Florida Child Injury Lawyer Blog

In Florida, day care centers have a duty to provide a safe haven for children under their care. Unfortunately and tragically, some day care workers use their position of trust to commit horrendous and unspeakable acts of child and sexual abuse on children under their care. Many such acts go unreported without any intervention by law enforcement or the state of Florida. The Miami Herald recently reported that Edgar Cerezo was arrested for allegations involving sexual acts on a four year old girl in his wife's day care center - The Clara Cerezo Child Care Center. If convicted, Mr. Cerezo faces a possible sentence of life in prison. Of course, Mr Cerezo will be entitled to legal representation by a Florida public defender, or Florida Criminal Defense Attorney and it will be the State's burden to prove guilt beyond a reasonable doubt. You can read more about this story at Miami-Dade County Day Care Worker Accused of Attacking Four Year Old Girl.

Day care center abuse, assault, and neglect incidents continue to take place in Florida and other States. Responsible and caring child care workers should be supervising the children rather than those adults intent on preying and abusing children.

Continue reading "Miami (Kendall) Day Care Center Worker Investigated for Alleged Sexual Assault on 4 Year Old Girl" »

Florida is a warm weather State. Better stated, Florida is a hot weather State that offers many attractions like beaches and theme parks. Florida's hot weather also presents dangers to children left in hot vehicles during all times of the year especially Summer months. The death of Haley Brockington who was left in a day care center van illustrated the dangers of Florida's weather combined with the inattention of staff along with the lack of policies and procedures or the failure to follow adequate policies and procedures. See Why Did Haley Brockington (Age 2 1/2 Years Old) Die in Katie's Kids Learning Center Van? Legal Rights and Responsibilties See also See also Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida.

Here are some general tips for Florida day care centers and all other transporters of children to consider to make sure that a child is not left unattended in a hot car in Florida:

1. Never leave a child alone in a hot vehicle. A 5 minute visit to the store can easily turn into a 25 minute visit which an mean the difference between life and death for some children.

2. Have a checklist of that is consistently followed at the end of any transport of children. Double and triple check the list to make sure that every child is removed from the vehicle, bus, or van.

3. Put an item like a stuffed animal or other object in the back of the vehicle, bus, or van. This will serve as a reminder to check all parts of the vehicle and make sure that all children are removed from the vehicle. If you did not bring the stuffed animal to the front of the vehicle or in with you, you did not check the vehicle thoroughly.

4. Train and instruct all transporters of children as to the dangers of leaving a child in a vehicle. Ignorance is rampant as to the dangers of leaving a child in a hot car. Make sure that the driver and other transporters of children understand and recognize the risks and are instructed to never ever put a child at danger.

5. Have a written policy and procedure in place that must be followed each and every time that a child is transported and follow it consistently.

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

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

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

Heather Lovett, a 21-year-old woman of Bradenton, Florida and owner of Our Kids Home Daycare was arrested and charged with child neglect after a toddler in her care had to be rushed the the emergency room. The 22-month-old toddler had bruises all over her body, including her head, face and neck as well as dried blood in her ears. According to a police report, the toddler also had injuries consistent with a sexual assault.

Lovett told police that her boyfriend's 13-year-old son was at the daycare during the time the toddler incurred the injuries. When detectives confronted the teenage boy, he gave them numerous accounts as to what happened to the toddler. Eventually, detectives say the teenager admitted to "losing control" and punching the toddler at least 20 times in the face and body. The boy said he became enraged after the toddler threw a golf ball at his face. The 13-year-old did not admit to any sexual abuse. He was charged with aggravated child abuse, but could face additional charges.

This is not the first time the police have responded to a complaint at Lovett's daycare. In June 2010, detectives investigated a claim of child molestation at the daycare after a 3-year-old boy said he was abused. According to a police report, the suspect in that investigation was a 15-year-old boy and brother of the 13-year-old arrested in this case. Investigators said, the 15-year-old denied the allegations against him.

