Florida Child Injury Lawyer Blog

In Cocoa (Brevard County), Florida, a day care worker (Rondalyn Dixon) was arrested for leaving a 19 month child unattended in a hot day care van. It was reported that the child was left in the vehicle for about 15 minutes. When deputies from the Brevard County Sheriff's Office arrived, the temperature was 102 degrees. Leaving a small child in a van in the brutal summer heat of Florida can lead to tragic consequences and even death to some children. See Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida. Day care centers throughout Florida and the rest of the United States need to go back to the basics when transporting children. Simply stated, make sure all children are properly on the bus / van and make sure that all children properly depart or are removed from the bus / van. The best way to protect children is to have written policies in place, have checklists in place, and follow them every time. When a bus driver departs a bus / van at the end of a run, the bus driver should check every seat and part of the vehicle to make sure that all children have exited the bus. Checking and double checking a simple checklist can and will save lives and prevent personal injuries to children . . . it will also keep day care providers from being arrested for neglect charges in leaving a child unattended in a day care bus or van.

You can read more about the arrest of the Cocoa, Florida day care worker at Child Forgotten in Hot Day Care Van - Worker Arrested. See also Day Care Center Transportation - Driver's Logs Can Save Live and Preventing Deaths to Children in Hot Cars: What Can Florida Day Care Centers Do to Prevent These Wrongful Deaths?

The Palm Beach County Medical Examiner, according to a report in the Sun Suntinel, has confirmed that the death of 2 1/2 year old Haile Brockington was caused by heat stroke. While there is an investigation by various law enforcement and child care government agencies, it appears that the death was preventable if the policies and procedures for transportation (namely the driver's log) were properly followed by the day care center - Katie's Kids. Now, the family is grieving and trying to pick up the pieces from this horrific tragedy.

When a child loses both parents at a young age, there is a term for this - orphan. When a husband or wife loses a spouse, there is a term for this - widower or widow. When a parent loses a child, there is no term for this. The pain of the parent and family is also indescribable and unimaginable in many ways. This is especially true when the death is unexpected and wholly preventable. When a parent takes a child to day care, the child should be supervised in a safe and nurturing environment. Day care centers should place safety above everything else for children in the Florida day care center.

You can read more about this story at Family Still Seeking Answers in Toddler's Death at Day Care Center.

In Florida and other States, children continue to suffer personal injuries and even death when left unattended in a hot car, day care van, or school bus. These tragedies are wholly preventable with proper supervision and policies in place to make sure that every child is accounted for and, yes, that no child is ever left behind. Pursuant to the Florida Administrative Code, Chapter 65 C, Section 22.001 (6) F - Transporation, a day care center has the duty to maintain proper staff to child ratios when transporting children. In other words, there needs to be sufficient staff in place for the number of children being transported. Furthermore, a log is required to be maintained that should include the child's name, date, time of departure and time of arrival, signature of driver and signature of staff member to verify the driver's log and, most importantly, to verify that all children have left the vehicle. In addition to documenting the driver's log, the driver has a duty to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for. Furthermore, upon arrival, a second staff member is required to conduct a physical inspection and visual sweep of the vehicle to make sure that all children are accounted for.

The aforementioned procedure (if properly followed) can and will save lives. Unfortunately, too many children have lost their lives due to being left unattended and alone in a hot day care vehicle, school bus, or vehicle. The plight of Haley Brockington recently made headlines. Haile was left in a day care van for up to 6 hours. While autopsy results are pending, it appears that Haley died as a result of hyperthermia / heart exhaustion and the related complications. A small child simply cannot survive in a parked car in this Florida summer heat with no air conditioning for an extended period of time. See also Haley Brockington's Mother and Family React to Death of Child See also Investigators to review findings of investigation into tot's death at a Delray Beach day-care center.

While not all child care providers may be subject to this Florida Administrative Code provision, I would recommend that all child care providers including schools, all day care centers, summer camps, church groups, and, yes, even parents, grandparents, and family friends follow this procedure. While a parent or grandparent is unlikely to use a driver's log, it may be helpful to have a checklist in the car to make sure that all children are out of the car. Some use a stuffed animal as a reminder. Others leave a purse or another item in the backseat as a reminder to remove the purse or item and, more importantly, the children from the vehicle upon arrival at the trip destination. While not all automobile accidents or other unexpected tragedies can be avoided, the death or injury of a child mistakenly or negligently left in a vehicle can absolutely be avoided.

