June 27, 2009

Sexual Predator Caught in Putnam County, Florida

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In Georgia, Florida, and other states, law enforcement and correction officials utilize electronic monitoring bracelets to track the whereabouts and movements of sexual offenders and predators. When a registered sexual predator / offender removes his or her monitoring device, this is a violation of probation which will result in the issuance and execution of an arrest warrant, In Putnam County, Florida, a convicted sexual predator, Paul Robert Hickok, age 28, was arrested after days of being on the run. Mr. Hickok removed his monitoring device and threw it out a car window near Waycross, Georgia. Mr. Hickok's criminal history includes a conviction on 11 counts of lewd and lascivious assault on a child under the age of 16 years old. You can read more about this story at Sexual Predator Arrested in Putnam County, Florida.

June 26, 2009

Martin County, Florida Deputies Help Convict Jacksonville, Florida Man on Child Pornographic Charges

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Another criminal has been put behind bars in Florida for possession of child pornography. Clifford Anderson Duncan, age 31, was recently sentenced to five years in federal prison. Mr. Duncan was also ordered to forfeit his computer and to register as a sex offender under Florida and federal laws upon release from prison. Mr. Duncan had numerous child pornography images and videos on his computer. Some materials showed sadistic treatment of children in the images. Investigators in Martin County and Duval County helped secure this conviction through Project Safe Childhood. You can read more about this story at Man Sentenced to Five Years for Possessing Child Pornography on his Computer.

June 25, 2009

One Year Old (Bernard Davis) Dies After Being Left in Pickup Truck - Caregiver (Shantel Wilcher) Charged

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Florida's hot summers can be very dangerous to children especially those children left in hot cars. In Jacksonville, Florida, a 1 year old (Bernard Davis) was under the care of a babysitter, Shantel Wilcher, who left Bernard Davis in a hot car for 2 hours or possibly longer. Once she realized that she left the boy in the car, she went to the car and brought Bernard into the house. Thereafter, she performed CPR and Fire Rescue was called. Police report that Ms. Wilcher and others may have provided false information regarding the investigation. According to news reports, Ms. Wilcher was operating a non-licensed day care center.

This tragic story illustrates the importances of standards and licensing for day care centers. While hyperthermia deaths also have happened with licensed day care operators, the lack of licensing shows a day care center's attempt to cut corners as to the licensing, staffing, facilities, and overall standards. Most day care centers have rules and procedures for travel outside the day care center and require a checklist and other quality assurance measures to prevent these type of incidents from taking place.

You can read more about this story at 1 Year Old Child Left in Truck Dies - Caregiver Charged.

June 20, 2009

Group at Putnam County Boy Scout Camp Accused of Kidnapping and Forcing

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In Putnam County, Florida, one adult and three teenage boys have been charged with the kidnapping of a 12 year old boy. The incident took place at a boy scout camp where the criminal suspects held the 12 year old against his will. During the false and improper imprisonment of the child, the suspects forced the boy to drink urine. The suspects arrested were: Joseph W. Reid (age 21), Harris G. Reid (age 16), Nicholas A. Larsen (age 16), and Kyler Brower (age 15).

Undoubtedly, the 12 year old will be affected by these traumatic events for quite some time and possibly the rest of his life. You can read more about this story at Group at Putnam County Florida Boy Scout Camp Arrested.

June 13, 2009

Orlando, Florida Man Arrested for Pimping Teen through Craigslist

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My Space and Craiglist were two sites used by a Florida man (Christopher Tyrone Young) to befriend a 17 year old girl and then advertise her for prostitution services. News reports indicate that Young knew the age of the 17 year old. He purchased a Greyhound bus ticket for the girl and made all kinds of promises to the girl. Once she arrived in Las Vegas, Young peddled her for prostitution services on the Craigslist website. Christopher Tyrone Young is a sexual and child predator and should be prosecuted to the full extent of the law. He knew what he was doing and acted with careless disregard as to the health, safety, and welfare of this teen.

You can read more about this story at Orlando Man Arrested for Prostituting Teen on Craigslist.

June 10, 2009

Ocoee Man Sexually Abused Over 5 Year Time Period - (Donald Taylor Arrested)

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An Ocoee man has been arrested in Orange County, Florida for sexually abusing two teenage girls. Donald Taylor, age 34, has been accused of abusing two girls over a five year period according to a news story reported in the Orlando Sentinel.

In Florida and other states, some molestation criminal and civil cases involve a one time act. Others involve acts over a period of time. Molesting a child one time is one time too many. Molesting a child over a long period of time like 5 years is truly unconscionable and, if true, should result in a much longer prison sentence for the criminal defendant.

Victimizing a child can have long reaching and permanent psychological effects on a child. As such, prosecutors should seek the maximum prison terms for criminals of this nature. You can read more about this story at - Police - Ocoee Man Accused of Molesting Girls Over a 5 Year Period.

June 9, 2009

Child Pornography Crackdown: Coordinated Law Enforcement Agency Efforts Lead to 77 Arrests in Florida

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Governor Charlie Crist stated that 77 people have been arrested as part of a coordinated law enforcement effort to crackdown on child pornography offenders. The 10 week operation was called "Operation Orange Tree". The ages of the criminal suspects ranged from 17 years old to 83 years old. This shows that criminals who partake in child pornography can range from the very young to the very old. Some of the arrests lead to action by the Florida Department of Children and Families removing children from homes. Over twenty law enforcement agencies participated in this sweep. You can read more about these arrests at Florida Crackdowns on Child Pornography - 77 Criminal Suspects Arrested.

June 1, 2009

Florida Problem - Female Teachers Having Sex with Students

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In Florida, there have been a number of reported incidents of female teachers have sex with underaged male students. No matter your personal views of these incidents, they are still crimes that should be prosecuted. Teachers are put in a position of trust. Teachers are in place to educate our children - not to have sex with them. Reported and publicized Florida incidents include:

*32 year old teacher (Maria Guzman Hernandez) at Our Lady of Charity School in Hialeah, Florida, who had sexual intercourse with a 15 year old student;

*34 year old Jacksonville, Florida public high school teacher who had sexual intercourse with a 14 year old student;

*32 year old St. Petersburg, Florida teacher who sexted nude photographs of herself to an 8th grade student; and

*45 year old South Daytona, Florida teacher who had sexual intercourse with a student in Daytona Beach area hotels.

Florida is getting headlines but the problem with inappropriate sexual relationships and acts between teachers and students is a problem across the nation. Teachers abuse their positions of trust and selfishly prey on their students. You can read more about these issues at Teacher Sex with Students Incidents and Studies.

May 27, 2009

Imam at Tampa Mosque Charged with Sexual Battery of 13 Year Old Boy

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In Tampa, Florida, a Imam has been charged with sexual battery on a child. A 13 year old boy accused the religious leader of the attack and molestation. Police interviewed the boy and his family at Tampa General Hospital and thereafter arrested Yasser Mohmed Shahade for the alleged crime. The Imam will be entitled to the services of a public defender or, in the alternative, can hire a private attorney to defend him in this action. Initial news reports did not contain the details or the evidence involved with this crime. It would be interesting to find out the following details:

Were there any other witnesses to the incident?

How exactly did the Imam sexually assault or attack the 13 year old boy?

Did the Imam commit any similar acts in the past?

Were there any video cameras or surveillance cameras at the mosque that would either help defend the Imam or lend support to the boy's allegations?

What forensic evidence exist as to the alleged assault?