Each criminal defense in this case has a right to a lawyer and speedy trial. If you would like to read more about this story see Teenager accused of abusing a 2-month-old toddler at Bradenton, Florida daycare facility.

Continue reading "13 Year Old Admits to Punching / Abusing Child at Day Care Center According to Bradenton Florida Detectives" »

Shantel Patrice Wilcher, operator of an unlicensed day care, pled guilty to manslaughter in a Florida criminal case that was brought against her. Wilcher, who left a one-year-old boy in a truck for two hours in temperatures exceeding 90 degrees, faces up to 15 years in prison for the manslaughter of the toddler. The child was left in the vehicle while Wilcher went into a store with her two teenagers and the child’s 3-year-old brother. After unsuccessful attempts to resuscitate the child, Wilcher called 911 to report the incident, the toddler was pronounced dead at the scene.

During 2006 and 2007, Wilcher operated a licensed day care. However, due to failed inspections and repeated citations for inadequate supervision, the Florida Department of Children and Families (DCF) fined her $500 and closed the day care center During the time of the incident, Wilcher was operating an unlicensed day care. DCF fined Wilcher $30,500, in December 2009, for her operation of the facility; a record high fine for DCF at the time. The fine has still not been paid; other legal options are being considered as well.

The toddler’s death is a tragedy for the family and the community. Parents, care takers, day care providers, and babysitters have a duty to care for and protect children. Wilcher’s poor judgment resulted in this toddler’s tragic death. Lawmakers are passing bills mandating day care providers divulge pertinent information regarding their status as a provider, including any prior investigations and citations received by the provider. Hopefully, these new laws will help better inform parents of whose care they are putting their children under.

To read more about this incident see Operator of an Unlicensed Day Care Pleads Guilty to Manslaughter.

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

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

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

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

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

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

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

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

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

See Duval Schools Will Start to Track Bullying Complaints.

Does bullying occur at the daycare or pre-school level?

There are different degrees of bullying. On one end of the spectrum, you have a person who has just engaged in his or her first bullying experience and may become so torn by feelings of guilt about their behavior they may never bully again. On the other end, there is the persistent bully who will do anything to anyone to get what he or she wants.

Pre-school vs. Day care

There is a difference between bullying at the different facilities. At the pre-school level, it is important to distinguish bullying from a a child or toddler merely acting out. It has been suggested that to be a “bully” one must appreciate and understand what he or she is doing – lowering someone else’s self-esteem in order to get what they want. However, at the daycare level this distinction is not so apparent. Florida day care centers are comprised of children ranging from various ages and not just very young children who may not understand the full consequences of their behavior.

If a child has suffered personal injuries or harm as a result of bullying at a day care center, a child injury lawyer may be able to assist in reviewing and enforcing the legal rights of the injured child. When a child has suffered injuries, there are many issues for a parent to deal with including medical care, medical bills, and the suffering of the child.

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

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

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

Shaken Baby Syndrome injuries can last a lifetime and even result in the death of a child immediately. In some cases, the child survives only to live a life challenged by brain damage resulting from Shaken Baby Syndrome. In the case of Christina Welch, she survived for 19 years with severe brain damage from being shaken by her father when she was just two months ago. When she died, an autopsy determined that Christina died from complications from severe brain damage / Shaken Baby Syndrome. Thereafter, the father was charged with her death. He later pled no contest to charges of Second Degree Murder and was issued a 15 year prison sentence. The father initially (19 years ago) received a 1 year prison term. When Christina died, the case was re-opened and charges were brought for her wrongful death.

Parents, child care providers, teachers, and others involved with the supervision and care of children should pay close attention to stories like this one. One bad act or incident can lead to years of disability and suffering by a child. You can read more about this story at Father Guilty Again When Child Dies Two Decades Later.

