Florida Child Injury Lawyer Blog

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

Deacon Richard Turcotte, chief executive of Catholic Charities announced recently the organization’s plan to bring homeless Haitian children to the US. Since then, he reports that he has been inundated with calls of support. According to the plan, any child considered “at risk,” including orphans, will be eligible to come to the US and be placed with an American family. Each child will be placed on a case-by-case basis. Turcotte cautioned that this will be a measured and temporary measure to help children who have been left homeless or orphaned by the 2010 earthquake that devastated Haiti.

What will happen to the children once they are placed in a family will depend on their situation. Some may be placed in foster care, with relatives, or even be adopted by an American family. So far, three sites have been designated in Florida to accommodate the children while they are being placed. The United States government will have to identify these children as officially “at risk” before the program can begin. According to Matthew Chandler, director of Homeland Security, the United States government is currently working on reuniting children with relatives before considering more drastic measures. Read more about the plans to help children orphaned by the Haiti earthquake at Plan to bring children to U.S. gathers steam.

Three children, one as young as two years old, escaped undetected from a Grace Community Schools daycare center in Cape Coral Florida. The children crossed a busy street where they were gathered up by concerned onlookers. Moments later a few of the school’s employees came outside to look for the kids. One of the onlookers, Nicholas Nuzzi, called the Cape Coral police department to report the incident. He also made a report to the Florida Department of Children and Families.

The Florida Department of Children and Families has confirmed that it is investigating the complaint, and that this particular incident is one of several charges of abuse and neglect made against Grace Community Schools’ schools and daycare center operators. Because the schools are run under a religious exemption, they are not licensed or inspected by the state. Read more about this daycare at Toddlers escape from Cape Coral daycare.

In Florida, a day care center can operate under a religious exempt status if the day care center is part of a bona fide religious institution. But even religious exempt day care centers have employment screening and background checks as well as other requirements. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care center where they will be leaving their child, whether the daycare is state licensed or not.

If your child has been subject to abuse or neglect while in daycare or elsewhere, please contact our firm for expert advice from experienced child injury lawyers.

Thousands of reports of abuse coming in on the Florida Department of Children and Families abuse hotline are being rejected or ignored, thanks to a little known new screening practice recently undertaken by the department. Child welfare managers in Broward County, Florida, brought the new screening rules to light during a routine practice review.

The new screening procedures were put into effect to ease the burden on the overwhelmed child welfare system. The Department of Children and Families calls the new practice “necessary triage” that allows them to focus on the most at-risk children. They point to a number of frivolous complaints filed, but reports of abuse, kidnapping, rape, child abuse, neglect and domestic violence are now being routinely being labeled as “unworthy of investigation” as well. A spokesperson for the department said the new rules are a work in progress, which the department will continue to refine.

One of the new policies that was leaked to the press includes a revision of guidelines on what is considered abuse, and includes a directive to reject complaints about signs of a beating unless the child was taken to a doctor or the hospital or was permanently disfigured. This would basically rule out any signs of abuse reported by childcare workers. Child advocates are up in arms over what they call a “dangerous shortcut” that will leave many children at risk. A one year old child, Bryce Barros, has already fallen victim to the new rules; he was beaten to death by a family member even after a Broward County domestic violence judge contacted the hotline on three separate occasions on behalf of the child.

The economic downturn is being blamed for a large part of the problem; stress and loss of income within families has put more children at risk, just as funding for the Department of Children and Families is being cut by the state. An increase in frivolous complaints lodged by child care workers afraid of being prosecuted for failure to report suspected abuse was also cited.

You can learn more about the new screening procedures at Cries for help to DCF hot line go unheeded by design.

