Florida Child Injury Lawyer Blog

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

Parents in Jacksonville, Florida recently withdrew their Autistic son from school due to an incident that recently took place in the school hallway. Lawrence Feagin actually witnessed his son being dragged by the school principal down the hallway. Mr. Feagin and the boy's mother, Jane Jackson, state that their son is Autistic. Ms. Jackson added that her son does not have the ability to verbalize and that he is not aggressive.

Autistic and other special needs students need to be supervised and cared for in the school system with an understanding and recognition of their abilities, disabilities, and individual characteristics. You can read more about this story at the Florida Times Union Website.

If your child has been injured or harmed in a public or private school, contact a Florida Child Injury lawyer for advice regarding the rights of your child.

Polk County, Florida Sheriff Grady Judd is famous for his crackdowns on child predators, especially those who try to lure children over the Internet. He added another child predator suspect to his list recently, when he arrested Sikes Elementary School principal Corey Lynn Swindler on charges of sexually assaulting a young girl. Sikes Elementary School is located in Lakeland, Florida.

The alleged victim is an eleven year old girl and the child of a family friend. It was reported that Swindler knew the child / family for about 10 years. Swindler allegedly began abusing the girl when she was only five years old. Swindler has been charged with one count of sexual battery on a child under 12 years of age and six counts of lewd molestation on a child less than 12 years of age; he reportedly confessed to the lewd molestation charges after being arrested, but not to sexual battery.

Police say they have no reason to suspect that Swindler abused any children at the school he was in charge of for the last three years. The school district has placed him on administrative leave.

Parents should be able to send their children off to school without worrying if the principal is a child molester. If guilty, Swindler has certainly broken the trust of the parents at his school. Swindler is entitled to his day in court, but if he is convicted of these crimes, parents can breathe a little easier knowing that he will never be able to work with children again. Read more about the charges at Polk principal arrested for sexual battery on a child.

If you suspect that your child has been the victim of sexual abuse, it is important that the incident is reported to law enforcement authorities so that a criminal investigation can be pursued. The best place for a child predator is behind bars and away from children.

Children have rights and civil causes of action to pursue for sexual abuse and assault. In addition to the predator, there may be others including private businesses and school districts that are responsible for the harm inflicted upon the child. A consultation with a Florida Child Injury Lawyer can help answer many legal questions involved in sexual assault / molestation cases.

According to the Polk County, Florida Sheriff’s Office, John Stelmack was arrested after an investigation which revealed that he had allegedly created and was in possession of child pornography. Stelmack is the principal of Scott Lake Elementary School in Lakeland, Florida. He was suspended from his job by the Polk County School Board a week before his arrest, for an administrative investigation. In the course of the investigation, representatives of the school board found five images of child pornography in a briefcase seized from Stelmack’s office. School board representatives then contacted the Polk county Sheriff’s Office with their findings.

Stelmack allegedly often took pictures of his students at school and then used a computer to digitally superimpose their faces onto the bodies of nude children. At least one of the children, featured in four of the images, was positively identified as a ten year old female student at the school. Another female featured in the other photos has not been identified. A search of Stelmack’s home has yielded another ten to twenty digital images which may be considered child pornography.

Stelmack is fifty three years old and is married with two adult children. He has been charged with five counts of possession of child pornography and is being held with a $100,000 bond. To think that someone who has been entrusted with the safety of hundreds of children would do something like this is incomprehensible.

Of course, Mr. Stelmack has the right to representation from a criminal defense attorney or public defender for these charges. He may argue that the photos were not created by him or were otherwise unknown to him. If a plea deal is not secured, evidence will need to be presented at trial to prove up the charges. Forensic evidence should be yielded by examining the computer, digital camera, fingerprints,and other items.

Find out more about the arrest of school principal John Stelmack on child pornography charges at Principal out of jail after child porn arrest.

If your child has been the victim of a sexual predator, please contact our firm for expert legal counsel.

Three children, one as young as two years old, escaped undetected from a Grace Community Schools daycare center in Cape Coral Florida. The children crossed a busy street where they were gathered up by concerned onlookers. Moments later a few of the school’s employees came outside to look for the kids. One of the onlookers, Nicholas Nuzzi, called the Cape Coral police department to report the incident. He also made a report to the Florida Department of Children and Families.

The Florida Department of Children and Families has confirmed that it is investigating the complaint, and that this particular incident is one of several charges of abuse and neglect made against Grace Community Schools’ schools and daycare center operators. Because the schools are run under a religious exemption, they are not licensed or inspected by the state. Read more about this daycare at Toddlers escape from Cape Coral daycare.

In Florida, a day care center can operate under a religious exempt status if the day care center is part of a bona fide religious institution. But even religious exempt day care centers have employment screening and background checks as well as other requirements. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care center where they will be leaving their child, whether the daycare is state licensed or not.

If your child has been subject to abuse or neglect while in daycare or elsewhere, please contact our firm for expert advice from experienced child injury lawyers.