Babies continue to suffer serious personal injuries as a result of Shaken Baby Syndrome. Parents, caregivers, baby sitters, day care providers, and child care providers should never shake a baby as a form of discipline or as a measure to quiet a child. It is well known by pediatricians, neurologists, and other medical providers that shaking a baby can result in a serious child personal injury including:

*traumatic brain injury;
*brain swelling;
*brain damage;
*subdural hematoma (bleeding);
*mental retardation;
*developmental delays;
*vision problems / blindness;
*hearing loss;
*paralysis;
*learning disabilities; and
*death.

(See Shaken Baby Syndrome Goes Beyond the Family.)

Babies and infants will cry and become fussy. Keep this mind when caring for a child. Also, keep in mind that babies and infants are very fragile. This is especially true as to the development of the brain. Do not put a child at risk by shaking the child.

If a child has suffered serious personal injury as a result of being a victim of Shaken Baby Syndrome, the incident should be reported to the local police and the Department of Children and Families. In addition, the child may benefit from legal representation by a Florida Child Injury Lawyer if there is insurance or other means to obtain compensation for the child's past medical expenses and future medical expenses for therapy and education.

A former teacher at Cocoa Beach Junior / Senior High School was sentenced to a 50 year prison term for criminal charges involving child pornography. The defendant, Berne Schmidlkofer - age 65 - pleaded guilty to the charged that involved the production and distribution of child pornography involving a 6 year old child. The arrest was made after a tip was provided to the National Center for Missing and Exploited Children. It is quite frightening that just a few years ago that this man was teaching our children and serving as an apparent role model for children. You can read more about this story at Former Teacher Receives 50 Year Prison Term.

By David Wolf, Attorney and Cassie K. McDonald, Law Clerk
Published by Florida Child Injury Lawyer Blog

Bobby Wayne Turman, a 35-year-old male resident of Santa Rosa County, Florida, was charged with 100 counts of sexual assault to a victim under twelve-years-old. To defend himself against these Florida criminal charges, Turman will be entitled to a public defender or an attorney from a private law firm.

The alleged abuse started when the victim was eight-years-old and continued until the victim turned eighteen despite two separate revelations to Turman’s wife. According to the report, Turman threatened to kill the victim after the first accusation and forced the victim to tell his wife, “It was just a dream.” After the second accusation was ignored by Turman’s wife, the victim stopped revealing the sexual abuse. According to the victim, if the wife would not believe the accusations, no one would.

The sexual abuse was reported to the sheriff’s office on February 9, 2010. Investigators interviewed the victim and eyewitnesses who corroborated the victim’s story. One witness, a prior roommate of Turman’s, recalled approximately seven different occasions where Turman and the victim were alone together in a bedroom or bathroom. Although Turman told the witness he was “disciplining” the victim, the witness heard suspicious crying, sniffling, and grunting. According to the report, when Turman and the victim were alone in the bathroom, the faucet would continuously run. When alone in the bedroom the witness heard “movement on the bed,” and “squeaks from the bed.”

It takes a very strong and courageous child or adult who has been a victim of child abuse to come forward and reveal the abuse and molestation suffered by the victim. If a child comes forward with a story of child abuse or molestation, the child should be listened to and taken seriously. Sexual abuse on a child is a serious and heinous crime. Children suffer serious personal injuries in the form of physical harm and psychological trauma from sex abuse and assault acts committed against them.

You can read more about this story at Man Charged with 100 Counts of Sexual Assault to Victim under 12.

Savvy investigators pieced together photographic / video evidence that lead to the arrest of a David A. Diehl, age 48, in Orange Park, Florida. The investigation centered around videos made of the molestation of a 9 year old girl in a tent. The video was evidence in other criminal cases for child pornography. Now, investigators believe that they have the man who made the child pornography videos. One piece of evidence was a novelty $1 Million Bill. Investigators traced this bill back to the Star Ranch, a nudist club in Texas. Investigators then conducted interviews which helped identify the girl who was in the video. Thereafter, the girl was interviewed. The girl finally broke her silence and recounted the horrible events that took place in the tent.

