Florida Child Injury Lawyer Blog

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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Day Camps / Summer Camps , Summer Camps / Day Camps , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Education , Internet, E-Mail, Text Messaging , School Safety , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Medical Care & Health Issues , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Automobile Accidents , Crimes Against Children , Traffic Citations , Violent Crimes , Wrongful Death

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes , Wrongful Death

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Sarah Ludemann, age 18, was the tragic and unfortunate victim of a fatal stabbling in Pinellas Park, Florida. Sarah went to confront Rachel Wade about a boyfriend issue. The two started fighting. The fight ended with Rachel stabbing Sarah with a kitchen knife. Sarah died 1 hour later after the stabbing. Rachel Wade was arrested on charges of second degree murder.

A wrongful death case can be pursued by the family of Sarah Ludemann against Rachel Wade. The civil case may be covered by a homeowner's insurance policy. In Florida, most homeowner's insurance policies do not cover intentional violent acts of this nature. It could be argued that Rachel Wade did not mean to fatally stab Sarah Ludemann but only wanted to scare her or try to defend herself with the knife. Yes, it may be a difficult argument to make; nevertheless, there may be an element of negligence to this matter as to how the stabbing took place.

You can read more about this story at Florida Teenage Girl Stabbed to Death n Fight Over Boyfriend.

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Posted In: Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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In Orange Park (Clay County), Florida, a senior from Bartram Trail High School in St. Augustine (St. Johns County), Florida (Anthony Tyrone Lewis) was shot and killed with a handgun. His 15 year old stepbrother was found with the handgun. Anthony Tyrone Lewis was only 19 at the time of the incident. The State Attorney and the Orange Park (Florida) Police Department will conduct an investigation into the death of Anthony Tyrone Lewis. The story was reported in the Jacksonville Times Union at Bartram Trail High School Senior Shot in Orange Park.

It is tragic that a high school student died as a result of either gun violence or an accidental shooting. It is unclear from the news report as to how the shooting took place. This tragedy and others show the importance of gun safety especially when there are teenagers or children in the house. The State Attorney and Police will investigate the incident to determine the following:

Was the gun a legal firearm?

Who was the registered owner of the gun?

Was the gun properly secured prior to the incident?

How did the stepbrother gain access to the gun?

Did the owner of the gun know that teenagers could or would access the gun?

Was there negligence on the part of the gun owner or homeowner where the shooting took place?

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Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes , Wrongful Death

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The St. Petersburg (Florida) Police Department has reported that an arrest has been made in the shooting death of Paris Whitehead-Hamilton. Paris, who was 8 years old at the time of her death, was the unfortunate victim of a shooting. At the time of the shooting, Paris was sleeping in her home. Stephan Harper has been charged with first degree murder for firing a semi automatic weapon into Paris' home. News reports indicate that there may also have been others involved in this crime. The shooting resulting from an ongoing disagreement or feud with one of the adult occupants of the home. Further investigation through detectives discovered three assault weapons and two shotguns believed to be used to commit this crime.

You can read more about this article at Man Charged in Death of Girl Gunned Down in Her Home in St. Petersburg, Florida. <

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Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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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.

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

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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In St. Petersburg, Florida, 8 year old - Paris Whitehead-Hamilton - was sleeping in her home when she was hit by bullets that were sprayed into the home. Paris was sleeping in the front end of the home at the time of the shooting. She was taken to the hospital and pronounced dead by doctors at the hospital a short time later. Police investigators believe that the shooting was one of retaliation and an investigation will be conducted into this matter.

Paris' life was certainly cut short by a senseless act of violence. Hopefully, the police will catch the shooters and anybody else associated with the shooting. Parents should be taking their 8 year olds to the park, school, birthday parties, and other places. . . parents should not have to bury their 8 year olds who are the unfortunate victims of a shooting.

You can read more about this story at 8 Year Old St. Petersburg Girl - Wrongful Death of Shooting While Sleeping in her Home.

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Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Education , School Safety , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Economic Crimes , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Missing Children , Sexual Offenders / Predators , Violent Crimes

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Some criminals do not care who they harm. In Hialeah, Florida, a carjacker, Francisco Oses, has been charged with carjacking, attempted kidnapping, and aggravated child abuse. The victim, Jessica Baez, was waiting for her husband in a Walgreen's parking lot and had four children in her Mitsubishi Endeavor. Oses failed in his attempt to car jack the SUV. During the scuffle with Mrs. Baez, Oses punched Mrs. Baez and even punched her 18 month old toddler. Mr. Oses fled the scene on foot and was later arrested.

