Florida Child Injury Lawyer Blog

Mark Woods is a writer with the Jacksonville Times Union. Woods wrote an excellent and right on point editorial article titled - Message to End Hazing Way Too Late. By now, it is well known at FAMU and the rest of Florida that a band member died and the death is suspected to be related to hazing. Since the death of FAMU band member - Robert Champion - other reports and incidents have come to light in the press and media. However, it appears that the existence and knowledge of hazing in the FAMU band has been well known to band members, former band members, band officials, and, yes, the administrators at FAMU. What was done to stop the hazing? What enforcement actions were taken? How were the activities of the band monitored? Was the atmosphere and environment of hazing tolerated? As pointed out so astutely by Mark Woods in his article, the band played on even though there were reports and incidents of hazing. Rules are one thing . . . . enforcement of rules is quite another . . .
Being selected to a band, fraternity, or sports team should result from hard work and dedication. Being on the team should not be preconditioned by hazing type of activities by other teammates or members. There should be a zero tolerance to hazing as this will be the only way to end years of abuse and neglect of the student / child.

Following the recent death of Robert Champion and the recent reports of other hazing incidents, FAMU had plans to review the anti-Hazing rules in place for the university. This review has been postponed at this time. FAMU and investigators have their hands full investigating the circumstances surroundind the death of Robert Champion. Furthermore, investigators and university officials are also busy fielding other complaints and reports of hazing involving the FAMU Marching 100. Following the death of Robert Champion, it was reported by the Associated Press thatt four students were dismissed from FAMU but details were not released as the reasons or circumstances involving the dismissal of these FAMU students. See FAMU Postpones Review of Anti-Hazing Rules.

Hazing unfortunately had a tradition at FAMU. It is also seen at other college bands, teams, fraternities, and clubs. Hazing typically involving physical and mental abuse of a recruit or applicant. Good judgment is lacking in many acts of hazing and the hazing results in serious personal injury, mental anguish, and, in some cases, death.

In Florida and many other States, a doctor (including pediatricians and emergency room doctors) have a duty to report incidents or suspicions of abuse to State and / or local authorities. A study reported that 21 percent of physical injuries are consistent with abuse are not reported by health care professionals. There may be an increase in the incidents of child abuse due to the bad economy. Parents, often times stressed by the job market or mounting bills, will take out their stress on their children. Health care professionals including doctors need to be aware and trained as necessary on the signs and symptoms of abuse. It is also important for health care professional to know where and how to report incidents of abuse. See Reporting of Abuse by Health Care Professionals - Need for Better Reporting.

In Duval County, Florida, a criminal sentence was issued to Robert Allan Cowan. Mr. Cowan, age 50, was sentenced to a prison term of 140 years. Yes, that's correct, a 140 year prison term. Mr Cowan was convicted in Federal Court of having child pornography on his computer and some of the photos including those that Cowan took of a 4 year old child. The Florida Times Union reported that authorities found hundreds of photos and images of child pornography on his computer. There were even videos of children being raped. There are other charges pending against Cowan.

While the acts of Cowan are heinous enough on their own, they are even worse in light of the fact that Cowan previously worked as a Duval County School District guidance counsel and as a Nassau County School District principal. It is clear that Cowan is a person that should not have been allowed near children yet he chose a career in which he was surrounded by children on a daily basis. See Prison Term Issued to Former Guidance Counsel and Principal.

It is most unfortunate when a child is abused, neglected, or otherwise injured by the fault or negligence of another person or institution. In Florida, children have rights that should be enforced when these incidents take place. In some instances, there is a criminal prosecution. In some instances, there is a civil lawsuit filed. Sometimes both. When a child suffers a personal injury, there are often times many issues and challenges facing the injured child and the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. You can receive a free book at The ABCs of Child Injury.

