July 6, 2011

Teen (Deaf and Mute) Charged with Molesting 3 Year Old Boy in Deland, Florida

police.jpg

Police arrested a deaf and mute teenager for allegedly molesting a three-year-old boy in Deland, Florida. The report accused the 13-year-old boy of performing a sexual act on a younger child. According to the report, the seven-year-old cousin saw her 13-year-old boy engaged in inappropriate sexual conduct with a three-year-old boy in a bedroom. The police said that the cousin left the room and did not initially report the incident. Later the cousin found the 13-year-old touching the younger boy in the bathroom, and then she told an adult, said police.

Every parent fears what could happen to their child when they are out of their sight. After all, children go to school, extra-curricular actives, the mall, parties, etc., so parents cannot be with them every minute of the day. But, parents can protect their children from sexual abuse by instilling strong family values, encourages open and honest communication and following a few basic safety rules.

Law enforcement provides these few basic safety rules for parents and their children:

• Children will ask their parents for permission before they go anywhere. The children should tell their parents where they are going, who they are going with and what time they will be back.
• Children should not accept gifts or money from strangers.
• Children should never get in a car with anyone (even if it someone they know), unless their parents give permission.
• Children should never play alone and always use a buddy system.

For more information on this topic, see Deaf/mute teen charged with molesting boy, 3.

May 25, 2011

Risks and Dangers to Disabled Students: Orange County School Leads State in Frequency of Restraining Students

imagesCA88JHUN.jpg

Parents send their children to school with the expectation that they will be educated, not mistreated. Although teachers are given the authority to discipline children when they are acting out of order, the methods of physical restraint and seclusion have gone too far.

It was reported that Orange County schools have physically retrained 195 students approximately 1,910 times during this school year, a number that represents almost one quarter of the 8,222 cases reported in Florida. 2,944 disabled students were restrained by teachers who forced them to sit or lay face down on the floor. Teachers also used a strap-and-mat contraption to immobilize the children. Orange County educators claim that they only use the technique in emergencies with children who have behavior problems or engage in acts such as hitting, kicking, biting, or slapping themselves in the face. Many parents, disability advocates and law makers want to put an end to the retraining methods because it could traumatize and injure students. Also reported were 3,386 incidents of seclusion involving 1,047.

Parents of five-year-old Alex Ortaliz, a disabled child, were outraged when they found out that their child had been physically restrained against his will. Alex was born prematurely and suffered brain bleeds as an infant. He was the poster child for the United Cerebral Palsy charter school where he has excelled since age two. The teacher involved in the restraint claimed that Alex was acting out of control and dangerous.

Florida parents are trying to get a law passed that would prevent school employees from holding students with disabilities face-down or shutting them in rooms to try to control behaviors associated with their conditions. For more information on this topic, see Orange students restrained more than any in FL by far.

January 26, 2011

O'Carroll Homes - Employees Face Charges of Burning Developmentally Delayed Child with Iron

handcuffs%20on%20white%20background.jpg

State and private facilities for developmentally delayed children should be safe havens for the children where they are supervised for by professionals and child care providers acting in the best interest of the children. Unfortunately, some children are abused and neglect in these facilities in Florida and other states. It was reported that employees from O'Carroll Homes in Palatka (Putnam County) Florida burned a developmentally disabled child with an iron. Various agencies including the Palatka Police Department and the Florida Department of Children and Families investigated this incident. Five people were arrested regarding this incident. It was reported that one employee burned the child while another held the child's legs. You can read more about this story at Employees Charged with Crimes Involving a Developmentally Disabled Child Who Was Burned at the O'Carroll Homes Facility in Palatka Florida.

September 7, 2010

Is There a Dog Leash Law in Gadsden County (Quincy, Havana, and Chattahoochee) Florida?

leash%20metal%20close%20up.jpg

Section 10-63 of the Gadsden County, Florida, Code of Ordinances, prohibits dogs on public places if not under direct control. For purposes of this section, "direct control" is defined as:
1. The immediate, continuous physical control of a dog at all times by means of a secure fence, leash, cord or chain, or other means of sufficient strength to restrain the dog and the dog is controlled by a person capable of restraining the dog. Or, the dog is safely and humanely secured within a vehicle.
2. There is an exception made for hunting dogs and specifically trained dogs.

Also, under this section, a duty is created for dog owners to maintain direct control of their dog.
1. Dog owners or persons responsible for the care, custody, or control of any dog may not allow their dog to go on any public street, road, park or other public property if the dog is not under the direct control of the owner or person responsible for the dog.
2. However, this does not apply if the dog is on the premises of its owner or premises of the person in care, custody, or control of the dog.
3. There is also an exception made for hunting dogs or specially trained dogs.
4. Dogs not under direct control may be seized, restrained, impounded, and disposed of.

