homeowner's Injuries, Homeowner's Insurance, Damages / Compensation, Medical Bills / Medical Treatment, and other issues. You can receive this book for free at The ABCs of Child Injury.

The Brevard County Health Department is currently responsible for the inspection of 176 child care centers and 46 family day care centers operated out of private homes. For the past 20 years or so, Brevard County has completed these inspections and run the oversight of the child care facilities. Beginning January 1, 2012, the Florida Department of Children and Families will take over these responsibilities. Brevard County was one of only five of 67 counties in the State of Florida that completed the day care inspections. Regardless of the government entity conducting inspections, it is important for Florida day care centers to be inspected and to otherwise comply with the rules, laws, regulations, and statutes governing Florida Day Care Centers / Florida Child Care Centers. See Florida DCF to Take Over Day Care Center Inspections.

In Florida, Day Care Centers / Child Care Centers are subject to different rules and regulations. See Florida Day Care Center Rules and Regulations - Frequently Asked Questions. Unfortunately, children suffer personal injuries when regulations are violated by day care centers. When a child suffers an injury, there is questions and issued faced by the parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive this book for free, go to The ABCs of Child Injury.

In Florida and other States, babies / children have died or have suffered serious personal injuries while under the care of a day care center. In some instances, the cause of death was natural in that the condition or cause of death was unknown and unexpected. In other instances, a child was not properly supervised or cared for in the day care center. When a child dies in a day care center, there typically is an investigation and an autopsy to determine the cause of death, manner of death, and whether the death was preventable with more timely intervention or better supervision. A child can be put a risk in a day care center even during nap time if safety measures are not followed as to proper positioning of the infant / child during nap time. There are specific regulations in place in Florida as to nap time and other supervision. You can review these regulations at Florida Day Care Centers - Rules and Regulations - Frequently Asked Questions.

A 44 year old Tampa, Florida day care worker was arrested following the death of a 5 month old infant. The infant was under the care of Tina Toney Lark when he was found dead. According to officials, the 5 month old was found to have ingested large quantities of an anti-histamine. Police officials found over the counter sleeping pills that contained the same anti-histamine in the home of Lark. The drug was found stored in a basket containing an infant's pacifier. Lark could face the charge of aggravated manslaughter of a minor.

When choosing a day care, make sure it is licensed and insured. There are many rules and regulations required in order to be a licensed day care center or day care provider. Parents can check with the state regulating agency to verify a day care license. In the state of Florida, the Department of Children and Family is the agency in charge of regulating day care licenses. The department has strict rules regarding the storage of medications. Parents have the right to question day care centers and providers regarding their method for storing and administering medication to children in their care. For more information see, Tampa Day Care Worker Faces Criminal Charges for Death of 5 Month Old Boy- Aggravated Manslaughter.

Unfortunately, in Jacksonville (Duval County), Florida and other cities, teachers, tutors, babysitters, day care providers, and others entrusted with the supervision of a child abuse the very children under their care. The health, safety, and welfare of a child should be paramount to everything else. The Florida Times Union (www.jacksonville.com) reported that a former 5th grade teacher (Kristina Hartless) recently plead guilty to having sex or unlawful contact with a minor who she was tutoring in math and who she counseled at church. See Former Jacksonville Teacher Pleads Guilty in Sex Case with Student.

Ms. Hartless will spend 13 months in Florida State Prison and then be on probation for another five years. It is amazing that a teacher, who spent years training for the job and years on the job, would abuse her position of trust in such a disturbing and criminal manner.