In Jacksonville, Florida and other cities, millions of people are using Craigslist to find day care providers and to serve as child care providers. The ease of use as well as the cheap costs if any of websites like Craiglist is both a blessing and a curse. It is a blessing because it allows parents to find child care providers with ease. It is also a blessing because it allows those who want to provide child care services to advertise to millions of people in an effective manner. It is a curse or a danger because there is no quality control or oversight to speak of when responding to or posting for day care positions or services on Craigslist and related sites. While it may be fine to buy a CD or bicycle through Craigslist, it is quite another thing to find a quality babysitter or day care provider. First Coast News Jacksonville recently posted an interesting article on this topic at> Finding a Child Care Provider Online - Is It Safe? I recommend that parents be very careful when selecting a day care center.

In Florida and other States, children continue to be kidnapped and abducted every year. Because of their size, immaturity and at times poor judgment, children are often times easy victims for those intent on abducting and harming children. Gary Belson is a security expert and a teacher who uses his knowledge and experience to teach children about kidnapping and safety. The case of Carlie Brucia is a teaching tool that Belson uses in the classroom to help teach the children about safety. Carlie Brucia was abducted at a car wash. A surveillance video captured the abduction. In the video, a man is showed holding Carlie's arm and leading her away. Belson instructs children on how Carlie may have been able to fight back and get out of this dangerous and ultimate deadly situation. Of course, the best safety measure is to stay out of dangerous situations and to have parental or adult supervision at all times possible. You can read more about this story at Jacksonville, Florida Elementary Students Get Lessons and Instructions Regarding Child Safety.

In Florida and other States, working parents rely on after school programs including those at the YMCA. It is vital that school and after school programs have checklists and a system in place to insure that children are transported on the correct bus to the correct location. Otherwise, a child may be left unsupervised and be at risk for personal injuries. In Lakeland, Florida, Kaylee Mitchell (age 5) was mistakenly taken to an empty home rather than to her after school program at the YMCA. Fortunately, Kaylee did not suffer any injuries but was certainly was put in a dangerous situation. The school apologized for the mistake. Hopefully, checklists and other safety measures will be followed or revised to make sure that this situation is not repeated as to Kaylee or any other children. You can read more about this story at 5 Year Old Lakeland Girl Transported to Empty Home Rather Than After School Program.

In Florida and other States, there are a number of babysitting courses available that help educate responsible children and teens about the responsibilities and duties of a babysitter. A formal babysitting class ranges in length from a one to two day course typically. Children learn about CPR, choking, 911, emergency situations, communication with parents, communication with children, and other tasks. I believe that taking a babysitting course is a responsible step or action by both the babysitter or the babysitter in training as well as the parent of the babysitter. It is a milestone in a way for the babysitter that definitively states that, "I am now older and have responsibilities." When a child / teen completes the babysitting course, praise and recognition should be given. It is also important for parents to have a discussion with the babysitter who completed the training to find out what was learned, what was retained, and what actions / steps will be used by the babysitter when completing a babysitting job. The money and time spent in a babysitting class are certainly well worth it when you consider that the education will benefit both the babysitter and the children supervised by the babysitter. In Jacksonville, Florida, the JCA (Jewish Community Alliance) has an excellent babysitting course that is offered periodically at the JCA located at 8505 San Jose Boulevard, Jacksonville, Florida 32217 - (904) 730-2100.

A judge recently imposed a sentence of life in prison to a man accused of shaking his 2 1/2 month old child to death. Ventrel Gammons was the father accused of the crime of first degree murder and aggravated child abuse. The incident, according to prosecutors and investigators, took place at the family home in May 2007. Mr. Gammons' attorney argued that there was no evidence to support that Gammons abused or harmed his child. While it was not detailed in the Florida Times Union article, it would appear that this case involved medical testimony and evidence regarding Shaken Baby Syndrome and the associated head / brain injuries involved in such a case.

Parents, day care providers, child care providers, family members, and babysitters should never ever shake an infant, toddler, or child for disciplinary purposes or play. It is well known that shaking a baby can cause irreversible brain injury and in many cases - wrongful death.

Shannon Dedrick, the Florida seven-month-old who was reported missing from her home over a week ago, was found alive recently. The girl was found lying hidden in a small box under the bed of her babysitter / step-aunt, Susan Baker. Shannon appeared to be in good health. According to police, Ms. Baker had asked the child’s mother, Crystina Lynn Mercer, to give her permanent custody of the child, and Ms. Mercer handed the girl over to her.