What type of physical examination was performed at the hospital? What were the findings?

Is the mosque going to perform its own investigation as to these actions?

What is the position or explanation of the Imam as to the allegations made by the boy?

These and other issues would be important know in considering the strengths and weaknesses of each party to this matter. While the acts of one religious leader do not speak for the acts of all, the allegations involved with this story are serious and should be fully investigated. You can read more about this story at Imam From Tampa Mosque Charged with Sexual Battery on 13 Year Old Boy.


May 25, 2009

Kaydin Matheisen's Story - Surviving Child Abuse and Brain Injury

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In Florida and other states, parents and children are living with the aftermath of child abuse on a daily basis. In Lee County, Florida, Kaydin Matheisen is one example of a child who was abused and now has serious ongoing medical problems. Kaydin was the victim of the abuse of his father's girlfriend - Rosemary Kunz. Florida detectives blame her for the brain injury and subsequent medical problems. You can read about Kaydin's medical journey and his parents hope for his future at Kaydin's Story - Surviving Brutal Child Abuse.

May 19, 2009

Mother Whose Child Drowned in Bathtub Faced Criminal Charges in Volusia County Florida

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A Volusia County mother (Crystal Giachetti) is being charged with aggravated manslaughter for the drowning death of her son, Trenton Giachetti, who died on April 6. The medical examiner had previously determined that the death of the baby was an accident. Witnesses heard Crystal Giachetti comment prior to the death of her child that she "felt like putting the baby in the tub, turning on the water and leaving". Apparently, Crystal Giachetti had left in baby in the tub on prior occasions. Finally on April 6 - the baby, while left unattended in the tub, drowned and died. Crystal Giachetti will be entitled to a public defender or, in the alternative, can hire a private criminal defense attorney. I suspect that the defense will be that the chid died as a result of an accidental drowning and that there was nothing intentional on the part of the mother as to the child's drowning death. Whether the child died from simple negligence or criminal neglect or intentional acts, a child's life is lost as a result of a mother who failed this child. You can read more about this story at Mother Charged for Bath Tub Drowning Death of Child in Volusia County, Florida.


May 18, 2009

Former Florida Official Gets Prison Term of 24 Years for Child Pornography

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A former official with the Florida Department of Children and Families has been sentenced to 24 years in prison for child pornography. Al Zimmerman formerly worked for the agency that was charged or responsible for protecting Florida children. In fact, Mr. Zimmerman was the spokesperson for this agency. It is truly sad that a man put in this position of trust and responsibility would be accused, arrested, and convicted of child pornography charges for having and paying for nude photographs of boys. One of the boys was even under the care of the Department of Children and Families. Mr. Zimmerman pleaded guilty to these charges. Mr. Zimmerman was hired into the wrong position. His arrest and conviction truly was a public relations nightmare for the Department of Children and Families. You can read more about this story at Former Official with the Florida Department of Children and Families Sentenced to Prison Term.

May 17, 2009

Four Middle School Students Face Felony Charges After Sexual Assault of 13 Year Old Boy

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Hazing and sexual assaults continue to take place in schools across the nation including in Tampa, Florida. Recently, four middle school students were accused of felony assault charges. A 13 year old boy has accused these middle school students of assaulting him with a broomstick and a hockey stick. Why middle school students would deem this to be sport or proper treatment of another person is beyond comprehension? There is no mistaking the hazing, assaulting, or abuse for anything else. These acts, if true, are criminal and should be punished through a criminal conviction and prison time even if the perpetrators were middle school students. The incident happened at Walker Middle School in Tampa, Florida. You can read more about this story at Middle School Student in Tampa, Florida Assaulted by Four Middle School Students.

May 14, 2009

Greek Orthodox Archdiosese Settles Jacksonville, Florida Sexual Assault Lawsuit

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In Jacksonville, Florida and other cities, churches should be a safe haven for children. A place that children can learn, grow, and pray in safety and comfort. Churches should not be the site of sexual abuse and assaults, but, unfortunately, over the years, many churches have been the site of unspoken horrors and disturbing incidents. The Greek Orthodox Archdiocese recently settled a lawsuit for a confidential amount. The lawsuit was brought by a man, who is now 23 years old, and his family. The Very Rev. Nicholas T. Graff was accused of sexual assault. Graff was so infatuated with the boy that he even offered to adopt the child. Many years later, Graff was suspended from all of his church duties. The church was sued due to its alleged negligent assignment and supervision of Graff who was subject to prior abuse allgations. You can read more about this story at Greek Orthodox Church Settles Lawsuit.

May 10, 2009

Baby Dies After Being Thrown from a Car in Tampa, Florida

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Tampa, Florida was the site of a heinous crime recently. A 21 year old man, Richard A. McTear, Jr., is being charged with first degree murder. During a fight with an ex girlfriend, McTear threw her 3 month son from his car out onto Interstate 275 in an area north of Downtown Tampa. McTear had previously beaten the girlfriend and the child at an apartment complex. A news photographer (Jason Bird) for WTVT-TV in Tampa, Florida located the body off of the expressway.

There was a history of domestic violence between McTear and the former girlfriend. This is truly a tragic end of life for an innocent 3 month old child.

Children should be kept out of domestic fights and domestic violence This incident shows the true danger of domestic violence to even the youngest of children.

You can read more about this story at 3 Month Old Tampa Child Beaten and Found Off of Interstate 295 in Tampa, Florida.

May 5, 2009

Chiefland Man (Robert Wayne Thomas) Arrested for Sex Crimes Against Children

alcohol%20vodka%20bottles.jpg In Florida and other States, parents and children should be very weary about men or women for that matter who throw parties and serve alcohol to children. Odds are, these adults are up to no good. In Chiefland, Florida, Robert Wayne Thomas was arrested on two counts of lewd and lascivious conduct on a minor. Levy County Investigators are conducting further interviews to determine if Mr. Thomas committed any other crimes. Mr. Thomas threw parties for minors, served them alcohol, and had the children play games. He would even have the children in his bed. Mr. Thomas took a particular liking to one girl who was only 13 years old. Mr. Thomas expressed a desire to marry this child. The acts of Mr. Thomas were discovered when he kept in contact with the 13 year old target of his affections. He reportedly called her and sent her text messages on a daily basis. Anyone with information about the case or who suspects their child may have also been a victim is asked to call the Levy County (Florida) Sheriff's Office at 352-486-5111. You can read more about this story at Chiefland Man Arrested for Sex Crimes Against Children.
May 4, 2009

More Timely Treatment for Abused 4 Year Old in Trenton, Florida Would Have Saved Her Life

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In Florida, mothers and fathers are legally and morally responsible for the health, safety, and welfare of their child. It is quite sad when a young child loses his or her life when the child is abused or neglected by a parent. In Trenton, Florida. Kristina Hepp, a 4 year old girl, died as a result of both child abuse and child neglect. An autopsy and investigation by Dr. Martha Burt, Medical Examiner, concluded that Kristina's life could have been saved with more timely medical treatment.

Matthew Roland, age 23, was arrested and charged with aggravated child abuse and aggravated manslaughter of a child. Roland told investigations that he got into an argument with the child and spanked her. He also admitted to hitting the child with a belt.

Of course, Mr. Roland will be entitled to a legal defense on this case. Newspapers and web sites only include portions of the facts and information. It is difficult to detail all of the facts of a particular legal case in a newspaper article. The criminal case will not only depend on the harm done to the child but the apparent knowledge and actions of Mr. Roland. Did he inflict the injuries to the child that led to her death? Was Mr. Roland aware or should he have been aware of how seriously injured the child was? What were the particular injuries externally and internally by the child?