There is often times a fine line between parental discipline and child abuse. There was a recent Florida Appellate Court ruling that addressed the issue of the rights of parents to discipline and whether such acts constituted child abuse / neglect under Florida law.
The Florida Appellate Court ruling dealt with a very specific fact pattern. Namely, the question presented before the court was whether a single smack spanking fit under any of the definitions of child abuse or child neglect. In other words, did a single smack spanking amount of a crime under the laws of the State of Florida? The question or issue presented before the Court was whether the punishment was unreasonable and excessive. The Court ruled that such an act under the particular facts presented to the Court was not abuse or neglect under Florida law. It is still unclear under Florida law how each and every case of corporal punishment by a parent will be handled. As long as corporal punishment is allowed, there will always be some debate or uncertainty as to what acts constitute abuse and neglect and what acts do not. You can read more about this topic at Florida Appellate Court Rules that One Smack / Spank Does Not Constitute Child Abuse and Neglect.

The topic covered in the previously mentioned article dealt with parental use of corporal punishment. The laws are quite different when applied to schools and day care centers. Schools may be able to utilize corporal punishment in the State of Florida but it depends on whether the school is public or private and the location (county) of the school. Some public school districts allow corporal punishment and some prohibit it. Private schools have policies in place that either allow or prohibit corporal punishment as well.

For more information on corporal punishment prohibitions in Florida day care centers, see - What Rules Apply to Discipline and Corporal Punishment?

With over 800,000 children under the age of six in the State of Florida needing child care, it is important that Florida's Day Care Centers abide by the Florida Statutes 402.305. One area of this statute that is of particular concern in provision dealing with child discipline.

Section 12 provides that age will play a part in determining what course of action is necessary when disciplining a child. Next, the statute lays out the minimum requirements that each Florida Day Care Center must abide by. First, Florida Day Care Centers are not allowed to discipline in any way that is humiliating or frightening. Second, the discipline cannot be associated with food, rest, or toileting. Finally, Florida Day Care Centers and its staff are prohibited from spanking or physically punishing children in any form. The statute also requires Florida Day Care Centers to inform the parents of the child of the daycare's disciplinary practices prior to the child's admission.

Section 402.305 of the Florida Statutes 402.305 sec. 13, sets forth the requirements regarding the plan of activities that each Florida Day Care Center is required to provide for their children. Minimum standards ensure that each Florida Day Care Center has a written daily provision of active and quiet activities appropriate to the age of the child. Implementing these standards according to age helps in preventing physical and mental abuse of the children.

It is well known that a child's first few years are very important towards their brain development. At three-years-old, a child's brain is operating at twice the speed of an adult's brain. This is why it is extremely important for daycares and other child care services to make sure they have a strong and detailed plan in place to assist children with this process. Activities like playing outside and interacting with other children can help improve a child's foundation for learning language and developing proper motor skills. It is also important to allow them to participate in inside activities such as puzzles and coloring books to help enhance all areas of the brain at such a delicate age.

Even with a good plan in place, Florida Day Care Centers can still lose sight of the most valuable things that a child needs at this age such as loving care and new experiences. Talking, singing, playing and reading are some of the key activities that build a child's brain.

To learn more please see, Understanding Brain Development in Young Children.

In Florida and other warm weather States, there is a significant risk of hyperthermia, heat exhaustion, and heat stroke when a child being left in a vehicle when the weather is hot. Hyperthermia, more commonly known as heat stroke, is a condition that occurs when a person's body temperature temperatures elevates significantly. In instances where body temperatures are dangerously high, medical attention is required to prevent disability or death. Because of these dangers and risks to children, Palm Beach County commissioners unanimously approved new requirements for child care centers: specifically, centers must provide mandatory alarms on vans or other vehicles that transport children. The vote came one-year after the death of 2-year-old Haile Brockington; Haile died as a result of being left in a hot van all day, the van belonged to Katie's Kids of Delray Beach, Florida. Children's Services Council is providing $100,000 of funding toward the ordinance, the alarms cost between $250 and $400. For more details please read Palm Beach County, Florida, passes new ordinance to require alarms in day care vans.