Police became suspicious of Ms. Baker after learning that she and her husband had been arrested in 2000 in connection with the disappearance of their own three-year-old son over twenty years ago in South Carolina. That case has never been solved. Washington County, Florida Sheriff, Bobby Haddock, says that the women conspired to place the child with Ms. Baker, but they do not believe that Ms. Mercer was aware that Ms. Baker had hidden the child in a box under her bed.

According to the local news station, WLTX, Ms. Mercer has been charged with deserting a child, and Ms. Baker has been charged with aggravated child neglect. Both women have been charged with filing a false missing child report, filing a false report of a crime, interference with child custody, and contributing to the dependency of a child. Ms. Baker’s husband was arrested as well, but he has been released; police have not determined if they will charge him with a crime.

If these women had gone through proper channels to legally change custody of Shannon, all the drama and cost of the prolonged search could have been avoided, and the women would not be facing criminal charges. It is unclear why Ms. Mercer would so easily hand over her child to someone else, and why they would not go through regular channels, but more details will likely come out as the investigation continues.

Find out more about Sannon and her ordeal at Shannon Dedrick case: Police say mother gave girl to babysitter, both women charged.

In Florida, day care and school field trips can be great fun and adventure for children. At times, these field trips can also create dangerous situations as well. Supervision and checklists are vital when a day care center or school brings children on a field trip. In West Palm Beach, Florida, it was reported by CBS Channel 12 News that a child was left behind on a trip to a zoo. Fortunately, the child did not sustain any injuries. The child was later safely reunited with his mother. I recommend that day care centers maintain an attendance checklist for all children on the field trip. Take attendance when you leave the day care center, at various times at the field trip location, when the bus is loaded, and when the children exit the bus.

According to the United States Bureau of Labor Statistics, nearly 62 million people volunteer at least one day a year. Those volunteering to work with the elderly, children or the disabled persons are likely to be screened for “red flags” in their criminal history, such as convictions for drugs, violent crimes, sex crimes and child abuse. The ability to use national criminal history checks to screen out volunteers with certain types of criminal records has been made possible by the National Child Protection Act, signed into law by President Bill Clinton in 1993.

In Florida, a state law requires schools to check volunteers against the sexual predator and offender database. A proposed law would also require youth sports organizations to check the backgrounds of coaches and referees. Some Florida volunteers who have been turned away from positions have hired a lawyer and plan to argue that the background checks violate their rights to privacy.

Checking someone’s background only costs few dollars. That seems like a small price to pay to be able to ensure parents and caregivers that their loved-ones will not be in the care of a person with a known or reported criminal history.

Read more about national laws and policies for criminal background checks on volunteers at Volunteers screened before working with children, elderly.

Pilar Rodgriguez was four years old when she disappeared while in a babysitter’s care over ten years ago. The babysitter, Melissa Cooper, took the child on a two-week vacation, which was approved by the child’s father, Marco Rodriguez. They failed to return the child after the two weeks were over, and Rodriguez notified the police. When questioned, Ms. Cooper initially reported that the child had met with a tragic accident, then later accused her boyfriend, Keith Wilson, of fatally beating the child. Wilson claims to have no knowledge of what became of the girl.

Pilar has never been found, but Southwest Florida Deputies and the Charlotte County, Florida Sheriff’s Office are still looking for clues in her disappearance. Officials recently performed a search that appeared to be aimed at finding the child’s body, calling in NecroSearch International, an organization that helps law enforcement agencies find hidden graves. The search was performed at the former home of Wilson. Charlotte County, Florida Sherriff, Bill Cameron, has stated that he will not close the case until Pilar is found and those responsible for her disappearance are brought to justice.

The tenacity that Sherriff Cameron is showing in this case is commendable. Parents should be very cautious about who they allow to take care of their children. In this case, just knowing and trusting the babysitter may not have been enough, as the vacation she took Pilar on included her boyfriend as well.