No matter the outcome of the criminal case - a young innocent 4 year old child died.

You can read more details about this tragic death and resulting investigation at More Timely Medical Treatment Could Have Saved Child's Life.


April 30, 2009

Man Arrested After Belting Defiant Child in Jacksonville Florida

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In Jacksonville, Florida and other cities, there are defiant children. While it can be quite difficult and trying for parents, restraint and good judgment must be used when dealing with defiant children. Of course, a parent or adult can use or resort to self defense when dealing with a child who is attacking you; however, force should not be used in anger or to "teach a child a lesson". Derrick Richards faced a defiant child recently when he was asked for ice cream money from a child. Mr. Richards told the boy that he was not going to give the boy ice cream money. The boy got upset and started tugging on Mr. Richards' pockets. Then the child kicked Mr. Richards and even threw a rock at Mr. Richards that hit Mr. Richards in the back of the head. Mr. Richards threatened to "whoop the butt" of the defiant child and Mr. Richards carried through on such a threat by pulling off his belt and hitting the boy several times. While I agree that the child was quite defiant and assaulted Mr. Richards with a rock, it appears that Mr. Richards committed a crime by belting the child. Mr. Richards argued to police that Mr. Richards had to defend himself. There were no marks left on the child's body. There were two witnesses to the incident. Based on these facts, Mr. Richards was arrested. While it does appear that the child started the problems, Mr. Richards should have shown greater restraint by keeping his belt on him. Mr. Richards may have been able to just simply walk away. He could have called the police for assistance. Of course, Mr. Richards will be entitled to the services of a criminal defense attorney and / or the public defender. While the actions of the child should not ignored, neither should the bad acts of Mr. Richards.

You can read more about this story at Man Arrested for Belting Defiant Child in Jacksonville, Florida.

April 26, 2009

St. Johns County Man (Phillip Clark Sprengeler) Charged with Battery on a Victim Under 16

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St. Johns County Sheriff's Office arrested and booked Phillip Sprengeler, age 24. He was charged with lewd and lascivious battery on a victim under the age of 16. The father of the minor came home to find Mr. Sprengeler in bed with the man's daughter. According to the Special Victims Office, Mr. Sprengeler later admitted the allegations / accusations and then arrested. The victim was transported to the Child Protection Team in Jacksonville, Florida for a forensic examination and an interview. The father was helping out Mr. Sprengeler by giving him a place to stay. Unfortunately, Mr. Sprengeler took advantage of this helping hand by molesting the teenage daughter. Mr. Sprengeler, while entitled to a legal defense on this matter, will face an uphill battle to avoid prison time on this type of crime.

You can read more about this story at St. Johns Man Arrested After Being Found in Bed with a Teenage Girl.

April 25, 2009

Middle School Teacher Charged with Having Sex with a Minor

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A middle school teacher with the Duval County School System has been accused of having sex with a 14 year old student. Jennifer Marie Collier taught science at the James Weldon Middle School. After a recent school field trip, Ms. Collier agreed to take one of the students home. Instead of taking the student directly home, the teacher allegedly took the student to a Wal Mart shopping center parking lot for sex. The student later told police that he had several sexual encounters with the teacher and showed investigators e mails as proof of the relationship. When approached by police on this matter, the teacher only confirmed that she knew the student. The teacher was arrested and denied bond. She faces charges that include felonies.

You can read more about this story at Middle School Teacher Arrested for Allegations of Sex with a Student.


April 21, 2009

Jacksonville, Florida and North Florida Child Deaths on the Rise During Bad Economy

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The Child Protection Team (CPT) and the Florida Department of Children and Families investigate abuse cases in Jacksonville (Duval County), Florida and the surrounding North Florida area. Randall Alexander, a pediatrician in Jacksonville, Florida and the statewide director of the Child Protection Team, states that unemployment causes more adults to be at home which in turn increases the chances of abuse. Of course, this is a broad simplistic statement and theory that would be difficult to prove. Statistics are statistics though. The number of cases investigated by CPT increased 30 % from 2007 to 2008. CPT is mandated by Florida law to evaluate children who has suffered a head or neck injury, burns / fractures, and unexplained or suspicious bruises to children under the age of 5. CPT also is involved with matters involving sexual abuse, malnutrition / dehydration, medical neglect, and sexually transmitted diseases (STDs) found in prepubescent children.

The economy can be blamed for many of the woes in our State and nation for that matter. Yes, financial stresses and job loss can lead to violence to children and neglect of children. However, it should be noted that wealthy and affluent parents and caregivers also abuse and neglect children.

You can read more about the statistics and incidents of child abuse and neglect in the Florida Times Union newspaper article - Florida Child Deaths Rise in Poor Economy.

April 8, 2009

Polk County Man (Michael Joseph Reid, Jr.) Charged and Arrested for Death of 4 Month Old Boy (Jeremiah Shaneyfelt)

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In Kissimmee, Florida, Osceola County Sheriff deputies and Osceola Fire Rescue responded to a mobile home where a 4 month old infant (Jeremiah Shaneyfelt) was found to be unresponsive. The child later died a local hospital. Deputies arrested Michael Joseph Reid, Jr. (age 27) for child abuse. Apparently, Mr. Reid had been out on bond from a previous child abuse charge / arrest.

The medical examiner will conduct an autopsy to determine cause and manner of death. In addition, the Osceola Sheriff's office, the Department of Children and Families and other agencies will conduct an investigation into the most unfortunate and tragic death of this child.

You can read more about this story at Man Charged with Infant's Murder in Kissimmee Florida.

April 7, 2009

Are Autistic Children At Greater Risk for Child Abuse, Neglect, and Negligence Leading to Personal Injuries?

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The Florida Times Union (Jacksonville, Florida) newspaper recently published an article titled Are Autistic Children at Greater Risk for Child Abuse? Autistic children frequently have problems communicating. This, in turn, makes it difficult at times to identify abuse that is inflicted by teachers, caregivers, other children, relatives, and, yes, at times parents. A study conducted by the University of Pennsylvania showed that approximately 1 in 5 autistic children were abused from the sample population studied of 156 autistic children.

Recently, a Jacksonville, Florida teacher (Rhona Milton) was arrested for trying to toilet train an autistic student in the classroom. Ms. Milton's methods included tying the student to a chair for several hours at at time at Kernan Trail Elementary School which is in the Duval County School District.

As a Florida child injury attorney, I know that it is often challenging to prove that an autistic child or a special needs child has, in fact, been abused. Without a child to tell the story, there are challenges to proving up the facts on cases of this nature. Nonetheless, investigations by an attorney, private investigator, and / or the Department of Children and Families and other agencies can often times yield valuable information and proof to bring a case forward for personal injuries and related damages to the autistic / special needs child.

April 5, 2009

Florida Day Care Accident and Incident Forms and the "Rest of the Story"

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Florida day care and child care programs have a duty to report incidents / accidents resulting in injury that required medical attention on Incident / Accident Form. The Florida Department of Children and Families has a Sample Incident / Accident Report posted to its official website. I have reviewed numerous Incident / Accident Reports involving personal injuries sustained by children in a day care / child care center in Florida. Some facilities are more detailed and accurate in completing these forms than other facilities. Some day care / child care providers even have gone as far as falsifying information and "facts" in these reports to intentionally mislead parents and the Department of Children and Families. Some facilities ask that a parent sign off on the Accident / Incident Report. A parent can sign off on the form as an acknowledge of receipt of the document rather than an acknowledgement or agreement with the facts as presented. Parents should ask for a copy of the Accident / Incident Report and any other information / documentation regarding the child's personal injuries.