You can read more about this article at Carjacking and Baby Punching - Man to Face Serious Criminal Charges in Hialeah, Florida.

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Posted In: Child Safety , Crimes Against Children , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Education Law , School Safety , Sexual Offenders / Predators , Special Needs Children , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Special Needs Children , Violent Crimes

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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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.

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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.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Violent Crimes

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Officials and investigators with the Broward County, Florida School District are investigating the death of Amanda Collette who was murdered by a fellow student, Teah Wimberly. News reports indicate that another student may have told school officials about the presence of the gun on school property prior to the shooting, according to the Orlando Sentinel newspaper. School officials in Florida and other States have a duty to provide a reasonably safe environment for the students and to prevent personal child injuries and harm to students. If a gun or other weapon is reported to be present on school property, school officials should take such information very seriously to check into the truthfulness of the statement and to remove the weapon and the possessing student from the school in an expedited manner. Of course, guns and knives have no place in the public or private school system in Florida or any other State. If the school was informed of the presence of the gun on school property, the Broward County School District may be liable for negligence in failing to take affirmative action to protect Amanda Collette and other students within the school system. While there are certain legal protections for government entities like school boards, the Broward County School District can still be sued if the actions or inactions of its employees led to personal injuries or death of a student. You can read more about the developments in this investigation at Student May Have Informed Dillard High School Officials About Gun.

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Posted In: Child Safety , Crimes Against Children , Education , Gun & Firearm Safety and Injuries , School Safety , Violent Crimes

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Dillard High School, in Fort Lauderdale (Broward County) Florida was the site of a wrongful death (murder) as one student (Teah Wimberly) shot another student (Amanda Collette - Age 15) in the crowded hallway of the school. The Fort Lauderdale Police Department responded to the scene and arrested Teah Wimberly and charged her with first degree murder. Teah Wimberly called police from Capatain Crab's Take Away. Several students witnessed the incident and could have been shot as well since the shooting took place in a crowded hall way. While police have the suspect in custody who clearly shot the other student, there are several questions and issues to investigate by the school system, police, and the state attorney's office. Were there prior threats by Teah Wimberly? What kind of student was Teah Wimberly? What were the issues between Teah Wimberly and Amanda Collette? How did Teah Wimberly bring the gun into the school? Were there prior shootings in the school? What precautions were taken to help prevent violence in the school? You can read more about this tragedy at Florida High School Student Shot in Crowded Hallway at Dillard High School.

It would be very important to know who owned the gun and how this 15 year old (Teah Wimberly) got her hands on the gun to commit the heinous and terrible act of murdering another child.

The Center for Disease Control and Prevention reports that over 5000 young people ages between 10 and 24 were murdered. Over 80 % of the victims were murdered by a firearm. You can read more about the Center for Disease Control and Prevention studies and analysis of violent crimes and firearms at the Center for Disease Control and Prevention Web Site.

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Posted In: Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes , Wrongful Death

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Violent Crimes

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The State of Rhode Island is taking the lead in educating public school students (middle and high school) about the dangers of domestic violence and dating violence. A new law called the Lindsay Ann Burke Act requires that all public middle and high schools teach the students about dating violence in health related classes. Lindsay Ann Burke was the most unfortunate and tragic victim of an ex boyfriend who decided to slash Lindsay's throat and kill her rather than face a life without Lindsay as his girlfriend. The ex boyfriend will have a lifetime to think about his actions as he was convicted of murder and sentenced to life in prison without the possibility of parole.