Florida child care centers have a duty to provide quality care to the children under the center's care. This duty includes ensuring a child is not left inside an automobile. Temperatures inside vehicles can be significantly higher from the temperatures outside, as must as a twenty degree difference in severe conditions. A child's body is not fully developed and does not have the capability to adapt to these deadly conditions. The new changes in Palm Beach County show a trend in advocating for quality child care and safety.

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.

The Princeton House Charter School, based out of Orlando, Florida, faces its second lawsuit that alleges the charter school abused a child under its care. The charter schools cares for students with moderate to severe autism.

The first lawsuit, based on an incident that occurred in 2008, settled. The first lawsuit alleged that 15-year-old Christopher Casto was injured by staff, as a result of the staff tackling, jumping, and sitting on him. Christopher had the mental capacity of a 5-year-old. The suit was initiated after he came home with bruises and scrapes from the incident. Carol Tucker, the school's director, said the staff responded appropriately to "violent" behavior displayed by the student.

In the current litigation, the parents allege their 6-year-old daughter was badly bruised while being restrained by staff at the center in January and claims the girl was grabbed and dragged by staff back in November.

"Restraint" is a controversial practice used by these centers, it is the practice of physically holding students with disabilities when they act out. The new lawsuit, which was filed in federal court, centers on the use of restraint among other issues. The lawsuit alleges the girl suffered extensive bruising after a staff member pulled the child's sweater over the back of a Rifton chair, a special wooden chair intended to support and hold students who cannot sit well on their own. Allegedly, the girl struggled and cried in an attempt to free for herself for approximately ten minutes, causing her to fall over and the chair landing on top of her. The three staff members who were present at the time of the incident were fired by the school. For more details please read Orlando charter school faces lawsuit after allegedly using unlawful retraint on 6-year-old girl.

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.

In Florida, it is important for day care center providers to properly supervise children under their care while the child is active during the day and also during nap time. There are dangers and risks to children during the sleeping hours and especially for infants and babies in cribs. In Bradenton, Florida, it was reported that a three year old girl died after being put down for a nap. The child was found unresponsive at Carbone Family Daycare Home. 911 was called and fire rescue was dispatched to the Florida day care center. CPR was performed and the child was transported to Blake Medical Center where the child was pronounced dead.

An autopsy will be performed which will provide investigators more information regarding the cause and preventability of the child's death. For Florida day care centers, there are various rules and regulations for the care and supervision of children which include regulations during nap time. See Florida Day Care Centers - What Rules / Laws Apply to Supervision During Nap Time?

See also 3 Month Old Girl Died at Florida Day Care Center - Investigation Pending.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters day care injuries, school injuries, medical treatment and bills, damages / compensation and other topics. You can receive a free child injury book at Free Book to Parents Dealing with a Day Care Injury.

According to the Health Department, several children across the State of Florida die after being left in vehicles. As a result, Palm Beach County strives to become the first in Florida to require day care center vans to include alarms; the alarms are intended to prevent children from being left in vehicles. The Palm Beach County Commission has given its initial approval on the requirement and final approval by the Commission is expected August 16, 2011.

Senator Maria Sachs, from Delray Beach, Florida, thought that every child care van should have a safeguard. Sachs pushed for a similar state law that failed to pass in the Legislature in the spring. The bill would have required child detection alarms in day care center vans across the state. Sachs’ bill was prompted by the death of two-year-old Haile Brockington who sadly died after being left strapped in a van for more than six hours outside a Delray Beach day care center. The purpose of the alarms is to remind drivers and other day care center employees to check the entire vehicle every time they transport children. The drivers would have to go to the back of the van to disarm the alarm, which would sound inside and outside the vehicle.

Palm Beach County’s proposed alarm requirement and other child care safety regulations will be up for final review in August. Other regulations include requiring more than one day care center employee to ride in the transporting vehicles, increasing the operating fees for facilities, requiring employees to have at least a high school diploma, and completing criminal background checks before employees are cleared to begin work. For more information on this topic, see Palm Beach County may require alarms in day care vans.