The Accident / Incident Report is only one piece of the puzzle or investigation into the cause, reason, and preventability of the personal injuries in the day care setting. Of course, a parent should question whether the Accident / Incident Report is accurate especially since it may have been written by a person who may have negligently or intentionally caused harm to the child.

A concerned parent should act as an advocate of his or her child by finding out as much information as possible, contacting a Florida child injury attorney / lawyer, and, when necessary, contacting law enforcement and / or the Florida Department of Children and Families to further investigate the incident and resulting injuries.

April 4, 2009

University of Florida (Gainesville) Suspended for Hazing Pledges (Sigma Lambda Gamma)

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The Sigma Lambda Gamma Sorority chapter at the University of Florida has been suspended for hazing violations. Pledges were required to follow a list of 37 rules imposed by initiated sisters of the sorority. The 37 rules included physical activity requirements like push ups and running. Furthermore, there were rules and restrictions as to eating, make up, and how to get to classes. Pledges were not allowed to use campus elevators. New reports indicate that one pledge got sick in the process. Many may think that this is all part of the initiation process and nobody was seriously injured. This is really short sighted thinking. It is well known that hazing has caused wrongful death and serious personal injuries to college students throughout the nation. Furthermore, there is a psychological toll to pledges or recruits from hazing. The immaturity of some college students is readily apparent when hazing incidents are publicized.

The University of Florida bans physical brutality and any other activity that could adversely affect the mental health or dignity of a student. You can read more about the suspension of the Sigma Lambda Gamma Sorority at University of Florida Sorority Suspended for Hazing Violations.

March 29, 2009

Jacksonville Florida School Employee (John Watson - ROTC Instructor) Arrested for Child Pornography

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A Jacksonville (Duval County), Florida school employee has been arrested for possession of child pornography. Florida Attorney General Bill McCollum and the Duval County School Board reported that John Watson, age 61, was arrested as part of an investigation called "Operation Fairplay". Watson was a ROTC Instructor at Ribbault High School in Jacksonville, Florida. The investigation was conducted through a coordinated effort by the Jacksonville Sheriff's Office, the Federal Bureau of Investigation, and Florida Attorney General's Cybercrime Unit. Watson's computer was seized as part of the arrest and investigation. It was reported that Watson had photographs / images of 12 to 14 year old girls on his computer.

You can read more about this story at Jacksonville Florida ROTC Instructor Arrested for Child Pornography.

March 20, 2009

Child Abuse Allegations Made Against Employee at Crawfordville Elementary School for Injuries Caused by Paddling

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In Florida, some school districts still allow paddling. Personally, I do not support the use of paddling in the school system as I believe it is a short sighted and often times misused means of discipline. In Wakulla County, Florida, the Wakulla County Sheriff's Office is investigating allegations of child abuse against an employee of the Crawfordville Elementary School. The parent of an 11 year old child reported the abuse to officials. The parent thought that the paddling was excessive. Corporal punishment, while allowed, can also be a crime if it results in physical injuries as defined by Section 39.01, Florida. You can read more about this statute and my commentary at Corporal Punishment In Florida - What Is Considered Excessive? Florida Law.

You can read more about this story at Investigation as to Excessive Paddling to 11 Year Old at Crawfordville Elementary School.

March 16, 2009

Florida Department of Children Moves to Suspend License Jacksonville Florida Day Care Center Closed Down by the Jacksonville Sheriff's Office

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In Jacksonville, Florida, young children in a day care center at Victoria's Childcare on Victoria Street were at risk according to law enforcement officials. The Jacksonville Sheriff's Office Drug Abatement Response Team, otherwise known as DART, shut down the day care facility. DART is the team that is used to investigate and shut down areas where there is drug activity. According to the Florid Department of Children and Families (DCF), "child safety" is a priority especially when children are at risk due to drug / criminal activity. Apparently, the facility had repeated problems with deficiencies as to compliance with day care regulations and staff ratios.

You can read more about this story at Florida DCF Moves to Suspend License of Day Care Center at the Focus of Drug Investigation.

March 14, 2009

Liability Insurance Company Claims that Church Did Not Disclosure Prior Claims Against Jacksonville, Florid Pastor for Sexual Misconduct

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Reverend Darrell Gilyard was employed by the Shiloh Metropolitan Baptist Church. This church is being sued by a woman who said that Reverend Gilyard used his position of trust to have sex with her. Safeco Insurance provided a liability insurance policy for the church for negligent acts of the church administration and its employees. A lawsuit was filed for negligent hiring and supervision of Reverend Gilyard by church officials. Safeco is attempting to limit the amount it will be responsible to pay under the policy. Safeco is claiming that the church failed to disclose prior issues and misconduct of Revered Gilyard when the church completed its insurance application and disclosure.

You can read more about this story at Liability Insurance Company Claims that Insurance Coverage Is Limited for Lack of Disclosure of Jacksonville, Florida Pastor's Prior Claims and Sexual Misconduct.

March 3, 2009

Teens to Testify Against Suspected Pimp in Jacksonville Florida

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In Jacksonville, Florida, a federal criminal trial began recently against a man accused of bringing teen girls across State lines (Virginia to Florida) for acts of prostitution.

Marvin Leigh Madkins, age 29, is accused of transporting the teens to Jacksonville, Florida hotels for purposes of prostituting the teens to men who answered ads on the Internet. Mr. Madkins actually used the popular web site Craigs List to commit these crimes. During the time that Madkins was exploiting the teens, their parents in Virginia were searching for their children and begging for clues as to the whereabouts of the children.

Apparently, Madkins lured the teens to take a trip to Florida with him for a supposed drug deal and fancy vacation. Madkins concocted this business deal with only one thought in mind - his best interests and the exploitation and prostitution of these young girls.

While this is a very troubling story, it is yet another reason why parents should take every opportunity that they can to educate their children and warn their children about people like Madkins who are only out for themselves no matter who is harmed in the process.

You can read more about this story at Teens to Testify Against Suspected Pimp in Jacksonville, Florida.

February 14, 2009

Father Arrested in Bradenton, Florida for Allowing 8 Year Old to Drive

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Police in Bradenton, Florida arrested a man who let his 8 year old son drive a van. Mark A. Belanger handed the keys to his van to his 8 year old son after Belanger had taken some Xanax. The boy hit two trees and almost hit two pedestrians while driving in a parking lot. Belanger thought it was a good idea to allow his son to drive as a bonding moment between father and son. This so called "bonding moment" could have caused serious personal injuries to innocent children and adults in the parking lot. Belanger was arrested on charges of child abuse and permitting an unlicensed driver to drive his van.

You can read more about this story at Florida Dad Arrested for Allowing 8 Year Old to Drive.

February 8, 2009

11 Year Old Girl Abducted and Raped in Orlando - Investigation and Search for Suspects

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An 11 year old girl was abducted by two men and raped in Orange County, Orlando, Florida. The girl stepped off a City Lynx bus on her way to school and then was abducted by force by the two men. The incident happened early in the morning (6:40 a.m.) and Orange County Sheriff's Office detectives are conducting an investigation to locate the rapists. The men threatened the 11 year old with a knife as she walked along Lancaster and forced her into a vehicle. The men then covered her face so she could not see where she was being taken. After raping this innocent child, the men took her back to the location where she was abducted.