You can read more about the search for Pilar at New search for evidence in missing girl cold case.

In Florida and other States, there is a problem with school and day care providers leaving young children on buses, vans, and other vehicles. The failure to supervise and make sure that all children have exited the vehicle has resulted, in some instances, serious personal injury and / or death of a child. In Kissimmee (Osceola County), Florida, a school bus driver (Benjamin Gonzalez) and and school aide (Carmen Pacheco) were recently charged and arrested for child neglect regarding an incident where a 3 year old special needs boy was left on a bus for 6 hours. The incident was investigated by the Osceola County Sheriff's Office and the Florida Department of Children and Families. It was reported in the Orlando Sentinel that the child did not appear to suffer any significant injuries; nevertheless, his mother did take him to a hospital for evaluation.

All school and day care bus drivers and aide should take all necessary precautions to make sure that children are properly supervised while on a bus and furthermore should make sure that all children safely exit the bus. Fortunately, this child is alive today, nevertheless, this child was negligently left in a very dangerous situation that could have resulted in tragic consequences. You can read more about this story at School Employees Arrested for Leaving 3 Year Old Special Needs Child Unattended for 6 Hours - Kissimmee, Florida (Osceola County).

The Happyland Learning Academy in Orange County, Florida is changing their cleaning and security measures after being repeatedly vandalized by homeless people living on or near Semoran Boulevard. Owner Marco Infante has installed better locks and added advanced security measures to protect the children who come to his daycare center. He has also spent a good deal of time making sure cigarette butts, beer cans and other garbage are cleaned up before the children arrive each morning. The children’s parents did not seem concerned by the vandalism, saying that they believed the school provides a safe environment. Happyland and other day care centers should take their best efforts to provide for a safe and clean environment for children in the center. It is unfortunate that people unconnected with a day care center would take actions that could affect the safety and welfare of children.

Florida daycare centers are responsible for properly supervising children, including securing the facility and playground so that children are not injured or harmed. Parents who have their children in day care centers should inspect the facility and ask staff what measures are put in place to protect the children from potentially dangerous trash items in the playground or from strangers wandering onto the property.

Find out more about safety at this Florida daycare at Daycare says homeless damaging facility.

This past April, seven-year-old foster child, Gabriel Meyers, apparently committed suicide after taking prescribed psychiatric drugs. The death has caused a debate that is slowing the flow of prescribed medications to children in state care in Florida.

After the child’s death, the Florida Department of Children & Families (DCF) launched an investigation into his death, and found that many foster children were taking medications without the proper consent forms in place. Lawmakers have vowed to create new laws to try to prevent the overuse of drugs by foster children. Fear of an increased suicide rates among children taking psychotropic drugs has prompted the FDA (Food and Drug Administration) to put a black box warning on them.

Child advocates approve the recommendation of getting the proper consent, but worry that slowing down or stopping treatment for troubled children could lead to more problems. In some instances, a foster child's behavior that is not controlled by necessary medication may make it more likely that they will be rejected by foster families who do not know how to deal with these children.

Alan Abramowitz, director of DCF’s Family Safety Program Office, said that physicians with any questions about a prescription should contact his agency.

Read more about this story at Florida foster kids slower to get medications now.

Twenty-one year old Christian Woods, of Belleview Florida originally told Escambia County, Florida deputies that her 18-month-old daughter was missing after she left the child, her twin sister, and a 2-year-old boy home alone while she went to Mobile, Alabama for the weekend. Escambia County, Florida authorities reported that Ms. Woods left the children with 6 containers of Jell-O and no water or electricity.

The 18-month-old girl was later found dead in a trash can, and her mother admitted to putting the girl there after she returned home to find the child dead. Ms. Woods has been charged with murder and two counts of child abuse. The other two children have been taken away by the Florida Department of Children and Families.

The article did not mention what drove Christina Woods to leave her children alone for the weekend with no food, water or electricity. It is almost inconceivable that a mother would subject her own children to such abuse and neglect. Children should be cherished and protected by their parents; when they are not the results can be quite tragic.

