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" »

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.

Public tolerance and greater social awareness has led to a decrease in the use of spanking or hitting children (corporal punishment) as a form of discipline. Dan Rodricks, writer for the Baltimore Sun, is worried, however, that reports of abuse will go unnoticed because it is the summer time and kids are away from schools and teachers, the group most likely to notice and report incidents of abuse. Rodricks urges his readers to keep a lookout for signs of abused children saying, there is not expertise required, you know abuse when you see it.

The laws of this nation have been reluctant to interfere with the scope of parental authority regarding the issues of discipline and children. In fact, corporal punishment is still legal in all 50 states and still permitted in schools in 20 states. However, there is a bill presently in Congress to outlaw the use of corporal punishment in schools throughout the nation. Rep. Carolyn McCarty, a New York Democrat, introduced the legislation which proposed to take the wooden paddle out the hands of the school officials still permitted to use it. To read more on the this topic see Writer urges teachers and parents to stop the use of corporal punishment.

Parents have a parental right to decide how they will discipline their children. However, the lines between discipline and abuse are becoming more blurred as public awareness on the effects and consequences of hitting children increase. What is clear is that a difference does exist between abuse and child discipline. If you suspect acts of abuse you should report the incident as soon as possible to your local law enforcement authorities. Victims of abuse suffer from emotional and physical trauma, and the perpetrators should be stopped as soon as possible. Reporting incidents of abuse stops the violence and will prompt a criminal investigation.

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.

United States District Judge Mary S. Scriven scolded Patrick Connolly as she handed down a 30-year prison sentence in an Orlando, Florida Federal Court. Connolly, a former military contractor, pleaded guilty in January to one count of sexual exploitation of children. 30-years was the maximum sentence that Scriven could impose on Connolly, however, Scriven said she would have sentenced him to life if she could.

Connolly was convicted of hacking into girls' computers and forced them into making child pornography of themselves. One girl told authorities she was told her sister would be hurt unless she provided pornographic photographs of herself. Several complaints, similar to this one, filed by Brevard County girls led to a criminal investigation about 5 years ago. Investigators eventually arrested Ivory Dickerson, a North Carolina civil engineer. after detectives found over 1 million pornographic images on his computer. As part of his plea agreement, Dickerson pointed investigators toward Connolly. Dickerson was sentenced to 110 years in prison in Orlando Federal Court in December 2007. The FBI eventually arrested Connolly at Hartsfield-Jackson Atlanta International Airport.

Victims of Connolly's extortion live in multiple states: Florida, Texas, Michigan, North Carolina, and Louisiana. One mother of a victim testified at Connolly's sentencing hearing that Connolly "entered their home through the Internet and spread like a cancer." One of his victims, a college student at the time of the extortion, testified that she felt like a prisoner. She stated that Connolly threatened her to not to move her web camera and keep her from going to class. To read more about this topic see Former military contractor (Patrick Connolly) sentenced to 30 years for sexual exploitation of children.

The Internet has brought significant changes into our society, especially concerning one's privacy. Parents need to restrict their children's access on the Internet. You can consult with your internet service provider regarding the basic steps to take to heighten your security on the Internet.

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.

Charles Todd Stokes, 48, a former Florida teacher and resident, was convicted of traveling to Asia to have sex with young boys. Stokes traveled to Thailand in 2002 and remained there until his arrest in 2006. He was convicted by a federal jury after a four-day trial. Federal prosecutors stated Stokes engaged in sexual conduct with over 70 boys all under the age of 15. Two of the boys, 11-years-old at the time of the abuse, testified against Stokes. Prosecutors also stated to have thousands of photos of Stokes engaging in sexual conduct with the boys. Stokes previously lived in Miami from the mid-1980s through the late-1990s. Stokes will be sentenced on August, 25; he faces up to 30 years in prison.

Sexual abuse against children is a morally depraved crime. There are long term consequences and effects on children from the sexual abuse, both physical and emotional on the abused children. Suspected acts of any type of child abuse should be reported to law enforcement authorities so that a criminal investigation and be pursued. Child abuse should never occur but the unfortunate reality is that does. Therefore, reporting the crime as soon as possible is one of the ways to stop the abuse and get some protection for the abused child Read more about the charges at Former Florida resident convicted of having sex with young boys in Asia.

David Alan McBurnett, a Hernando County resident, pleaded guilty to manslaughter by culpable negligence and sentenced to two years in prison as part of a plea deal in a Florida criminal case brought against hin. The 20-year-old man was initially charged with fatally abusing his girlfriend’s one-year-old son. According to authorities, McBurnett was arrested after the child’s death in September for repeatedly hitting the child for crying. McBurnett’s Florida criminal attorney said the child was being abused but not by McBurnett. To read more details about this story see 20-year-old man sentence to two years for negligent manslaughter.