Detectives are working off of limited information at this time. There is a sketch that has been created by the police which is posted online. To read more about this story, go to the Orlando Sentinel - 11 Year Old Raped in Orlando, Florida - Investigation Continues. Hopefully, information will be obtained that will lead to the arrest and conviction of the rapists and some kind of justice for the rape victim and her family.

February 7, 2009

Florida Woman (Judith Leekin) Who Adopted and Abused Disabled Children Sentenced to 20 Years in Prison

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In Fort Pierce, Florida / Port St. Lucie Florida, Judith Leekin lived with disabled children that she adopted in New York. Ms. Leekin appeared to be more interested in the $1 million in subsidies and welfare that she received for the children rather than the education, safety and welfare of the children. Ms. Leekin was charged with aggravated child abuse for beating and handcuffing the children in a locked room. She did not adequately provide food for the children and frequently deprived the children of medical care and education. Ms. Leekin pled no contest to to the charges and was sentenced to a 20 year prison term.

The acts of Judith Leekin were truly heinous in that she preyed on disabled children while personally pocketing government funds to take care of her own needs rather than those of the children. You can read more about this story at Florida Woman Gets Prison Term After Pleading No Contest to Charges of Aggravated Abuse of Disabled Children.

January 23, 2009

Former State of Florida Spokesman Pleads Guilty to Production of Child Pornography

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A former State of Florida spokesman for the Florida Department of Children and Families recently pleaded guilty to charges of production of child poronography. Albert Andre Zimmerman worked for the Department of Children and Families, a Florida agency responsible for investigating allegations of child abuse and neglect. It is quite frightening that Mr. Zimmerman was a spokesman for the Department and also engaged in such illegal behavior. In particular, Mr. Zimmerman e mailed six teenage boys and persuaded them to engage in sexually explicit conduct and have the boys e mail the photographs to Mr. Zimmerman. Criminal defendant and felon Zimmerman now faces between 15 years and 30 years in prison.

You can read more about this story at Florida Statesman Pleads Guilty to Charge of Production of Child Pornography.

January 19, 2009

Toddler Left in Car in Longwood, Florida While Mother Parties

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The Orlando Sentinel and the Seminole County (Florida) Sheriff's Office report that a mother left her toddler in a car with the engine one while she went out to party. The car was left unattended and unlocked. Then, David Carver, age 36, allegedly stole the car with the child inside. The Seminole County Sheriff's Office issued an amber alert for the chile who is identified as Jamir Abduli Worgs. You can read more about this story at Seminole County Mother Leaves Child Unattended in Car While She Is Out Partying.

This story illustrates the type of parenting that takes place when a parent has an issue or problem with drugs or alcohol. Children need close supervision and attention. Drugs and alcohol, as well as immaturity and a lack of common sense, put children at danger due to poor judgment, poor decisions, and inattention on the part of a parent.

January 17, 2009

Car Chase From Police in Treasure Island Florida Leads to Child Abuse Charges

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Lamesha Nicole Ware was reported to lead police on a car chase for 5 minutes in Treasure Island Florida. She was arrested for driving 20 miles over the speed limit and for child abuse, fleeing and eluding and driving with a revoked license. She was place in the Pinellas County Jail with a $20,000 bond. It appears that Ms. Ware fled the police because she was had a revoked driver's license. Driving recklessly through the streets of any Florida city puts children in the vehicle at risk as well as children in other vehicles and children pedestrians. There have been many incidents where a police chase has led to serious personal injuries and even death. Drivers should pull over when required to by police. You can read more about the police chase and crimes of Lamesha Nicole Ware at Police Chase in Treasure Island Florida Leads to Arrest.

January 13, 2009

Parenting 101: Do Not Sell Your Children for Money, Beer, or Meat

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A father in Greenfield, California was recently charged with human trafficking for the sale of his 14 year old daughter for $16,000, 10 cases of beer, and several cases of meat. He lost a daughter but bought himself a party. This truly is no way to parent a 14 year old child or any child for that matter. Read this month's newsletter to find out more details of this bizarre and most unfortunate story at Parenting 101 - Do Not Sell Your Children for Beer, Money, and Meat - A True Story in California.

Children are priceless and should not be treated like the sale of a dog or piece of furniture. Clearly, Florida and all 50 States for that matter make the sale of a child for marriage, sex, or otherwise illegal.

January 13, 2009

Bonita Springs Man (Jan Willem Koks) Arrested for Cruelty to a Child (Fractured Leg) in Bonita Springs, Florida

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Jan Willem Koks, age 24, was arrested and jailed in Lee County (Bonita Springs) Florida recently with a charge of cruelty toward a child. According to the Lee County Sheriff's Office arrest report, the 2 month old child was taken to the hospital 17 hours after observation of a visible injury. When the parents were at the hospital, there was no explanation for how the injury occurred. A cold or flu can take place for unexplained reasons. Typically, there is a reason or explanation for a fractured leg on such a young child. The fracture to the right leg, bruising in the area of the fracture, delay in treatment, delay in reporting, and other factors led the hospital to report this matter to the police and led the police to an arrest. Under Florida law, Mr. Koks will have the right to an attorney and a trial if necessary. Hopefully, additional information will be obtained through the investigation that will help explain how this child was hurt. The Florida Department of Children and Families put the child into sheltered care pending the investigation. In many instances, the child will be placed in the care of extended family with orders in place as to no contact or supervised contact from the parents. You can read more about the story at 2 Month Old Shows Up at Lee County Hospital with Leg Fracture.

Unfortunately, children suffer personal injuries and even death in Florida schools, day care centers, neighbor's homes, playgrounds, malls, theme parks, and, yes, even there own homes every day. Injuries inflicted due to abuse, neglect, or negligence should be investigated by the police, Department of Children and Families, and / or a Florida Child Injury Lawyer. Children should be protected (not harmed) and given the best care and supervision by parents, family, caregivers, teachers, friends, and neighbors at all times.

January 7, 2009

Florida Teen Sexually Assaults / Rapes Girl in Special Needs Classroom at Kanapaha Middle School in Gainesville Florida - Is the Alachua County School Board Liable for Negligent Supervision?

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Special needs students in public schools have every right to be educated and supervised based on these special needs. Close and consistent supervision are key ingredients to the safety and welfare of these students. A tragic sexual assault took place at the Kanapaha Middle School in Gainesville, Florida. While a teacher stepped out of the classroom leaving no other teachers or school staff in place for supervision, a 14 year old special needs child was raped. In fact, one boy raped the girl while another held her down. These criminal acts took place while in the Alachua County School System during the school day during day light hours. Certainly, this reprehensible act of violence and abuse of the 14 year old girl would never have happened with a teacher or other adult the classroom. The Alachua County School District is liable for the actions and inactions of its teachers. While the teacher did not want this event to happen, the teacher negligently created an unsupervised environment that the incident did happen. Under Florida Statutes, the Alachua County School Board can be placed on formal notice for negligence and related damages and personal injuries. Then after the expiration of the formal notice period, the Alachua County School Board can be sued.

It is unfortunate that the school, school board, and teacher learned a lesson out of this tragedy. That lesson is that 10 minutes of missing or neglectful supervision can leave to a traumatic event that a 14 year old girl will need to live with for the rest of her life.

You can read more about this story at Alachua County (Gainesville) Florida Special Needs Child Raped in Classroom by Another Student.

January 5, 2009

What To Do If You Have a Complaint or Grievance Against a Florida Day Care / Child Care Center?