For years, the FAMU Marching Band enjoyed a reputation of performances filled with precision and wonderful music. Unfortunately, the famed FAMU Band Program is now getting press and publicity for something quite different - hazing. Since the death of Robert Champion, students, former students, and parents have stepped forward to recount incidents of hazing that resulted in both physical and emotional pain and suffering for the college student. Any form of hazing is unacceptable. In many instances, hazing is steeped in tradition, but, history and tradition do not justify abuse, neglect, and related harmful acts. See Hazing Reports and Incidents at FAMU.

When a child is injured due to abuse, neglect or hazing at a college, university, high school, middle school, elementary school, sports program, or day care center, it can and does cause long term problems for the child. It is also quite stressful for the parents trying their best to protect their children. Often times, school officials turned a blind eye to the bad conduct or otherwise fail to enforce policies and procedures in place to address and prevent acts of hazing.

In Orange County, Florida, a terrible crime was reported. Orange County Deputy Sheriff's reported that a 9 year old girl was raped by a 64 year old man at his Pine Hills apartment. The girl's family reported the rape to the sheriff's office who then proceeded to investigate the incident. The police report stated that the man (Maurice Smith) offered fruit to the girl and then invited the girl to his apartment. According to police, Mr. Smith admitted to the incident and to knowing the girl's age. Mr. Smith was charged with sexual battery and kidnapping charges. Mr. Smith will be entitled to be represented by a Florida criminal defense attorney or a Florida Assistant Public Defender.

The assault and attack on a little girl is certainly a heinous act that can and does result in serious criminal penalties and sentences. See Rape of 9 Year Old Girl Reported at Pine Hills Apartment Complex.

Many incidents of sexual assault and battery on a child go unreported. In the above case, the girl told her brother who then told his parents. Unfortunately, there are many people out there who prey on and victimize children.

Following the death of drum major Robert Champion, additional reports and incidents of hazing by FAMU band members have been reported. The Florida A & M Marching 100 is well known for its performances and style. Unfortunately, the FAMU Marching Band is now getting notoriety for hazing. The Tallahassee Police Department is investigating a report of battery on Bria Shante Hunter - an 18 year old student. It was reported by Atlanta's WXIA-TV that Bria had suffered a fractured thigh bone and an injured knee. See Tallahassee Florida Police Investigate Another Case of Hazing.

Membership on teams and organizations like bands, football teams, clubs, and fraternities have formal requirements like grades, background checks, etc. . . There are also "informal" requirements that are built on tradition. These "informal" requirements often times come in the form of ritualistic and systematic acts of hazing. Whether the acts of hazing come in the form of humiliation, binge drinking, physical abuse, isolation or anything else - hazing can be and is harmful to the victim. Just because something is a "tradition" of sorts does not make it right. With respect to the FAMU Marching 100, it will be interesting to see the reports of hazing that come to light in the wake of the death of Robert Champion. Policies against hazing are one thing; however, policies without consistent enforcement and oversight are worthless.

In Florida, suing a public entity like FAMU is not so simple. FAMU and other governmental entities are entitled to the protection of Florida Statutes applicable to Sovereign Immunity. Sovereign Immunity applies to government agencies including public schools and colleges. A public entity in the State of Florida can be sued and help accountable for acts of negligence and carelessness; however, any such claims and lawsuits are subject to certain notice requirements and limitations on damages as set forth in the Florida Statutes - namely Section 768.28, Florida Statutes.

The Florida A & M University may be facing a lawsuit in the future once the 6 month notice period runs. The family and its attorney alleges that the death of a band member (Robert Champion) was caused by the negligence of the school and its officials for allowing an environment of hazing to take place. An autopsy has been performed but, according to news reports to date, the autopsy results have been inconclusive. Time will tell how this legal case will be concluded. Will there be a settlement for the wrongful death of Robert Champion? Will there be a trial? What proof will be required on a case of this nature? What evidence will be obtained? Who will testify? What did the officials and band employees know about acts of Hazing? What was the exact timeline of Robert Champion's illness and ultimate death? Was the death preventable? These are all important issues and questions for a case of this nature. See FAMU Culture of Hazing - FAMU Will Be Sued for Hazing.

