Florida Child Injury Lawyer Blog

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.

In Florida, day care and school field trips can be great fun and adventure for children. At times, these field trips can also create dangerous situations as well. Supervision and checklists are vital when a day care center or school brings children on a field trip. In West Palm Beach, Florida, it was reported by CBS Channel 12 News that a child was left behind on a trip to a zoo. Fortunately, the child did not sustain any injuries. The child was later safely reunited with his mother. I recommend that day care centers maintain an attendance checklist for all children on the field trip. Take attendance when you leave the day care center, at various times at the field trip location, when the bus is loaded, and when the children exit the bus.

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

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

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

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

In Florida and other States, there is a problem with school and day care providers leaving young children on buses, vans, and other vehicles. The failure to supervise and make sure that all children have exited the vehicle has resulted, in some instances, serious personal injury and / or death of a child. In Kissimmee (Osceola County), Florida, a school bus driver (Benjamin Gonzalez) and and school aide (Carmen Pacheco) were recently charged and arrested for child neglect regarding an incident where a 3 year old special needs boy was left on a bus for 6 hours. The incident was investigated by the Osceola County Sheriff's Office and the Florida Department of Children and Families. It was reported in the Orlando Sentinel that the child did not appear to suffer any significant injuries; nevertheless, his mother did take him to a hospital for evaluation.

All school and day care bus drivers and aide should take all necessary precautions to make sure that children are properly supervised while on a bus and furthermore should make sure that all children safely exit the bus. Fortunately, this child is alive today, nevertheless, this child was negligently left in a very dangerous situation that could have resulted in tragic consequences. You can read more about this story at School Employees Arrested for Leaving 3 Year Old Special Needs Child Unattended for 6 Hours - Kissimmee, Florida (Osceola County).

The Florida Department of Children and Families has ordered that a Waldo, Florida day care center shut down. According to an article in the Gainesville Sun newspaper website, Little People's Palace has been shut down at the order of the Florida DCF. This day care center was previously operating for approximately one month without a license. The Florida DCF had cited with compliance violations. There were also concerns regarding criminal / employment background checks and the history of the owner and employees. In Florida, a day care center can operate under a regular license issued by the State of Florida or a religious exempt status if the day care center is part of a bona fide religious institution. Even religious exempt day care centers have employment screening and background checks as well as other requirements.

Day care licensing regulations are enforced and monitored by the Florida Department of Children and Families. Is it important for day care centers to follow the regulations? Absolutely. Many of the regulations involve staffing and safety measures which help promote the health and well being of the children. These regulations also help prevent the incidence of personal injuries to children in day care centers. Day care center operators who try to avoid regulations often times skip over other details as to safety. When enrolling a child in a Florida day care center, ask for documentation regarding licensure, staffing, and background checks. It is also helpful to contact the local office for the Department of Children and Families to get information on the facility and owner.

In Middleburg, Florida and other parts of Florida, all drivers should exercise due caution when driving near school buses. Children are at risk for personal injuries in school bus accidents. While most school buses are large and yellow or orange in color, many drivers on Florida roads still fail to notice or yield to school buses. Not only is this dangerous to children - it is also quite dangerous to any driver / passengers crashing into the typical school bus which is a large and heavy vehicle. A tragic accident took place in Clay County Florida when a Pontiac sedan failed to stop as a school bus was turning. Two people died as a result of the accident and at least four children were treated for non life threatening personal injuries. You can read more about this accident at Fiery Crash in Middleburg, Florida Involves School Bus.

A 9 year old girl in Deland, Florida recently reported that she was the victim of an attempted kidnapping / abduction as she was walking home from a school bus stop area. The girl reported that a man grabbed her. The girl then screamed. Thereafter, the man ran let her go after the screams and after possibly being scared away once he was spotted by a motorist.

This incident shows the dangers of walking home from a school bus stop. Many working parents are not able to pick up their children from school or at a bus stop area. This, in turn, puts a child in danger for abduction, kidnapping, and injury. Parents should do their best to arrange for supervision and safety precautions for children walking home from bus stop areas. If a parent cannot personally be there, arrangements should be attempted with other parents. In addition, a buddy system should be arranged for children who do not have parental or adult supervision when walking home from a busy stop area.

You can read more about the incident in Deland, Florida at Dangers of Bus Stops for Elementary Aged School Children.

In day care centers throughout Florida, felons have been hired to supervise the health, safety and well being of children. In some instances, the day care worker had a history of violence against children. Yet, because of flaws in Florida law and / or lack of due diligence on behalf of the day care center, dangerous individuals have been hired and continue to be hired by Florida day care centers. Florida law allows day care centers to hire a day care worker first and then conduct a background search after the worker has been working with the children. Obviously, this is a dangerous approach that results in many hires that should have never been made or even considered. You can read more about these issues at the Orlando Sentinel - Is a Felon Supervising Your Child at a Florida Day Care Center?

Day care centers in South Florida and the rest of the State have a duty to provide safe transportation when this service is provided as part of the day care program. The day care center should make sure that the driver has a valid driver's license and experience and training in driving the day care vehicle, van, or bus. Driver inattention, distraction, and negligence can prove to be quite dangerous when children are being transported. In Davie, Florida, a daycare van operated by the Nob Hill Academy recently collided with three other vehicles in an automobile accident. Seven children suffered personal injuries as the result of the crash. Most of the accident victims were transported to Memorial Regional Hospital - Hollywood, Florida for treatment and evaluation. News report state that the day care van driver failed to properly stop for a yellow school bus. One of the accident victims (an adult) was reported to be in critical condition.

You can read about this story at Day Care Center Van Accident in Davie, Florida Causes Injuries to Children and Adults.