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What should a parent or caregiver do if he or she has a complaint or grievance against a Florida day care / child care center? Well, this simple question may have a variety of answers depending on the facts or circumstances of the complaint or grievance. I typically ask the parent / caregiver the following questions?

How old is the child?
How long has the child been in the day care / child care facility?
Is the child currently enrolled in the day care / child care facility?
What actions or inactions of the staff caused your child harm or personal injuries?
What medical care or treatment was provided for the day care related injuries?
What documents (if any) did the parent receive from the day care center?
What was the explanation (if any) of the injuries sustained by the child?

A parent or caregiver can and should act as an advocate for the child's health, safety, and welfare in a day care / child care facility in Florida. In addition, depending on the circumstances, it may be advisable to report the incident and demand an investigation through the Florida Department of Children and Families. You can read more about filing a complaint or grievance through the Florida Department of Children and Families at Official Website for the Florida Department of Health - What To Do If You Have a Complaint with a Florida Child Care / Day Care Center.

The concerned parent or caregiver can consult with a
Florida Child Injury Lawyer / Attorney
to determine the respective rights of the child and family and the legal obligations and responsibilities of the day care / child care center. It makes sense to get the advice from an attorney / lawyer as to both the legal and practical aspects of pursing legal action for a day care / child care related personal injury.

January 3, 2009

Flagler County Sheriff's Office Arrest Woman on Child Pornography and Sex Charges

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The Flagler County Sheriff's Office recently arrested Tina Marie Smith, age 43, of Palm Coast for child pornography and having sex with a minor. Her husband, Alton Everett Smith, Jr., is being sought for the same charges. Investigators found computer disks showing minor boys and girls (some believed to be as young as 8 years old) engaged in various sexual acts. Some of the photographs located may even have Tina Marie Smith and / or Alton Everett Smith, Jr. in the photographs. The couple face 37 charges of child pornography. Anyone with information on the location of Alton Everett Smith, Jr. or this case should contact the Flagler County Sheriff's Office or other authorities. It is reported that Mr. Smith may be travelling on the Intracoastal Waterway in a blue and white sailboat. Be on the look out for hull numbers FL1581MJ.

You can read more about this story at Flagler Couple Part of Child Pornography and Sex Acts in Flagler County (Palm Coast), Florida.


January 2, 2009

Arrest Made in Jacksonville, Florida in Infant Beating Death

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Jacksonville, Florida was the unfortunate location of headlines lately for the arrest of Jonpaul Anthony Harms (age 20) for the beating death of an infant. According to the Associated Press and Florida Times Union newspaper, Mr. Harms hit his girlfriend's infant twice with his fist because the child would not stop crying. An autopsy of the child indicated that blunt force trauma was the cause of death of the child.

Child, especially infants, will cry periodically. Why does a child cry? It could be because the child is hungry, thirsty, hot, cold, not feeling well, scared, sleepy, and a number of other reasons. Beating, punching, hitting, pushing or harming the child in any manner is no solution for a crying child. It is a crime. You can read more about the arrest of Jonpaul Anthony Harms at 20 Year Old Arrested in Jacksonville Infant Beating Death.

December 28, 2008

Protecting and Monitoring Children in Day Care and Child Care Facilities - the Rilya Wilson Act

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The Rilya Wilson Act is a Florida law that was passed in memory of a child who slipped through the Florida foster care / protective custody system. The purpose of this law is to make day care centers, child care centers, and the Department of Children and Families accountable for keeping track of and monitoring the health, safety, and welfare of children who are under court ordered protective supervision. If a child is absent from a day care or child care center for 2 consecutive unexcused absences or 7 consecutive excused absences, officials with the local designated staff of the Family Safety Program Office of the Florida Department of Children and Families must be contacted. This action will notify DCF about a potential problem and to further investigate the whereabouts, health, and condition of that child.

You can read the full text of the Florida Statute entitled the Rilya Wilson Act at Section 39.604, Florida Statutes.

December 27, 2008

Corporal Punishment in Florida - What Is Considered Excessive? Florida Law

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Corporal punishment is still utilized in several Florida school districts and in Florida day care and child care settings. I personally and professionally do not believe in the use of corporal punishment. Whether there is a resulting injury or not, corporal punishment often times leads or causes emotional injury and unacceptable fear in children. Pursuant to Florida Statute Section 39.01, corporal punishment may be considered excessive if it leads to any of the following child injuries or harm:

Sprains, dislocations, or cartilage damage;

Bone or skull fractures;

Brain or spinal cord damage;

Intracranial hemorrhage or injury to other internal organs;

Asphyxiation, suffocation, or drowning;

Injury resulting from the use of a deadly weapon;

Burns or scalding injuries;

Cuts, lacerations, punctures, or bites related injuries;

Permanent or temporary disfigurement;

Permanent or temporary loss or impairment of a body part or function; or

Significant bruises or welts.

You can read this statute and related definitions at the Official Florida Statutes Web Site.

December 19, 2008

Florida City (Deltona) Bans Sex Offender from City Parks

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The central Florida city of Deltona recently passed a unanimous ordinance to ban sex offenders from all city / municipal parks. Sex offenders must stay away from any park owned, operated, maintained, or controlled by the city. This ordinance goes hand in hand with similar local, city, county, and State laws that forbid sex offenders from going within a certain distance of schools and other areas where children tend to congregate or go. A similar measure was passed in Woodfin, North Carolina. This measure / ordinance was challenged and brought before the North Carolina Supreme Court which upheld the measure / ordinance. Of course, the laws in North Carolina differ from those in the State of Florida. As such, it is uncertain which way the Supreme Court of Florida would rule on such a matter. I do believe that Deltona's ordinance serves a very important public interest or concern - the safety of our children.

You can read about this story at Ban on Sex Offenders at City Park in Deltona Florida.

December 18, 2008

Florida School for Boys at Marianna Florida - Memories of Horrors and Abuse that Last a Lifetime

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In Florida and other States, adults are living with the memories and nightmares of child abuse, neglect, and exploitation well into their golden years. At the Florida School for Boys in Marianna, an investigation is under way for a pattern of suspected abuse and neglect that took place decades ago. Several former students who are now in their 60s have come forward to report abuse, neglect, and deaths that took place at what appears to be a nice and safe place for children. As the old saying goes, appearances can be quite deceiving. Within the confines of the Florida School for Boys in Marianna, there is a cemetery. Children should not be buried at a group home, reform school, orphanage, or other institution. These schools should be centers for learning, safety, good will, and compassion for children - not death.

Even Governor Charlies Crist and other State officials have stepped in to oversee the investigation as to the grave sites, causes of death, and reported abuse and neglect at this facility.

You can read more about this story at Florida Reform School Investigation Reveals Tales of Horrors.

December 12, 2008

Don't Leave Your Child Unattended in a Vehicle (Even if you are a doctor) Miami Cardiologist Arrested for Leaving 8 Month Old in a Car

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Even busy doctors can be arrested for child abuse and neglect. A South Florida (Miami) cardiologist - Pablo Guala, M.D. - was arrested for leaving his 8 month old boy in a locked BMW outside of Mt. Sinai Medical Center in Miami Beach while Dr. Guala went in to see a patient. A security guard noticed the car and looked inside. The car was locked with the windows rolled up. 911 was called to the scene. Dr. Guala returned to his car as paramedics were attempting to force their way into the vehicle.