I believe that other States including Florida should follow the lead of Rhode Island in educating students about the dangerous and real life problems of dating violence and domestic violence. You can read more about the program being instituted in Rhode Island as well as the Lindsay Burke story at Rhode Island Schools Required to Teach about Dating Violence.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators , Violent Crimes

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A 30-year-old man, James Clinton Gilmore, was recently arrested and is being held on a bond of $500,000 for a charge of sexual battery. Mr. Gilmore was at a friend's house who discovered Gilmore in the bedroom of a 13 year old with his pants at his ankles. A St. Johns County Sheriff stopped Gilmore in his car soon after the incident and arrested him. You can read more about this incident at Local St. Augustine Florida Man Charged with Sexual Battery on a Minor. This case involved a criminal matter at this time. A civil case can be filed against Gilmore depending on the facts and circumstances of the case. It typically is difficult to collect a judgment against an individual like Gilmore. Sexual assault and battery cases against churches, schools, businesses, and day cares are another story. Typically, there is insurance in place or assets available to collect upon a judgment. If you have a question about an abuse, battered, or molested Florida child, it is helpful to discuss the matter with a Florida child injury lawyer who understands civil cases of this nature.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Day Care Centers and Child Care , Education , Sexual Offenders / Predators , Violent Crimes

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While it sounds like a tabloid story, it is true - A Jackson, Alabama Preacher Killed His Wife and Put Her in a Freezer. You can read more about this story at this month's Legal Briefs Newsletter. Please click through to my newsletter link and also take a look at my other Blog posts and articles.

Hopefully, your associates, friends, and relatives do not include ones like Murder and Child Rapist Defendant Hopkins. If you are suspicious of an associate, co-worker, friend, or even relative, you can run a background check through a private investigator or an attorney. You may also want to check the suspicious person’s freezer. If you mistrust the person enough to check his or her freezer, I recommend you stay away from that person.

Of course, if you have any legal questions or issues to address, please contact me.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Violent Crimes , Wrongful Death

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The St. Johns County Sheriff's office recently arrested James Eugene Whaley, Jr. for sexual battery on a child. Mr. Whaley was arrested after the victim's 8 year old brother stepped up and reported the matter to a family friend. Mr. Whaley was given a place to stay by the victim's father. This case shows the dangers of leaving your children with a stranger or with a person who you do not know very well. It is unknown if Mr. Whaley had a prior record of sexual assaults on children. Mr. Whaley who is only 21 years old faces a long time behind bars for his actions if this case is successfully prosecuted. You can read more about this disturbing story at Babysitter Faces Sexual Battery Charges.

Sexual battery on children take place in a number of settings in the State of Florida including day care centers, schools, summer camps, churches, and community centers. Pursuing a civil case against an individual or business for a child injury caused by sexual abuse / battery is not always an easy task since many insurance policies do not cover the intentional criminal acts of another person. There is, however, a way around this by alleging there was negligence on the part of the day care center, school, or church for the failure to complete a background check, failure to supervise, and / or the negligent hiring or retention of the employee. If your child has been the victim of child abuse or neglect in a day care center, school, or church, contact a Florida Child Injury Lawyer for advice.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Sexual Offenders / Predators , Violent Crimes

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The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Statutory References (Florida) , Swimming Pool & Aquatic Injuries , Violent Crimes

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Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

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An 18 year old man (Bruce Roberts) was recently arrested for attempting to molest a 15 year old at the South Mandarin Jacksonville Florida Public Library. The incident took place in the men's bathroom at the library. Roberts tried to molest the teen in the bathroom. The teen pushed Roberts away and promptly told his mother. Library staff members reported the tag member for a BMW that had dropped Roberts off at the library. The Jacksonville Times Union newspaper reported that Roberts may be mentally challenged. The South Mandarin Library is located in Mandarin which is a suburban area with some commerce down San Jose Boulevard located in South Jacksonville / South Duval County Florida.

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Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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DNA testing begins for Polygamy Sect Members in Texas.

Officials are having problems sorting out family relationships within the sect. Names have been changed and sect members have not been very cooperative with the investigation. As such, Officials will attempt to use DNA testing to re-create and identify family trees. Sect members are suspected of allowing and encouraging underage marriages and sexual relationships. You can read more about the status of the case involving the Yearning for Zion Sect at DNA Tests Begin in Polygamy Case.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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Florida schools and Florida children have problems with bullying.

Even one incident of bullying can scar a child for life and cause serious personal injury to the child victim. In Texas, the legislature passed a statute that defines and sets procedures within the local school systems for dealing with bullying. Laws like these can be helpful but it is virtually impossible to deal with and reduce the incidents of bullying without parental involvement. You can read more about bullying in Texas and the laws that were passed on deal with bullying at Schools Guard Against Bullying but Parents Say More Must Be Done.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Violent Crimes

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A 4 year old child was beaten by a man after the child spilled some milk.