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.

In Delray Beach, Florida, a 2 1/2 year old girl, Haley Brockington, was the unfortunate victim of a tragic death. It was reported in the Palm Beach Post and other news sources that the child was left in a day care van for up to 6 hours before she was found. The brutal heat of Florida's summer can cause the death of a child in a much shorter time. Due to the age of the child and circumstances of her death, an autopsy will be performed to determine the official cause of death and if there were any causes other than the suspected hyperthermia / heat stroke that was the cause of this little girl's death.

The family placed Haley Brockington in the hands of the day care center in the morning only to find out she was dead later that day. There were be several legal issues involved in a death of this nature including the following:

What was the official cause of death?

Who was responsible for the transportation of the children?

Did the day care center have a checklist or procedure in place for removing children from the van?

Who was responsible for taking roll call or attendance of the children in the facility?

Where the van parked during the time period that the child was left in the van?

What training did the staff have in transporting children? caring for children?

Was the death avoidable?

Will criminal charges be pursued through the State Attorney's Office?

The temperature high for South Florida was 91 degrees at the time of the incident. Since the temperature in a vehicle can be quite higher for a child left in a vehicle without air conditioning, there is a strong likelihood that the child died from hyperthermia. You can read more about this story at Child Found Dead in South Florida Day Care Center Van.

Children falling from windows and balconies may seem rare but these tragic events occur more frequently then you may think. In fact, falls cause approximately 2.5 million injuries, which require hospital treatment, in children 14 under. Accounting for more than 50% of those falls, are children under the age of 5-years-old. Plus, 80% of these types of accidents occur within the home.

It has been suggested by child experts that a window screen is an insufficient method to protect one’s child from falling out of a window; a child window guard would be the optimal preventative measure.

It is a parent’s primary responsibility to protect and supervise his or her child. However, even the most attentive parent can be distracted. Inevitable distractions coupled with the fact that the majority of falls occur during the time of day when children are most active (e.g., during the hours of playtime) are the main factors to support the installation of a child window guard. These factors present themselves too frequently. A parent can be watching their child, mid-afternoon, and the phone rings. The parent leaves the room to answer the phone and is gone for no more than 10 seconds. Although short in time, this duration is actually long enough to result in a terrible accident. Installing a child window guard would not only shield parents and their children from experiencing a fall, but it would also give an additional sense of security throughout the home; something every family could use. Window guards at homes, schools, day care centers, and other locations where children are present can also protect other children as well. The investment in a proper window guard system is well worth the protection it can provide to children.

To read more about this topic see Child Window Guards.

A new Florida law will make it more difficult for people to become caregivers for children, the elderly, and disabled adults. Caregivers will now have to pass a nationwide background check before they can begin working. The law was unanimously passed by the Florida Legislature and will take effect August 1.

The new law was the result in part from a Sun Sentinel investigation that revealed disturbing facts about the people who were hired to work as caregivers. This group of people consisted of people who had been previously convicted of rape, child abuse, and murder. Under the outdated laws, people with criminal histories could still work as caregivers if they obtained an exemption stating that they were rehabilitated. In previous years more than 8,700 people were granted exemptions. Among this group of people were sex offenders and convicted murderers.

Obviously, the laws previously in place were not effective and put children, the elderly, and the disabled at risk. The prior laws allowed placement of dangerous and untrustworthy people into positions of trust and responsibility. After media attention sparked a public outcry for reform, the new Florida laws were adopted. Now, top Florida state officials will have to approve any exemption made for people with a prior criminal history. Also, the new law permanently bars sex offenders and career criminals from ever working as a caregiver.

Children, the elderly, and the disabled adults are susceptible / at risk of being taken advantage of and the new Florida Law should help weed out those who should not working in day care centers, nursing homes and other caregiver environments, locations, and facilities. An injury lawyer may be able to help you on any issues that stem from caregiver abuse including serious personal injuries.

If you would like to read more about this top see Florida Caregivers Undergo Stricter Screening Procedures.