In Volusia County, Florida, law enforcement officials were able to locate a missing 1 year old girl - Lupita Gonzalez. The vulnerable little girl was located under a bush in a field according to the Volusia County Sheriff's Office. She appeared to be fine but was sent to the hospital to get a medical examination due the fact that she was out in the elements for hours. Lupita's mother and a man were arrested by law enforcement officials. The man faced charges of child abuse and kidnapping. Both the mother and the man will be entitled to representation by a Florida criminal defense attorney or the services of the Public Defender's Office. Fortunately, the child was found in time in which no serious personal injuries resulted from the incident.

When supervising a young child, it is vital that supervision is consistent. It is well known that alcohol and drugs impair the senses. As such, all caregivers in charge of a child should avoid being under the impairment of drugs and alcohol. Furthermore, parties that involve loud music, alcohol, and crowds are not ideal placed for children.

See 1 Year Old Child Found in Volusia County, Florida.

In Florida and other States, hazing related acts can be considered crimes punishable by fines and imprisonment. Hazing can lead to serious personal injuries and, in some instances, death. Unfortunately, for some teams and band programs at high schools and colleges, hazing is seen as a tradition or a rite of passage. There is certainly no justification or excuse whatsoever for hazing acts even if there is a tradition or history behind the acts. Florida A & M University is a college located in Tallahassee (Leon County) Florida. The Florida A & M Rattlers are well know for the Marching 100 Band Program. It is a great acomplishment to be selected to this band program and to be part of the magic of the band's performances. Recently, Robert Champion, age 26, became ill and died. Robert was a band major with the Florida A & M Band Program. The death of this band member may have been related to hazing related activities. See FAMU Band Leader Drummed Out in Wake of Hazing Related Incident.

The administrators and band directors and assistants at FAMU had a duty to supervise the program in a way that provided a safe environment for the band members. Hazing activities are often well known to current and past band members and their parents. It is also well known in many instances to the very officials and administrators running the program. Hazing is hazing. Some people may be inclined to refer to hazing as horse-play, fooling around, kids being kids, etc Again, it should be pointed out that hazing is hazing. Plain and Simple! This is especially true when children and college students are put at risks of humiliation, mental suffering, physical personal injuries, and, sadly, in some instances death.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on School Injuries, Damages / Compensations, Medical Bills / Medical Treatment, and other issues. A parent or other interested person can receive this Free Book at Free Personal Injury Resource Book for Parents.

In Jacksonville, Florida and other cities in Florida, teens are at risks for serious personal injuries when they go out, are at parties, and, yes when they date. The Duval County School System is following a new State of Florida mandate that requires school districts to inform and educate teens about what is safe and healthy dating habits and relationships. Some critics of this State mandate state that it takes time and money away from other more basic academic tasks of a school system. Others believe that the education and information are vital to the safety of teens. Unfortunately, many Florida teens are victims of dating violence. While it is unrealistic to believe that all violence can be eliminated, education and information hopefully will result in the prevention or reduction of dating violence. The physical and / or emotional injuries from dating violence can last a lifetime. See Duval Schools Work to Educate Teens About Safe Dating.

In Gainesville, Florida, a teen was sentenced to 15 years in prison for aggravated child abuse. Michael Devante Williams, age 19, was arrested earlier in the year for beating the 18 month old child of his girlfriend. The toddler suffered a bruised lung, a bruised heart, and a fractured rib. Mr. Williams had stated that he wanted someone else to feel some pain. Mr. Williams pled guilty to the criminal charges. The criminal charges could have resulted in a 30 year prison sentence.

Children should not be subjected to abuse, physical violence, neglect or corporal punishment. A child should be nurtured and cared for rather than beaten and put at risk for serious bodily harm and even death. You can read more about this story at Gainesville, Florida Teen Gets Prison Sentence for Beating Gainesville Toddler.