The Florida child suffered injuries to his leg and was taken to University Community Hospital. The suspect initially stated that the child may have fallen in the bathroom. The suspect later admitted that he kicked or stepped on the child's leg with his steel toed boots. You can read more about this story at Kid Beaten Over Spilled Milk.

In Florida, you need to take a test to get a driver's license. There is no such test to be a parent or to have a child. Parents should take notice of incidents like this. There is no reason to beat a child. Spilled milk and most of life's other problems are minor inconveniences rather than "real life" problems.

Children will make messes. Adults do at times as well. While spilled milk is not important, protecting our children is.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes

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Bad mothers sometimes pick worse boyfriends. In York, Pa., a 2-year-old died after mom's boyfriend beat her with game controller.

The boyfriend had a history of abusing the child. On the day of the incident, the mother actually heard the boyfriend beating the child. The mother later called 911 to get assistance for her 2 year old. The mother did nothing until she realized that her daughter was unconscious. The girl was pronounced dead at the Hershey Medical Center. Both the mother and boyfriend were arrested. You can read more about this sad and tragic story at 2 Year Old Died After Being Beating with a Video Game Controller.

Many parents tend to be selfish. A violent and abusive boyfriend and girlfriend should be dumped. Find someone else. Act in the best interest of the child - not your best interest.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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Jacksonville, Florida child injuries resulting from guns has been a problem for many years.

Throughout Florida and the United States, there are 10 - 12 firearm deaths daily to children under 19. If you are a gun owner or know somebody who owns a gun, it is important to take some basic but vital steps to protect and safeguard the weapon.

Our constitution gives us the right to bear arms. With such rights come great responsibility. A website called www.injuryfree.org provides good tips on Florida gun safety and other issues. If you own a gun, print out the list and make sure that you do everything you can to safeguard the gun. Your actions may end up saving a life in the future.

If you have a child or know a child who has been injured by a gun, it is important to have a Jacksonville personal injury attorney review the facts to determine your rights and remedies for the injuries caused to your child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes , Wrongful Death

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Florida children are injured and killed by guns. What happens if a child is negligently or purposely shot? Does Florida homeowners coverage apply? Well, in the words of many lawyers past and present, "it depends". As such, there is not clear cut answer for every case. As such it is important to hire a Jacksonville, Florida personal injury attorney to advise you and guide you through this most difficult and emotional issue.

Some child injuries and death result from crimes and others result from carelessness and negligence. It is impossible to create a complete crime free society; however it is possible to be more careful with guns, store them in a locked container, and keep the guns out of the hands of our children.

The starting place for any case of this nature is the insurance policy. Is there an exclusion for guns? Is there an exclusion for criminal acts? What is the exact language that is used?

Exclusion clauses, like an intentional or criminal act exclusion clause / or gun exclusion clause, are generally considered contrary to the fundamental protective purposes of insurance. As such, Courts will closely evaluate these clauses to make sure that there meaning is clear, concise, and understandable to an ordinary person.

In Hyrnkiw v. Allstate, 844 So.2d 739 (Fla. 5th D.C.A. 2003), the Plaintiff was shot by the son of the homeowners. The Plaintiff claimed that the homeowners were negligent in their supervision of the son and their supervision of the gun itself. The trial court ruled in favor of the homeowners insurance company (Allstate). Allstate argued that there was no insurance coverage for this incident due to an exclusion for intentional acts of the homeowners and / or their son. The Fifth District Court of Appeal agreed and ruled that there was no insurance coverage. While the homeowners could still be sued for negligence and the Plaintiff could pursue damages for his injuries, there was no insurance to cover the damages / injuries. While I do not particularly like the ruling in Hyrnkiw, I recognize and understand the rationale. Hyrnkiw does not apply to every case and every policy. As such, if you or a family member has been injured by a gun, it is important to consult with a Jacksonville Florida personal injury attorney to determine your respective rights including the applicability of homeowners insurance.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Children are placed in Juvenile Detention Centers across the nation when they commit crimes. Ideally, the time spent away from home will improve the situation for the child.