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 Florida and other States, there is a problem with supervision at some day care centers. It is vital for each and every day care center to properly and consistency supervise children in the facility. Day care centers should have a list in place and make sure that each and every student / child is accounted for during the day. If children are allowed to wander out of the facility, absolutely horrible things could result including serious child personal injuries and in some instances even death. There is also a risk that the child could be abducted or missing for extended periods of time if a child is allowed to wander out of a facility. It is well known that children have poor safety awareness and are very curious. In other words, children do not always recognize the dangers of leaving a day care facility without proper adult supervision. In Holly Hill, Florida a day care center is facing fines and other government sanctions for an incident in which 2 children from the facility wandered out of the day care facility without proper supervision. As noted by Reggie Williams, an administrator with the Florida Department of Children and Families, there is a risk of injury when children are able to get out of a day care center. You can read more about this story at Holly, Hill Florida - Beautiful Beginnings Child Care Center Faces Fines for Violations of Day Care Regulations.

Small children are at risk for choking on every day foods. In particular, choking risks are increased with hard objects like candy, hot dogs and carrots. Because of the development of child and the size of their airways, parents, day care providers, and other child care providers should be observant of what the child eats and be ready to address any potential choking hazards or incidents.

Vincent Iannelli, M.D. - an author and Board Certified Pediatrician, wrote an excellent article that provided a list of foods and objects that pose a choking risk for children. (See Choking and Choking Hazards for Children) The list included the following:

-hot dogs
-popcorn
-peanuts
-raw vegetables
-whole grapes
-large cubes of cheese
-hard candy and gum
-soft candy like caramel
-coins
-marbles and small balls
-parts of balloons.

Child care providers should be careful to supervise what is given to a child and what is accessible to a child. A bag of grapes or carrots left in a purse on the floor can easy lead to tragedy and personal injuries to a curious child.

In Lighthouse Point, Florida, a driver crashed his vehicle into a day care center. It was reported that he mistakenly hit the gas pedal / accelerator rather than the brake peddle. His child was in the vehicle at the time of the crash. No personal injuries were reported as a result of this incident. Interestingly enough, there have been other crashes into day care centers around the nation. You can read more about this story at Driver Crashes into Lighthouse Point, Florida Day Care Center.

In Florida and other States, a day care center has a duty to provide supervision of children while under the care of the day care and child care providers. Supervision is important for a variety of reasons. One such reason is to keep the children safe from harm. If a child is permitted to wander away from a facility, there are a host of tragedies that could happen. The child could get hit by a car. The child could get bit by a dog. The child could be fall into the hands of a child predator. All of these things could lead to serious personal injuries and, in some cases, even the death of a child. Supervision along with policies and procedures are key ingredients to the safety of a child in a Florida day care center. In Holly Hill, Florida, a day care center (Beautiful Beginnings Child Care Center, is being investigated after an incident in which 2 of the children were found by a neighbor after they wandered away from the day care center. While there were no personal injuries reported, it is important for the day care center to review its policies and procedures as well as the incident itself to make sure that this does not happen in the future. You can read more about this story at Holly Hill, Florida Day Care Under Investigation by the Florida Department of Children and Families.

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 fire forced the evacuation of a Jacksonville, Florida day care center. The day care center is located on Soutel Drive. The Jacksonville Fire Department responded with 45 rescue units and approximately 70 firefighters. Day care workers evacuated the 24 children at the center as well as the staff. One adult needed medical care at a hospital.

Fortunately, tragedy was avoided since no serious personal injuries or deaths were reported of the children enrolled in the center. This incident is a good teaching point for day care centers to prepared for fires and other unexpected emergencies. Getting the children to safety is paramount to everything else. You can read more about this story at Fire Hits Jacksonville, Florida Day Care Center.

In Jacksonville, Florida, parents, who put their children in day care centers, have enough to think and worry about during the typical day including the following:

How am I going to get my child to day care?
How is my child feeling prior to going to day care?
What kind of supervision is provided at the day care center?
What kind of staffing showed up for work that day?

In addition to the above concerns and many others, parents in Jacksonville, Florida also had to worry about robbers who were targeting mothers taking their children or picking up their children from day care centers. The Jacksonville Sheriff's Office reported that two suspects targeted over 20 mothers taking their children or dropping off their children at Jacksonville / Arlington day care centers. You can read more about this story at Robbers Target Day Care Mothers.