In the Tampa Bay area of Florida, it was recently reported that an baby (9 months old) died while following serious personal injuries that the child received from being repeatedly dropped on a tiled floor. Criminal charges will be pursued for the death of this child against the babysitter - Joseph Kenneth Oliver, Jr. It was reported that Mr. Oliver dropped the baby on the floor out of frustration when the child was crying. Under Florida law, Mr. Oliver will be able to defend himself against the charges through the services of a Florida criminal defense attorney or the services of the Public Defender's Office. If the admissions as reported as admissible in the criminal case, it will be a tough case to defend against the criminal charges. See Baby Dropped On Tile Dies from Injuries - Criminal Prosecution of Babysitter.

It is quite tragic that a child died at such a young age. All caregivers including parents, babysitters, teachers, day care providers, grandparents, and others should realize that infants and children cry. It is a fact of life. The best way to handle a crying child is to remain calm and think through your actions. Never strike an infant or cause bodily harm to an infant for any reason. Whether the child is a perfect angel or cries all night, corporal punishment / physical violence is never ever the answer.

Some adults, caregivers, babysitters, teachers, and so called "mentors" have specific theories and philosophies of child discipline. In order to teach a lesson to a child, many adults go too far and cross the line form moral to immoral and from legal to illegal. Some have firm beliefs of their child rearing, child discipline, and / or corporal punishment of a child. In this modern age, some even posts acts that are criminal or abusive in nature on the Internet and www.youtube.com Many people do not realize that such videos can serve as the prime evidence of a crime that can be prosecuted by the police and State Attorney's office. In Orlando, Florida, one such video caught the attention of many viewers and, yes, law enforcement. See Child Punishmen Video Leads to Arrest.

When dealing with children, it is certainly no accomplishment or feat to humiliate a child. Hazing and corporal punishment amount to abuse and should be prosecuted when a child is harmed. Excessive and abusive behavior is just than no matter the reason, purpose, or the perpetrator.

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?

Howard Scott Kalin of Baltimore County, Maryland was arrested on charges of seeking sex from a minor. Kalin, an attorney and balloon magician was arrested outside of Orlando in Lake County Florida for attempting to solicit sex from a 14 year old child via the internet. According the the Lake County Sheriff's cybercrime division, the 47 year old man was attempting to make contact with a 14 year old male, but instead was in contact with a member of the sheriffs department posing as a minor. Kalin signed a plea agreement and could face up to 10 years in prison.

Children who have access to computers should be educated by their parents regarding cyber-saftey. Parents should monitor and be aware of how and when their children use the internet. Cybercrimes against children are on the rise. For more information on Magician Agrees to Criminal Plea Agreement in Lake County, Florida.

Unfortunately and tragically, not all child molesters and abusers are caught in an attempt to solicit or have sex with a child. The Internet is just another venue that child molesters and abusers are using to attempt to lure children into danger and abuse.

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.

The Florida Department of Children and Families conducted a study of over 200 child deaths in Southwest Florida dating back to 1997. Upon gathering and studying the statistics, Florida DCF determined that most of those deaths were preventable. The study concluded that since 1997, 83 percent of child deaths were caused by neglect with the top killers being child drowning and unsafe sleeping habits. The remaining deaths were linked to child abuse.

While studies like this can be informative and useful in the future, it is upsetting to know that so many deaths could have been easily avoided with just a few extra precautionary steps. While there may be many reasons or factors that lead to child abuse, there is never a good cause to abuse or neglect a child. Factors that may increase the incidents of child abuse include stress, loss of a job, poor parenting skills, and substance use or abuse.

If a person has a suspicion that a child is being abused or neglected by a parent, babysitter, day care center, teacher, relative, or other person, it should be reported to the Florida Department of Children and Families Abuse Hotline.

Pursuant to Section 39.201, Florida Statutes, any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the Florida Department of Children and Families.

For more on this story, see Most Southwest Florida Investigated Child Deaths Preventable.