A recent Opinion/Editorial piece in the Bradenton Herald served to remind Florida drivers that they need to take more care when getting behind the wheel. The article cited several examples of recent news reports covering drivers who seem to be totally ignorant of the law. Of course, everyone should know that it is against the law that it to run red lights or stop signs, but too many drivers completely ignore, or do not bother to learn, some of the other laws that govern driving in our state.

For example, if a school bus is stopped with red light flashing, all cars in both directions must come to a complete stop so that the children exiting or boarding the bus can do so safely. It does not matter how many lanes the road has, as one young woman who received a $271 ticket believed. It also does not matter if you are on the other side of the road, unless there is a raised median or some other barrier separating the lanes. The Manatee County, Florida Sheriff’s Office recently conducted an enforcement operation near local schools, watching for motorists who ignored this law. Deputies handed out 59 citations for failing to stop. Almost all of the ticketed drivers claimed they did not know they had to stop if they were travelling in the opposite direction of the bus.

Too many children are injured or killed in traffic accidents near schools. Drivers need to be aware of and follow the applicable Florida laws and drive using extra caution and patience when driving near a school or school bus. Drivers who want to be safe, avoid fines and possibly save someone’s life should read the Official Florida Driver’s Handbook and take it to heart. To find out more about frequently overlooked Florida traffic rules, visit Drivers must learn, obey Florida traffic laws.

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.

Juan Carlos Rivera, age 17, was stabbed to death in a South Florida high school hallway last September. At the time, not many details were released. Andy Rodriguez, age 17, has been arrested for the fatal stabbing, and police and prosecutors are now reporting more details of the crime.

According to prosecutors, Rodriguez took a knife to school because Rivera had given him a dirty look. Rodriguez told investigators that he and Rivera later bumped elbows in the hallway, prompting him to stab the other teen with a box cutter. In a video statement released by prosecutors, Rodriguez admitted that he stabbed Rivera in the side with the knife. The statement also included school surveillance tapes, witness transcripts, police reports, and the autopsy report on Rivera. According to the autopsy, Rivera was stabbed five times, including a fatal stab to his heart.

The surveillance tapes show Rodriguez running away from the scene in a bloody shirt. Rodriguez's attorney has stated that his client was threatened by Rivera and believes that his client has a solid self-defense claim. Rodriguez himself has no criminal history, but police records indicate that they have responded to domestic violence calls to his home on numerous occasions, at least one including a report of a knife fight including several family members. Rodriguez has been charged with second-degree murder, and has pleaded not guilty.

It is very sad that a young person's life was cut short due to senseless violence. Teens settling matters with fists, knives, and / or guns has become all too common in our schools. When children have a problem at school or with others, it is vital that they feel comfortable to seek advice from parents, elders, and mentors. Revenge for a dirty look is not worth the loss of a teen's life, or the consequences to be paid by the guilty party. Read more about this tragic teen stabbing at Police release statements in school stabbing case.

Two male sixteen year old students at Norland Senior High School in Miami Gardens, Florida, got into an argument in their classroom recently that ended with a stabbing. During the altercation, one of the students allegedly pulled out a hair comb and stabbed the other child. The victim was hospitalized at Joe DiMaggio Children’s Hospital in Hollywood, Florida. Neither of the students’ names has been released.

Another student who witnessed the fight reported that it was over who would get a certain seat in the classroom. He said that one boy stabbed the other in the head with a hair pick, drawing blood. The entire school was put on lockdown until the suspect could be arrested. He has been charged with aggravated battery.

It was barely two months ago that Juan Carlos Rivera, a seventeen year old high school student, was stabbed to death in Coral Gables (Miami), Florida. While these incidents are very disturbing, some good can come of them; they can serve as teaching tools for parents and educators to discuss problem resolution with children. Settling matters with violence is never the right answer. Someone will get hurt and the person striking out may face criminal charges. It is vital that children are taught to control their tempers and settle matters without violence.

Read the full news story at Student allegedly attacks classmate with hair comb.

The school board of Miami-Dade County will soon be discussing a proposed rule that would ban school bus drivers from texting while on the job. Under the new rule, drivers would still be allowed to carry cell phones, Blackberries, or other communication devices, but would be limited to using them in case of an emergency. If approved, the rule would affect any employee of the Miami-Dade school system while they are driving a district-owned vehicle. The measure also requires that a hands free device be used for any phone calls while driving.

Texting while driving is undoubtedly dangerous. Driver distraction caused by electronic devices is unfortunately a growing trend that can lead to automobile accidents, serious personal injuries and wrongful death. It is a shame that adults cannot simply use common sense and pay careful attention while operating a moving vehicle. As a child safety advocate, I support rules and legislation that will protect innocent lives on the highways. The price of wating a few minutes to send or read a text message is more than worth the cost of preventing potential injuries and lost lives.