In Jacksonville, Florida and other cities, millions of people are using Craigslist to find day care providers and to serve as child care providers. The ease of use as well as the cheap costs if any of websites like Craiglist is both a blessing and a curse. It is a blessing because it allows parents to find child care providers with ease. It is also a blessing because it allows those who want to provide child care services to advertise to millions of people in an effective manner. It is a curse or a danger because there is no quality control or oversight to speak of when responding to or posting for day care positions or services on Craigslist and related sites. While it may be fine to buy a CD or bicycle through Craigslist, it is quite another thing to find a quality babysitter or day care provider. First Coast News Jacksonville recently posted an interesting article on this topic at> Finding a Child Care Provider Online - Is It Safe? I recommend that parents be very careful when selecting a day care center.

In Florida and other States, children continue to be kidnapped and abducted every year. Because of their size, immaturity and at times poor judgment, children are often times easy victims for those intent on abducting and harming children. Gary Belson is a security expert and a teacher who uses his knowledge and experience to teach children about kidnapping and safety. The case of Carlie Brucia is a teaching tool that Belson uses in the classroom to help teach the children about safety. Carlie Brucia was abducted at a car wash. A surveillance video captured the abduction. In the video, a man is showed holding Carlie's arm and leading her away. Belson instructs children on how Carlie may have been able to fight back and get out of this dangerous and ultimate deadly situation. Of course, the best safety measure is to stay out of dangerous situations and to have parental or adult supervision at all times possible. You can read more about this story at Jacksonville, Florida Elementary Students Get Lessons and Instructions Regarding Child Safety.

In Florida and other States, working parents rely on after school programs including those at the YMCA. It is vital that school and after school programs have checklists and a system in place to insure that children are transported on the correct bus to the correct location. Otherwise, a child may be left unsupervised and be at risk for personal injuries. In Lakeland, Florida, Kaylee Mitchell (age 5) was mistakenly taken to an empty home rather than to her after school program at the YMCA. Fortunately, Kaylee did not suffer any injuries but was certainly was put in a dangerous situation. The school apologized for the mistake. Hopefully, checklists and other safety measures will be followed or revised to make sure that this situation is not repeated as to Kaylee or any other children. You can read more about this story at 5 Year Old Lakeland Girl Transported to Empty Home Rather Than After School Program.

In Florida and other States, there are a number of babysitting courses available that help educate responsible children and teens about the responsibilities and duties of a babysitter. A formal babysitting class ranges in length from a one to two day course typically. Children learn about CPR, choking, 911, emergency situations, communication with parents, communication with children, and other tasks. I believe that taking a babysitting course is a responsible step or action by both the babysitter or the babysitter in training as well as the parent of the babysitter. It is a milestone in a way for the babysitter that definitively states that, "I am now older and have responsibilities." When a child / teen completes the babysitting course, praise and recognition should be given. It is also important for parents to have a discussion with the babysitter who completed the training to find out what was learned, what was retained, and what actions / steps will be used by the babysitter when completing a babysitting job. The money and time spent in a babysitting class are certainly well worth it when you consider that the education will benefit both the babysitter and the children supervised by the babysitter. In Jacksonville, Florida, the JCA (Jewish Community Alliance) has an excellent babysitting course that is offered periodically at the JCA located at 8505 San Jose Boulevard, Jacksonville, Florida 32217 - (904) 730-2100.

A judge recently imposed a sentence of life in prison to a man accused of shaking his 2 1/2 month old child to death. Ventrel Gammons was the father accused of the crime of first degree murder and aggravated child abuse. The incident, according to prosecutors and investigators, took place at the family home in May 2007. Mr. Gammons' attorney argued that there was no evidence to support that Gammons abused or harmed his child. While it was not detailed in the Florida Times Union article, it would appear that this case involved medical testimony and evidence regarding Shaken Baby Syndrome and the associated head / brain injuries involved in such a case.

Parents, day care providers, child care providers, family members, and babysitters should never ever shake an infant, toddler, or child for disciplinary purposes or play. It is well known that shaking a baby can cause irreversible brain injury and in many cases - wrongful death.