Children should be cared for and protected and not subjected to the selfish and horribly aggressive and violent acts of child predators and sexual offenders. You can read more about this story at Arrest Made of Alleged Child Pornographer in Orange Park, Florida.

Of course, Mr. Diehl will be entitled to legal representation by a criminal defense attorney. The evidence will be closely analyzed by each side in making the decision on a plea deal or to take the case to a jury trial.

Is Corporal Punishment allowed in my child's Florida public school? This is an excellent question. The answer to the question depends on the school board district policies and procedures. Most school districts prohibit corporal punishment. If a parent or guardian has a question about corporal punishment in a school, the parent or guardian should first review the policies and procedures for the school district. For example, in Orange County (Orlando), Florida, "the school board prohibits the administration of corporal punishment in the school system." This is a clear statement of policy that must be followed by all school employees. It does not matter that the teacher feels differently or raised his or her children with the use of corporal punishment.

If you believe that your child has been a victim of corporal punishment or has otherwise suffered personal injuries in a Florida school, contact a Florida Child Injury Lawyer for advice and representation. Issues in these cases involve school board policies and procedures, Florida statutes, a review of the incident report, a review of the medical records, insurance, and other matters.

In Naples, Florida, a man pleaded no contest to criminal charges that he molested six boys in a day care center. The plea bargain will require the criminal defendant, Jose Jesus Lara Flores, to serve four concurrent 15 year prison terms. He officially pleaded no contest to the charge of attempted sexual battery. Other charges were dropped but it was reported that the victims' families were satisfied that the case has been resolved and that the defendant will go to prison, face possible deportation or proceedings with the United States Department of Immigration and Naturalization, and also be designated as a sexual predator. You can read more about this story at Man Pleads No Content to Criminal Charges Involving Sexual Molestation at Boys in a Day Care Center.

A pair of unnamed parents had utilized the services of Jeannine Marie Campbell to babysit their two children while they were at work for over two and a half years. On a recent evening, the parents returned to find that one of their children had a black eye that Ms. Campbell could not explain. That was when they decided to install a “nanny cam” to keep an eye on the woman and their children during the day. About a week later, the parents fired Ms. Campbell, saying they were unhappy with the care she was giving their children.

When they watched the video tape from the day Ms. Campbell was fired, they discovered shocking footage of Ms. Campbell throwing, hitting and kicking one of the children. They immediately brought the tape to police, who confirmed that Ms. Campbell appeared to be very angry and that it was obvious she was not playing with the child.

Ms. Campbell was arrested and charged with battery on a child. She is in jail on $75,000 bail. She reportedly told police investigators that she knew about the hidden camera, but was angry about being fired and wanted to punish the parents by taking it out on the child by slapping, kicking, slamming and hitting him.

Even though the evidence appears to be caught on tape, Ms. Campbell is still entitled to her day in court. She did not make a comment to the press about the charges. Find out more about this story at Jacksonville police: Babysitter videotaped abusing boy said she was angry with parents.

Recently, the Florida Department of Children and Families announced that it had set a goal of reducing the number of children in the foster care system by fifty percent by 2012. According to the department’s own annual report, the Northeast Florida region is close to meeting this goal two years ahead of schedule. The success of the Jacksonville, Florida area Department of Children and Families has helped boost the entire state of Florida into first position in the nation for completing adoptions of children in the foster care system.

The Northeast Florida area has also led the state in its receipt of Prudential Davis Productivity Awards, which recognize innovation in serving the public. Much of the success can be credited to a successful partnership with Family Support Services (FSS) of North Florida, an organization that provides child-protection services in Duval and Nassau counties. The FSS currently has no children under the age of eight available for adoption.

According to Jim Adams, the Chief Executive Officer of FSS, 99.9% of children in foster care were visited by their assigned caseworker every thirty days. The increase in adoption rates has also reduced caseloads for caseworkers from thirty-five to eighteen children each.

Find out more about Jacksonville and Northeastern Florida’s successful adoption programs at Four cheers: Foster care leaders.