The Centers for Disease Control (CDC) has issued guidelines for day care centers through the nation in preparation for the Swine Flu. There is a real danger of the spread of Swine Flu through day care centers. One infected child or child care worker could spread the Swine Flu throughout the day care facility. As such, it is important for day care center operators and managers to be proactive in their attempts to prevent or limit the spread of Swine Flu. The Centers for Disease Control has recommended that day care centers take the temperature of children entering the day care facility. Those children who are healthy can remain in the day care center. You can read more about this protocol at Daycares Issued Protocols for Dealing with Swine Flu.

In addition to following the protocols or recommendations of the CDC, day care centers should follow their own policies and procedures as well as the regulations set forth by the regulatory agency for that particular State. Many personal injuries and illnesses can be prevented or limited by the following the rules and regulations for the day care center.

In Orange City, Florida, a 4 year old girl wandered out of a day care center near a busy highway. This incident could have had a tragic ending if the child suffered serious personal injuries or wrongful death. Fortunately, the child wandered near a safe place - another day care facility. The little girl was quite upset when she was discovered near the other day care center. Kids Learn and Play is located in Orange City, Florida. Some how, the 4 year old was wandered out the door and near a busy street. The child was missing for 13 minutes before the owner called for help. The story was covered by Fox 35 Television News (Orlando) and a video can be viewed about this story.

One of the basic responsibilities of a Florida day care center is to properly supervise children. It is vital that day care centers secure the facility and playground so that curious children, who do not by their age and immaturity lack the ability to recognize dangers like traffic, are not injured or harmed.

Parents, who have their children in day care centers, should inspect the facility and ask staff what measures are put in place to supervise the children and prevent the children from wandering away from the facility.

Getting publicity can come back to bite you. In Bradenton, Florida, a snaker trapper claimed that he trapped a Python snake near a day care center. The fact of the matter is that Justin Matthews, supposed hero for protecting children and others from this snake, is actually, in my opinion, a zero. Mr. Matthew staged the event. State wildlife investigators determined that Mr. Matthews had concocted the story line of the his heroic capture. Mr. Matthews did not expect the story to get so much attention and press.

It would appear that Mr. Matthews staged the event to get publicity for his business and try to add some focused attention on his claimed expertise and skills in capturing snakes.

Mr. Matthews should not have staged the event or incident especially if it put any children or others at risk whatsover. What if someone got hurt during this stunt? What if the snake escaped while under Mr. Matthews' watch? What about the emotional trauma or fear that the snake may have caused for children and others in the area of the faked or staged snake capture?

You can read more about this story at Snake Capture Was Staged Near Day Care Center in Bradenton, Florida.

In Florida and other states, there has been a debate for years of the use or the ban of restraints. Some school official would like the option of restraining a disruptive child including those with ADHD, Autism, and other disabilities. Many parents and advocates for disabled children recommend the ban of such restraints. The improper and / or excessive use of restraints on children including disabled children can cause serious physical personal injuries and, in some cases, wrongful death. Whether or not a child suffers personal injuries, there is typically emotional / psychological injuries that result from the restraint of a child. The Associates Press and the Florida Times Union recently reported on the debated use or ban on restraints. It is important for children including autistic children to be taught in a safe environment by teachers and aides trained to educate and mentor these children. In my opinion, the hazards and abuses of restraints far outweigh any so called benefits or protections resulting from their use.

August is Back to School Time for most children in North Florida including Duval County, St. Johns County, Clay County, and Nassau County Schools. When children return to school, everyone is affected and everyone should watch out for children. School buses are out in force. Most school buses are big yellow school buses. When driving near a school bus, slow down and stop when required by Florida law. Many children walk or ride their bicycles to school. Slow down for these children. As you may know, children often time lack good judgment when riding their bicycles and crossing streets. Slow down in school zones. Speeding in a school zone will get you a traffic citation and a higher fine. More importantly, speeding in a school zone puts children, teachers, and others in danger. Slow down.

Traffic will inevitably be affected and slowed down during morning and afternoon hours. Be patient while on the roads. Having our children in schools and be properly educated are priorities for our community. If the traffic takes a few minutes out of your day, take a breath and realize that a few minutes here and there will not drastically change your life; however, speeding in school zones or where children are crossing streets or riding bicycles can change a life and the lives of others as well.

In New Port Richey, Florida, a terrible playground incident was recently reported involving a 3 year old girl. The incident took place at the Footprints Pre-School and Child Care Center. A teacher found the 3 year old girl unconscious with a tetherball rope wrapped tightly around the little girl's neck. I question why a tetherball set or rope was in place at a pre-school. The typical tetherball playset can be extremely dangerous to small children. This is especially true when the children are not properly supervised and use the equipment in a dangerous manner. It would be interesting to know what particular equipment was in place at the pre-school. In addition, what rules or protocols were in place at the day care center for sports equipment? What were the supervision procedures for playground activities?

A spokesman with the Department of Children and Families stated that DCF is investigating the incident to find out what happened and how a tetherball rope without a ball became wrapped around the child's neck. You can read more about this incident at Day Care Center Child Found With Rope Around Neck.

UPDATE TO THIS STORY: From Hero to Zero - Snake Trapper Staged Capture Near Day Care Center. Mr. Matthews failed to inform the students, parents and others that he staged this capture. The truth only came out at a later date.

Justin Matthews is a hero to some day care students and their parents. Mr. Matthews, who is a wildlife expert, recently captured a 14 foot python snake that was spotted near a day care center. The snake was apparently big enough to kill and eat an 8 year old child according to Matthews. You can read more about this story and see a video at P Python Snake Captured Near Florida Day Care Center.

Stories like this show the importance of maintenance and safety at Florida day care centers. Whether it is a snake or a broken pipe or a playground in disrepair, a day care center has a duty to remedy the danger and provide a safe environment for children.