Find out more about this story at Deputies: Mom Put Dead Girl In Trash.

At Morningside Elementary School in Port St. Lucie, Florkda, a teacher (Wendy Portillo) was fed up with disciplinary issues she had been having with 5-year-old Alex Barton, decided to let the other children in her class vote to decide if the child should be thrown out of class. Alex, who is in the process of being diagnosed with Asperger’s Syndrome, was made to go to the front of the class and listen while each of his classmates was invited to say what they did not like about the boy. Alex lost the vote at 14-2 and was sent to the nurse’s office for the rest of the day.

The child’s mother, Melissa Barton, has filed a complaint, but the state attorney's office has said that the incident did not meet the criteria for emotional child abuse, so no criminal charges will be filed. The Port St. Lucie, Florida Police have documented the claim but are no longer investigating it. Ms. Barton is considering legal action.

Asperger's syndrome is a type of high-functioning autism. Children with Asperger's often exhibit anti-social or disruptive behavior. Because of his disability, Alex has had disciplinary issues. Since the incident, Alex has refused to return to school.

It is absolutely outrageous that a teacher would treat a special needs child this way. Children with disabilities should be treated with extra care and attention, not ridicule and embarrassment.

You can read more about this incident at Teacher lets Morningside students vote out classmate, 5.

The Panama City, Florida Police Department has arrested 63-year-old Louis Miles Treckey, Jr. and charged him with one count of lewd and or lascivious molestation of a child under the age of 12 years.

According to a story posted at the www.panhandleparade.com website, Treckey, an acquaintance of the child’s family, had been asked by them to drive their 2 ½ year-old child to daycare. Treckey arrived at the daycare nearly two hours after picking the child up at home. The child said things to the daycare providers that caused them to suspect that the child had been molested by Treckey. They notified the child’s family, and the child was examined at a local hospital. Treckey was arrested without incident sometime later that day.

Of course, Mr. Treckey will be entitled to a criminal defense attorney / lawyer on this case. The news story did not report the exact statements of the child or what forensic evidence (if any) was obtained through the medical examination at the hospital. The story also did not mention whether Mr. Treckey had any kind of explanation for the extended or prolonged time period between picking up the child and delivering the child to the day care center.

The day care center did the right thing in reporting this matter. It was not only the right thing but it is also the law in Florida. A day care provider has a duty to report suspected cases or matters of abuse to the Florida Department of Children and Families. A day care provider does not actually have to witness the incident. The day care provider only needs to have a reasonable suspicion of abuse under Florida law.

Parents should not have to worry when they send their child to school with a trusted adult. It is a shame when a child’s family was fooled by their acquaintance into believing that he was a trustworthy person. The daycare staff should be commended for noticing the child’s cry for help and taking the appropriate steps to protect the child by reporting this matter to law enforcement officials / Florida Department of Children and Families.

To find out more about this case, visit Panama City Police Department Arrests Man on Lewd and Lacivious Charges .

The Florida Department of Children and Families has ordered that a Waldo, Florida day care center shut down. According to an article in the Gainesville Sun newspaper website, Little People's Palace has been shut down at the order of the Florida DCF. This day care center was previously operating for approximately one month without a license. The Florida DCF had cited with compliance violations. There were also concerns regarding criminal / employment background checks and the history of the owner and employees. In Florida, a day care center can operate under a regular license issued by the State of Florida or a religious exempt status if the day care center is part of a bona fide religious institution. Even religious exempt day care centers have employment screening and background checks as well as other requirements.

Day care licensing regulations are enforced and monitored by the Florida Department of Children and Families. Is it important for day care centers to follow the regulations? Absolutely. Many of the regulations involve staffing and safety measures which help promote the health and well being of the children. These regulations also help prevent the incidence of personal injuries to children in day care centers. Day care center operators who try to avoid regulations often times skip over other details as to safety. When enrolling a child in a Florida day care center, ask for documentation regarding licensure, staffing, and background checks. It is also helpful to contact the local office for the Department of Children and Families to get information on the facility and owner.