If your dog is found running at large and not under direct control on the property of another without the property owner's consent, the property owner or tenant is legally permitted to restrain the dog in a humane manner under section 10-59. After restraining the dog, the property owner or tenant is to immediately notify the director of animal control, who may then impound the dog.

Violators of this section risk incurring civil penalties ranging from $100-$500.

Gadsden County is located in North West Florida and includes the following cities:
Chattahoochee, Greensboro, Gretna, Havana, Midway, Mount Pleasant, and Quincy.

December 17, 2009

Florida Department of Children and Families Tightens Screening Process for Abuse Hotline Calls

EmergencyPhone.jpg

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

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

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

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

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

November 12, 2009

Florida Lawmakers Urge Nonprofits to Check Backgrounds of Volunteers

Fingerprint.jpg

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

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

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

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

October 20, 2009

Manatee County, Florida – Father (Ray Berk) Files Suit After Autistic Daughter (Angela Berk) Bitten by Police Dog

Police%20Sirens.jpg

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

October 16, 2009

Port St. Lucie, Florida – Teacher Allows Class to Vote Student (Alex Barton) Out of the Classroom

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpg

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

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

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

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

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

February 7, 2009

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

criminal%20jail%20hallway%20with%20white%20and%20yellow%20walls.jpg

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.

September 16, 2008

38 Year Old Man (Franco Costanzo Checchi) Arrested for Exposing Himself at the Adventure Landing Water Park

191645_pool_3.jpg

A 38 year old man (Franco Costanzo Checchi) was arrested for exposing himself in front of 4 children at the Adventure Landing Water Park in Jacksonville, Florida. Jacksonville Beach Police Department officials reported that Mr. Checchi exposed himself to the children in the locker room. The matter will be further investigation and prosecuted by the local State Attorney's office. You can read more about this story at Police - Man Exposes Himself at a Water Park.

When visiting any water park or rest room for that matter, parents should be watchful for others who may be child predators. It is difficult as a parent to protect a child in public places. Nevertheless, every effort should be made to supervise the child. It is most unfortunate the Mr. Checchi preyed on these children at Adventure Landing. If you have a question about a child that has been injured injured as a result of negligence or the misconduct of another person, it is helpful to have the advice, consultation, and representation of a Florida Child Injury Lawyer.

January 29, 2008

Autistic Child Killed by Mother Who Confesses to Crime

Autistic children in Florida and in other States, including Illinois, deserve and are entitled to protection under the law from harm by other people, institutions, schools, and yes, in some instances, their parents.

Florida child abuse neglect Jacksonville attorney lawyer

A 3 years old autistic child was killed by her mother by suffocation with a garbage bag. Karen McCarron said that she loved her child - but hated the autism. McCarron attempted to kill her child three days before the murder but trying to use a pillow but was unsuccessful. You can read more about this tragic story at the USAToday Website at Illinois Mom Confesses to Killing an Autistic Child.

I personally know three families who have an autistic child. There children are boys (a majority of autistic children are male and they have different abilities and varied development. The parents that I know love their children. While they are challenged by the curve ball in life that autism has thrown them, they all are doing their best to deal with these challenges. Love is always the answer not murder.

January 23, 2008

Florida Child Abuse or Elder Abuse: How to Report It

The Florida Department of Children and Families is charged with the responsibility of fielding and investigating reports of child abuse / elder abuse in the State of Florida. The State of Florida has several good web resources for learning more about the process of reporting incidents of abuse and neglect.

telephone%20black.jpg

Definitions of Child, Vulnerable Adult, Harm, Abuse, Exploitation and other key terms can be read at the Florida Department of Children and Families Web Site.

The hotline telephone number is 1-800-96-ABUSE (22873). You can read more details about the reporting process at the Florida Department of Children and Families Web Site.

If you have any questions about civil lawsuits and damages for incidents of child abuse or elder abuse against third parties including day care centers, churches, schools, nursing homes, or other entities, contact a Florida personal injury attorney or Florida child injury lawyer.

February 13, 2007

Autistic Boy Stabbed in Eye by Aunt

A severely autistic 14 year old boy was stabbed in his eye by his aunt in South Florida. This is a very tragic story. The tragedy shows the need to have a qualified and trustworthy person (which may or may not be a relative) supervise children with special needs. You can read more about this story at the Florida Times Union Web Site at Boy Stabbed in Eye by Aunt Home From Hospital.

 
 
Real Time Analytics