Physically beating / abusing a child for crying is abuse and perpetrators need to be punished. If you suspect a child is a victim of physical or emotional abuse, you should report your concerns to law enforcement authorities and / or the Florida Department of Children and Families so a criminal investigation can be pursued. Physical and emotional abuse has lifetime consequences for children and needs to be stopped as soon as possible.

Children have a right to bring civil cause of actions against their abusers. A Florida Child Injury Lawyer should be consulted to discuss the various legal issues and concerns you have regarding the abuse.

A Lehigh Acres babysitter, near Fort Myers, Florida, was arrested when she left two children and two pets in a car while she into a salon to get a facial. A passer-by noticed the 6-year-old boy, 7-year-old girl and two pets in the car with the windows rolled up. The 22-year-old baby sitter said she left car running while she was in the salon, however, the passer-by claimed this to be untrue. The children were treated at a nearby hospital for heat stress and released. The county's Animal Control Department took the pets.

Parents as well as any child care providers including day care providers, teachers, babysitters, coaches, and camp counselors have a duty to protect children from harm. Babysitters should appreciate the responsibility they take on when hired to care for children. Leaving a child in a car unattended is never acceptable and worsened in cases when the event takes place at times of the year when temperatures are extreme- low or high. Hyperthermia increases during this time of year.

A child injury lawyer should be contacted to discuss the legal issues the arise from the negligent conduct of others that results in personal injuries or harm to a child.

To read more about this topic see Babysitter Leaves Children in Car While Getting a Facial.

In Duval County (Jacksonville) and other Florida school districts, there is a problem with bullying. Sometimes, the bullying is subtle and at other times the bullying takes the form of life threatening violence. Either way, the bullying can have a profound effect on the child victim who can suffer from physical and / or psychological persona injuries. It was reported in the Jacksonville Florida Times Union that the Duval County - Jacksonville - School District will being tracking incidents and reports of bullying for the 2010 - 2011 school year. The tracking of this information and data can lead to a better understanding of bullying acts. I suspect that a great deal of bullying goes undetected or unnoticed by the school system because it is not reported. Some parents and children believe that reporting a bullying incident can actually lead to more problems or an aggravation of an already bad situation.

All parents should take action to address bullying acts or situations. Unfortunately, some parents turn a blind eye to bullying situations or deny the fact that it exist at all. No parent wants to think that his or her child is being a victim of bullying or that his or her child is actually committing bad acts as a bully.

See Duval Schools Will Start to Track Bullying Complaints.

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 Mulberry, Florida,a man (Aaron Neal) was arrested for allegations involving the punching of a child in the face. The case was investigated by the Polk County Sheriff's Office. The criminal incident apparently was witnessed by others. The child suffered personal injuries to the head and ear. Neal was charged with aggravated child abuse and child cruelty. See Man Punches 7 Year Old Child Causing Personal Injuries.

Children should not be subjected to assaults and other violent acts that cause or could cause serious personal injuries.

In Florida, children engage in sports activities every day. There are thousands of dedicated coaches and volunteers in youth sports in Florida. These coaches provide hours of instruction, coaching, and mentoring to children every week. The majority of coaches are caring individuals who have the child's best interest in mind. There are some coaches out there who prey on children or otherwise ignore the needs and best interests of children. In some cases, the child suffers serious personal injuries as well as psychological injuries when a coach fails to provide adequate supervision or when the coach himself or herself actually preys on the child and engaging in illegal and inappropriate sexual molestation and assault of the child.

In Osceola County, Florida, a martial arts instructor (John Durinick) is accused of molesting / assaulting / raping a former student. Mr. Durinick was arrested on charges involving a 14 year old girl. The allegations are that Durinick attacked the girl at the John Emmons Tae Kwon Do Martial Arts Studio in 2008. This case is interesting in that the accusations are against a person trained and skilled in subduing another person. Mr. Durinick will be entitled to defend himself against these criminal accusations by a Florida criminal defense lawyer / attorney. Prosecutors and the public defender / private criminal defense counsel will argue over the testimony and evidence presented on this matter. See Former Osceola martial-arts instructor accused of raping 14-year-old girl.

While background checks would not prevent every incidents from happening, background checks are a valuable action to take to insure that those with a known criminal history are kept away from children. It is also important for parents to attend all practices and games / matches of their children. Of course, this is not practical for every parent or every practice; however, active parent participation can help prevent incidents from taking place.

Coaches have a duty to protect and mentor children. Government entities, sports organizations, and businesses engaged in youth sporting activities have a duty to hire competent coaches and properly supervise the coaches. Competition is great and playing a sport can be great fun. All parents and coaches should keep in mind that safety is the most important part of youth sports.

Social Networking, the Internet, Smart Phones, the Blackberry, the iPhone, and the laptop are all great tools. Unfortunately, there are many people out there who are using these tools and the associated technology to prey on children. A story reported in the Huffington Post and other news outlets involved a 14 year old girl who was seduced by a 44 year old man. It has been alleged that the man - Moses Virgil Campbell, Jr. - age 44 - had sex with the 14 year old girl. An investigation led to the location of the 14 year old girl underneath Mr. Campbell's bed . The intervention by the teen's mother led to the discovery of this inappropriate and illegal relationship. A cab company and driver also provided information to investigators that led to the arrest of Mr. Campbell. See Man Allegedly Used iPhone App to Meet; Have Sex with 14 Year Old Girl: FBI (Federal Bureau of Investigation).