Dr. Guala informed police that the hospital visit look longer that it should have taken. It is quite amazing how a doctor can have such poor judgment to leave his child in a locked car with the windows up. South Florida is hot year round. On any given day, there is a risk of heat over exposure. While money is not excuse for abuse for the rich or the poor, one would think that Dr. Guala had the financial resources to hire a baby sit or take the child to a family member or friend before going to the hospital. If he was tending to a true emergency, he should have taken the child into the hospital with him.

This story illustrates the point that a graduate degree or even a medical degree does not make you the best parent in the world. Common sense and due diligence to your child's needs are paramount to being a good parent. For a multitude of reasons including health and safety, an 8 month old child should not be locked in a car without supervision.

You can read more about this story at Miami Florida Cardiologist Arrested for Leaving 8 Month Old in a Car.

December 6, 2008

Bradenton, Florida Girl's Diary Leads to Arrest of Child Rapist (Michael Wayne Kelly)

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A 7 year old Bradenton girl wrote in her diary that she was raped several times by a 50 year old - Michael Wayne Kelly. The girl also wrote that Mr. Kelly showed her pornographic movies. According to news reports citing the Manatee County Sheriff's Office as the source, Mr. Kelly admitted to the rapes and claimed that the child initiated the encounters. Assuredly, Mr. Kelly's attorney, whether it is a private criminal attorney or public defender, will advise him that this argument will not serve as a defense in any manner of the felony rapes that he committed. Unless there is some defense arguments that can suppress the admission and somehow repute the claims of the child as contained in the diary, it appears that Mr. Kelly will be residing in the Florida State Prison System for an extended stay of many years. Of course, a person is innocent until proven guilty in Florida and other States; nevertheless, the initial facts as reported in the news do not look very good for Mr. Kelly. The community and society will be a little safer with Mr Kelly behind bars away from vulnerable children. You can read more about this story at Bradenton Man Arrested for Raping 7 Year Old.

November 24, 2008

Child Suffers Head Injury While in Foster Care - Arrest and Conviction in Bartow, Florida

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The foster care system in Florida is in place to provide children (who have been abused or who are at risk for abuse) a safe haven. The State of Florida relocates children to a foster parent, who may or may not be related, for temporary short term as well as long term placement. Unfortunately, many foster children are abused, neglected, and seriously injured while under the care of a foster parent. Norma Jean Dillard, of Lakeland, Florida, recently pleaded no contest to charges of child abuse. Apparently, in 2006, a 3 month old child (Jayden Moreno) suffered two skull fractured while under her care. The child was removed from the mother's care when she was arrested on marijuana and cocaine charges in Sebring, Florida. News reports were not clear on how the fractures occurred. Infants, who receive good and attentive care, usually are not taken to the hospital with skull fractures. The evidence was strong enough to convince Ms. Dillard to take a plea deal on the case. You can read the news report about this criminal case at Child Abuse Suspect in Florida Gets 15 Years Probation for Skull Fractures.

It is vital that parents, foster parents, day care providers, teachers, medical providers, and other care givers of children properly supervise and protect children (especially small children, toddlers, and infants) from abuse, neglect, and serious personal injuries.

When there is a report or incident of abuse, the State of Florida Department of Children and Families has a duty to investigate. In addition, law enforcement, the State Attorney's office, and private attorneys are also involved in the matter. Personal injury attorneys frequently represent the interest of the child when the abuse or neglect results from negligence and / or the failure to properly supervise the child in a school, day care / child care program, neighbor's house, friend's house, and, even, a relative's house. If there is a serious personal injury involving a child, it is important to consult with a Florida personal injury lawyer / attorney to make sure that the rights of the injured child are enforced.

November 23, 2008

Child Dies After Day Care Center Leaves Child in Unattended Vehicle

When a parent leaves his or her child at a day care center, it would be reasonable for the parent to expect that the child would be properly cared for and not placed in danger. The above You Tube video shows how tragedy can result from inattention and simple and careless mistakes made by day care and child care personnel in Florida and other states. It is vital for day care, child care, and school drivers of buses, vans, and vehicles to make sure that all children have properly exited the vehicle and that no child is left in an unattended vehicle. Leaving a child in an unattended vehicle can lead the hyperthermia, hypothermia, dehydration, suffocation, injury from automatic doors and windows, strangulation from seat belts, and other injuries and yes, in some cases, death.

November 17, 2008

Corporal Punishment and Paddling in Florida and the Rest of the Nation - State by State Analysis

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In the last 50 years, education has taken great strides in progress. Despite these advances, corporal punishment, paddling, and spanking are still used to enforce rules and attempt to modify behavior in school districts throughout the United States. I remember as an elementary school student when friends and classmates were called to the principal's office for discipline and paddling. The classmate would come back red in the face, upset, and crying. Back then and now, I think that it is a barbaric way to discipline a child at school and at home. Administrators and teachers need to use their resources to teach children rather than figure out effective ways to beat and abuse them. That being said, it is important for parents to study and know the county, school district, and state laws that apply to corporal punishment, spanking and paddling. I located a comprehensive list of laws for each state at United States - Legislation Dealing with Corporal Punishment.

Corporal Punishment sometimes causes physical scars and child injuries and in most cases caused emotional scars that can last a lifetime.

November 11, 2008

Duval, Nassau, and St. Johns County Are Updating Policies on Bullying and Anti-Bullying Incidents

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Duval, Nassau, and St. Johns County School Districts are updating anti-bullying and anti-cyber bullying rules and procedures. Bullying, both in the physical and psychological form, is a big problem in the Florida school system. With thousands of children with mobile phones, computers, and lap tops and the growing use of text messaging, e mails, My Space, Face Book, and other Social Networking web sites, cyber bullying is an increasing and serious problem to our children in our Florida school system. School administrators can enforce school board rules and policies for acts that take place on school grounds and / or with school equipment. This can be tricky when dealing with cyber bullying. Where was the message sent from? What equipment was used? What time did the cyber bullying take place? Regardless of the time, place or manner of bullying or cyber bullying, school administrators, parents, and, yes, other students, should take all reasonable efforts to report and address bullying. Instead of supporting the bully, other students should do what they can to discourage peers and other students from bullying other children. You can read more about the developments in Duval, Nassau, and St. Johns County School Districts at New Florida Laws Help Bolster Anti Bullying Rules and Procedures.

November 8, 2008

University of Florida Fraternity - Tau Epsilon Phi (TEP) Accused of Hazing College Students

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The University of Florida is a very good college that is increasingly getting more difficult to admitted for college. The University of Florida is home to the Gators, thousands of college students, and many fraternities and sororities. Those lucky enough to gain admission and get an education there often times squander the opportunity given to them. Some drink too much. Some waste their time away rather than attend to their studies. Some haze or abuse other students in the fraternity system.

Students can be seriously harmed emotionally and physically from acts of hazing. Some college students suffer serious personal injuries and even death as a result of hazing. Some Florida fraternities are mere gangs with more formally educated members. The spirit of brotherhood does not thrive in an environment of hazing. The spirit of brotherhood is better served with hard work, honesty, integrity, and friendship.

I am a college graduate of the University of Florida and also a proud alumni of Lambda Chi Alpha Fraternity. I am quite familiar with the fraternity system. When I was in college, I heard stories about hazing that took place at other fraternities (including TEP) and it looks like the not so fine tradition of hazing has continued into the year 2008. The UF Tau Epsilon Phi (TEP) Fraternity is currently being investigated for hazing which included forcing pledges to consume laxatives, having body part submerged into water, pouring food on them and forcing the pledges to do physical exercises. These shameless acts (if true) do not promote brotherhood or integrity. The acts only serve to embarrass and demean the pledges and to form as a sick and twisted form of entertainment for the older brothers of the fraternity. Many fraternities have been suspended and even have lost their charters for hazing. School officials, the University of Florida Police Department, and / or the Gainesville Police Department should complete an investigate and punish those responsible for these acts of hazing.