Read more about the proposed ban on texting school bus drivers at Board considers texting ban for school bus drivers.

The Panama City News Herald Website reported that a school bus and semi truck were involved in an automobile accident. A child suffered a minor head injury. The semi truck driver also suffered injuries.

During the school year, there are a great number of school buses on Florida roads. It is important for school bus drivers to exercise due caution and to drive in a safe manner. For those driving near school buses, slow down and give school buses plenty of space on Florida roadways. It is also especially important to stop when required to allow students to load and unload from the school bus.

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, 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 Miami, Florida, a high school teacher (Frank Matthew Galatas - age 28) was arrested on allegations that he molested a 14 year old boy. According to a news story posted at the Miami Herald website, Galatas is being accused of molesting / performing oral sex on a 14 year old. Galatas has a profile posted online at Amazon. com where he describes himself as a religious man or "servant of god".

The allegations against Mr. Galatas are most serious. If he did perform the acts alleged by the 14 year old, Mr. Galatas should serve prison time for these acts. Of course, Mr. Galatas will have the right to defend himself against the allegations. It is uncertain what evidence the State Attorney / Police have against Mr. Galatas other than the statements of the 14 year old.

The Roman Polanski case involved an adult (Roman Polanski) and a 13 year old girl. It is interesting that actors and other directors have lobbied or supported Polanski yet these same people probably would not hesitate to imprison Mr. Galatas if Galatas committed these crimes. Does fame or fortune excuse bad or criminal acts? Does the passage of time make a crime any less that the crime is? I do not think so. People who take advantage of children by molesting them should be punished and serve prison time. This applies to any person whether they are a teacher, director, or do any other job in job. A crime is a crime - plain and simple. You can read more about the Galatas story at Southridge High School Teacher Accused of Molesting Student.

In Florida, elementary schools are required by the Florida legislation to provide for character education and instruction. While the Florida legislator requires this type of instruction, it did not provide for a specified curriculum for this kind of education. I strongly support life lessons and character education in schools. Having a knowledge of Math, Science, and English is certainly important. It is also vital that children are educated on how to be good people and how to get along with others. Respect, kindness, and forgiveness as well as other character trails are certainly a part of education that a young child should have in elementary school. You can read more about these important programs at Florida Children Taught Character in Schools.

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).

Even though officials in other Florida counties have decided against using a nasal form of the H1N1 vaccine, Santa Rosa County, Florida officials have approved using the nasal vaccine, because it is less traumatic for children. The counties that declined to use the nasal vaccine cited concerns that the version of the virus used in the nasal vaccine might actually spread the virus. The Santa Rosa School District has made an effort to educate parents about their vaccination options.

No child will be given the vaccine without the permission of their parent or guardian. Parents who are unsure of which vaccination method is best for their child should contact their family physician / pediatrician.

Find out more about the H1N1 nasal vaccine at Santa Rosa to administer H1N1 vaccine.

Somer Renee Thompson of Orange Park Florida was walking home with two siblings when they got into an argument and Somer ran off alone. Her mother notified police when she failed to return home. She was last seen on October 19th, at around 2:45 p.m. Approximately 100 deputies and detectives from the Clay County Sheriff’s office have been sent out in search teams to help find the girl. The St. Johns and Jacksonville Sheriffs’ offices have also sent personnel to the area, and FBI and Florida Department of Law Enforcement officials are on the scene as well.

Police are concerned by a similar incident that occurred ten days before Somer’s disappearance; two men and a woman in a blue Nissan tried to talk a five-year-old girl into their car. The girl screamed and ran away.

Clay County Sheriff, Rick Beseler is asking residents to be watchful and report anything unusual to the police. Anyone with information is asked to call 911 or the CCSO non-emergency line at 904-264-6512 or 911.

You can find out more details about the search for Somer at Search Continues For Missing Girl.

In Florida and other states, teachers, aides, and school administrators have a duty to supervise and educate our children. During the time that teachers are "on duty", it is vital that teachers are alert and awake so that they can properly supervise the children under their care. In Tampa, Florida, a middle school teacher (Kylene Nelson) went to work under the influence of alcohol. Her blood alcohol level was reported to be .26 which is more than three times the legal limit to drive an automobile in the State of Florida. Kylene Nelson entered into an agreement to resign and be eligible to return to a classroom in June 2013. The agreement must be approved by the State of Florida Education Practices Commission.

There were no reports that any children under this teacher's care suffered any personal injuries or harm on the date of the incident. Nevertheless, this teacher's intoxication needed to be addressed because it did put students in danger. Middle school student often times have poor judgment and safety awareness. As such, it is important for teachers to be watchful and ready to step in if there is a dangerous situation to the children. Furthermore, our children deserve the best that a teacher can offer. Having an impaired teacher because of drugs or alcohol certainly does not create an ideal learning environment for the students. You can read more about this story at Florida Middle School Teacher Agrees to a Suspension - Teachers Should Not Drink and Teach.