It was reported that Mr. Campbell met the 14 year old through a Social Networking site / program called i Date - an application for the iPhone. Mr. Campbell will be able to defend himself against these charges from a public defender or a private criminal defense lawyer. It may be a tough case to defend against the charges since there will be evidence in the form of electronic evidence. In addition, police found the teen underneath Mr. Campbell's. How is this going to be explained if it can be explained at all?

Parents should be aware of stories like these and take an opportunity to speak to their children and check on the Internet and Social Networking activity of their children.

In Florida and other States, sexual predators and offenders are using the Internet to try to victimize and molest children. Consenting adults can arrange for meetings, dates, and other relationships online; however, it is much different when a child is involved. Undercover investigators are doing their best to track down sexual predators and offenders who are specifically informed online that the person on the other end is a child. In some instances, the "child" is actually an undercover investigator. The text messages, chats, and e mails are all recorded and saved as evidence when there is a criminal prosecution or arrest made in these kind of cases. In Jacksonville, Florida it was reported that David Marshall Deal, age 24, was convicted of using the Internet to attempt to engage in sexual activity with a minor. The allegations in this case were that Mr. Deal was informed over the Internet that the "child" was 13 years old. During an arranged meeting with the "child", Mr. Deal brought condoms, a camera, and thong underwear. In cases like these, the intent of the criminal suspect is proven by the electronic evidence as well as the items brought to the meeting. You can read more about this story at Man Convicted of Crimes - Attempt to Entice a Child for Sex.

In Orlando, police authorities have charged three teen girls with attacking another teen girl. The incident started with a dispute between two girls. Later, three girls went to confront another teen girl. Punches were thrown, pepper spray was used, and the victim's head was slammed against a driveway. There may have been a knife pulled out during the assault as well. This brutal attack could have easily caused serious personal injuries or death to the victim. Of course, the suspects will be entitled to their "day in court" and also will be able to defend themselves against these charges through the legal representation of a Florida criminal defense attorney or a public defender. The fight seemed to be related to a phone call and a boyfriend dispute of some nature. Violence among teens is not the way to work out disputes or problems. Children can be serious injured and prison or jail terms can be imposed for the criminal conduct. See Three Girls Charged with Attacking Another Girl in Orlando, Florida.

Is hazing a crime in Florida? The answer is a resounding YES. See Section 1006.63, Florida Statutes - Hazing Prohibited. Many think that putting a pledge or recruit through humiliating and physically and psychologically demanding tasks is a right of passage. Typical excuses for such illegal conduct include:

"This is what I had to do when I was a pledge."

"We have a tradition and all pledges must go through this."

"When you become a member, you will understand what we are putting you there."

"We are just having fun with you. Just do it."

The above statements and excuses are weak especially when the health, safety, and welfare of a child or adult at at risk. Beside the moral and health issues associated with hazing, it is felony or misdemeanor crime (depending on the circumstances and intent) to haze or commit hazing type acts in the State of Florida. Florida law will prevail over tradition every time. Just because something has been done for a long time does not make it right, acceptable or legal. If you or your child has been a victim of acts of hazing contact a Florida Personal Injury Lawyer for advice and consultation as to the rights of the victim. Hazing has been a tradition of the past . . . don't let it be an ongoing and current tradition.

Public figures and broadcasters often times can see a career tarnished or ruined when a crime is committed. Jobs are lost and reputations are scarred. In Gainesville, Florida - home to the University of Florida, a former television and radio broadcaster pled guilty to charges of the receipt / distribution of child pornography. Steven Michael Babik, age 50, admitted to the charges that he downloaded images of child pornography.

The child pornography industry thrives only because there are consumers who buy or distribute the images. Children are victimized yet there are those out there who find it recreational to view images of children being harmed by others.

Investigators and police should continue their efforts to prosecute crimes involving any aspect of child pornography. Unfortunately, there does not seem to be any near end or solution to end the ongoing abuse and neglect of child victimized by the child pornography industry and its participants. You can read more about this story at Former UF Broadcaster Pleads Guilty to Charges of Child Pornography.

In Tampa, Florida, students at the University of Tampa attempted lift a suspension related to hazing allegations. The sorority sisters of Delta Sigma Theta were accused of making or forcing pledges to eat garlic and consume hot sauce. There were also allegations that the pledges were paddled. Under Florida Statutes, it appears that this kind of conduct would constitute hazing which is considered a crime in the State of Florida. College and high school students should be able to join clubs, organizations, teams, fraternities, and sororities without the fear, humiliation, and potential dangers of personal injuries from hazing type of actions. See Suspension remains for sorority Sister in Hazing.