See University of Florida Fraternity Investigated for Hazing Incidents.

November 7, 2008

Palm Bay Florida Day Care Owner (Creative Years Learning Day Care) Arrested for Child Abuse

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A Palm Bay, Florida day care owner has been accused and arrested for child abuse. Paul Green, owner of Creative Years Learning Day Care on Malabar Road in Palm Bay, Florida was arrested when it a 3 year old reported to an employee that Mr. Green caused a severe bruise on the right year of the boy. The boy stated that "Paul did it." Of course, the statement came from a 3 year old boy and it is difficult to tell from these facts alone what happened. The police appear to have probable cause to investigate and arrest Mr. Green for this act that caused a visible and traumatic injury to a Florida child. The criminal case will be investigated by the police and local state attorney's office. The State of Florida must prove beyond a reasonable doubt that Mr. Green committed a crime of child abuse. The criminal case is different than a civil case. In a civil case, the family must prove by a preponderance of the evidence that the child was abused or neglected. Preponderance of the evidence is the "more likely than not" standard of proof. If Mr. Green's actions were intentional meaning he intended on hitting and injuring the child, these actions may not be covered under the liability insurance policy for the day care center.

The Florida Department of Children and Families should be notified any time that it is suspected that a child has been abused or neglected at a Florida day care or child care center. Photographs should be taken and an incident report should be documented. Parents who place their children in the care of a day care and child care center have the right to demand and expect good care. When a child is injured through negligent acts or intentional acts of a child care worker or owner of the center, action should be taken to address the transgressions. The arrest of Paul Green, owner of Creative Years Learning Day Care Center, was reported at Central Florida 13 News Web Site at Central Florida Day Care Owner Arrested for Child Abuse.

October 30, 2008

Florida Day Care / Child Care Standards - What are Facility or Physical Environment Requirements?

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Florida Day Care / Child Care facilities must be clean, free from health and safety hazards and from vermin infestation. Under Rule 65C-22.002 Physical Environment of the Florida Administrative Code, a Day Care / Child Care facility provides that no part of the Day Care / Child Care building shall be used for any activity that endangers the health or safety of the children. This means that the Day Care / Child Care facility must keep the facility clean, keep dangerous machines / equipment away or out of the access of children, keep chemicals including but not limited to cleaning supplies, flammable products, poisonous products, and toxic products away from children, keep fire arms, knives, sharp objects, and other dangerous products away from children, and keep alcohol and drugs out of the reach of children. Smoking is prohibited in inside and outside the Day Care / Child Care facility as well as the vehicles used to transport children.

The failure of a Day Care / Child Care facility to follow the Florida Administrative Code and other laws and regulations often times leads to injury or harm to the child. Typically common sense, hard work, and attention to detail can avoid injuries to children in the Day Care / Child Care setting.

October 25, 2008

Florida Day Care / Child Care Standards - Provider Inspections and Information

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The Florida Department of Children and Families (DCF) licenses and inspects Day Care / Child Care facilities. The State of Florida has a very resourceful web site that contains rules, regulations, and provider information for Day Care / Child Care facilities throughout the State. You can look up your child's Day Care / Child Care facility or research others by going to theProvider Search section of the web site.

Even facilities with good inspection reports and histories make mistakes and fail to provide for the safety, health, and well being of the children. In Florida, each Day Care / Child Care facility undertakes a duty to watch over our most precious resource (our children). If a Florida child is injured or harmed as a result of the inattention or negligence of a Child Care / Day Care employee or an unsafe condition on the premises, a parent can bring an action for compensation of medical bills (past and future), pain and suffering of the child, and damages for the parent. A Florida Child Injury Lawyer can assist with an evaluation of the liability, review of medical records, negotiations with the insurance claims adjuster, and (if necessary) litigation / trial of the case.

October 24, 2008

Florida Day Care / Child Care Standards - What Personnel Records are Required to be Kept on File for Employees?

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Florida Day Care / Child Care facilities must maintain personnel records for all child care personnel. Under Rule 65C-22.006 Record Keeping , a Day Care / Child Care facility must maintain the following records:

*Employment application;
*Positions held and dates of employment;
*Signed statement by employee acknowledging understanding of the Florida Statutes requiring the report of child abuse and neglect;
*Background screening documentation; and
*Copies of training information and credentials as required by the Florida law.

The purpose of the above documentation rules is to promote the hiring, retention, and training of qualified individuals who are employed to supervise children in a day care / child care setting. Trained and conscientious child care workers can help prevent injuries to children in the Day Care / Child Care setting.

October 24, 2008

Dangers of Leaving Children in Hot Cars in Florida and Other Southern States - Hyperthermia and Death

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Every year, children die in Florida and other States from hyperthermia which is a condition where the body absorbs more heat than it can handle. Hyperthermia frequently occurs when a child is left in a hot car. This type of child injury in Florida can be avoided with common sense. In Florida and other Southern States, it can be hot enough to cause the death of a child for most of the year. Recently, in Kentucky, a 2 1/2 year old died in his grandmother's car while his grandmother went to work. Coroner, Boy, Age 2, Dies in Car While Grandmother at Work.

In addition to hyperthermia, there are other dangers of leaving a small child alone in a vehicle which include abduction, suffocation, wandering away, choking, and many other dangers. Keep your children safe, cool, hydrated, and close to you at all times. Leaving a small child in a car alone is just not safe.

October 23, 2008

Liquor Stores May Be Linked to Incidents of Child Injuries

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A study reported by the United Press International (UPI) states that the number of neighborhood liquor stores may be an indicator of the frequency of child injuries in the neighborhood. Bridget Freishler, an UCLA Assistant Professor of Social Welfare, conducted the research. The theory is that neighborhood liquor stores may contribute to more frequent drinking in the area of the liquor store, which in turn, may lead to negligent supervision of children at home.

Alcohol and good parenting are things that do not mix well together. Young children are dependent on their parents for supervision and guidance. If the parent is under the influence of drugs or alcohol, the level and quality of supervision and judgment for that matter diminish greatly.

The study by Professor Freishler was a good vehicle to show parents, caregivers, and health care providers of the dangers and relationship between the availability of alcohol and its relationship to child injuries.

October 23, 2008

Florida Teachers Who Had Sex with Students Land in Jail

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Two central Florida teachers were recently arrested for having sex with students. Cynthia Horvath, age 45, was a teacher at the Warner Christian Academy. She taught English and was a Cheer Coach. According to the investigation, Ms. Horvath had sex on a number of occasions with a 17 year old student. It appears that the sexual activities took place in Port Orange, Florida and South Daytona, Florida. Ms. Horvath was charged with illegal sexual activity with a minor. Really, what was this woman thinking? She has a college degree and was in her 40s. You would think that a woman of this age, education, and life experience would know better than to have sex with a 17 year old student from her school. Teachers Arrested in Separate Sex Scandals in Central Florida.

The Warner Christian Academy has been around for 38 years. It shows that even a well established school is not immune from such scandals. It appears that background checks were done prior to Ms. Horvath's employment.

A Lake County, Florida (Eusti