In many cases, however, bad situations get worse especially when the child is abused or neglected by detention officials and other juvenile inmates. A study was recently performed that showed that 13,000 children across the nation were abused or neglected in the juvenile detention system. You can read more about this interesting but tragic study at Associated Press (AP) Finds that 13000 Children Were Reported to be Abused Across the Nation in 4 Year Time Period.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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Bullying is an ongoing and serious problem in Florida schools. What is bullying? Well, it can range from subtle verbal slights to full on physical encounters between students. Surveys have tried to capture statistics regarding bullying. One such survey reports that approximately 10 percent of children survey stated that they had been hit or in a fight. Over 50 % of child surveyed reported being teased or called names.

School can be a wonderful experience for a child . . . then again, it can (at times) be a horrible experience as well. Teachers, administrators, and parents should watch out for any acts of bullying no matter how slight. It is important to teach children (both the aggressor and the victim) about the evils of bullying.

If a child is a victim of a bully in school or otherwise, the parent or supervising adult (teacher, day care worker, administrator, etc. ) may be held liable for the injuries caused to the child. Did the adult know about the propensities of the bully? What kind of supervision was in place?

When dealing with bullying, it is difficult for the parent of the victim. Do I report the incident? Should I go to the principal? Should I call the parent? Each situation is unique and must be approached with care and good decision on behalf of the parent.
You can read more about bullying the the survey results at Bullying Continues to Pose Problems in Schools.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes

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A Detroit, Michigan 7 year old is healing slowly from an eye injury after she was shot by her mother's former boyfriend. Alexis Goodin and her mother were taken at gun point by her mother's former boyfriend.

They were forced into the car and ordered to drive away with the former boyfriend. The boyfriend pointed a gun at the mother and Alexis took the bullet for her mother right in the eye. Alexis shouted, "Don't hurt my mother" as she jumped into the back seat with her mother. Since the shooting, Alexis has undergone 6 surgeries and is undergoing therapy.

This incident shows the dangers of certain relationships. Tempers can flare and the problems escalate when firearms / guns are involved. An innocent child was injured as she was going to the aid and comfort of her mother. Girl Who Took Bullet for Mom Heals Slowly.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Violent Crimes

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Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Statutory References (Florida) , Violent Crimes , Wrongful Death

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An Ocala Florida man faces murder charges in the death of an infant cousin. The Marion County Sheriff's Office arrested Rishi Abraham Ramgoolie for the death of a 5 month old cousin that he was baby sitting. Mr. Ramgoolie gave two different accounts on how he discovered the infant coughing up blood. According to news reports, neither versions supported the physical or medical evidence regarding the injuries. Further investigation will be completed by the Marion County Sheriff's Office and the State Attorney's Office. You can read the story at Ocala Man Faces Murder Charges.

This story shows the importance of having a reliable and trust worthy babysitter in place for your children. Just because a person is a blood relative does not make that person responsible or a good babysitter.

Of course, Mr. Ramgoolie will have the opportunity to defend himself with a private criminal attorney or the public defender. The follow up article to this story revealed that the infant had multiple skull fractures. See Infant's Skull Had Multiple Fractures - Baby Sitter Charged Murder.

If you have a question about a criminal or civil case as a Plaintiff, Defendant, or Victim, it is helpful to have the advice and counsel of a Florida attorney.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Violent Crimes , Wrongful Death

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BB guns and air powered rifles can cause serious personal injury and death to children. It is important that parents monitor the use of BB guns and air powered rifles in the possession or control of a minor. I personally have decided to refrain from such purposes. My kids play and argue with each other and friends all the time. I do not think that a BB gun or air powered rifle are smart purchases. The Consumer Product Safety Commission recommends that children under 16 refrain from using high velocity BB guns or pellet guns.

If a child is injured as a result of the negligent or even purposeful use of a BB gun, pellet gun, or air powered rifle - there may be an action for negligent supervision and / or negligent entrustment. Many of these cases are covered under homeowner's insurance policies. Call a Jacksonville Florida injury attorney for more information on claims of this nature.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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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.

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Economic Crimes , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators , Special Needs Children , Violent Crimes

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In Florida, victims of crimes including child victims can apply for compensation of up to $50,000 from the government. Each incident and case is evaluated by the government on its own merits. If you or a family member has been the victim of a crime, you can contact your local county police department or state attorney's office for information and application for Victim of Crimes Compensation. In Jacksonville Florida - Duval County, the contact information is located at the City of Jacksonville Web Site at Services for Crime Victims.

Chapter 960, Florida Statutes is the applicable law on point.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Negligent Security , Sexual Offenders / Predators , Violent Crimes

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