January 7, 2012

Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

December 22, 2011

What Evidence Can Be Considered as to Parent / Child Relationship in a Florida Wrongful Death Case?

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In Florida, the death of a child can and does have a life long impact on a parent. While the death of a child in some cases speaks for itself, in most cases, the relationship between the parent and child is explored to determine how close or how distant the relationship was between the parent and child. While there are no formulas per se in place to compensate a parent for the loss or death of a child in Florida, a jury can consider the quality of the relationship and the efforts put in place by the parent to care for and spend time with the child during the child's lifetime. Typically, the closer the relationship and stronger bond between parent / child result in a larger verdict or settlement in favor of the grieving parent for the untimely and wrongful death of the child. Because of the complexities of a Florida Wrongful Death case, parents should hire a Florida Personal Injury Attorney to review the facts and pursue the case / claim on behalf of the estate and parents.

In Collins v. Florida Towing Corporation Et. Al. , 262 So.2d 459 (Fla. 1st D.C.A. 1972), a lawsuit was filed against the Florida Towing Corporation and Commodores Point Terminal Corporation for the drowning death of a child. The personal representative of the estate of the minor child alleged that the Defendant was negligent by allowing a dangerous condition on the property that constituted an Attractive Nuisance or lure to children in the area. As a result of the alleged negligence or dangerous condition on the property, the plaintiff alleged that the child drowned. Thereafter, the Florida wrongful death lawsuit was filed for damages / compensation for the death of the child. In this case, the jury entered a verdict in favor of the Defendants except for a small award for funeral expenses. The Plaintiff appealed the verdict, in part, due to the admission of evidence that the father had prior to the death of the child abandoned his wife and children to live with another woman at a location that was from from the residence of the wife and children. The Plaintiff argued that the evidence was prejudicial and therefore constituted grounds for a new trial. The First District Court of Appeal ruled that the evidence was admissible and noted that the jury was entitled to know this information in making a determination as to a damage award to the Plaintiff.

In the Collins case, the jury and judge ultimately did not award any compensation for pain and suffering to the parents. In the case, there was a problem with liability as well as the damages suffered by the parent. The Collins case shows that evidence regarding the quality of the relationship as well as acts prior to the death of the child can be considered by the jury in a Florida Wrongful Death case.

In Florida and other States, parent / child relationships have their good days and bad days. There are no perfect parents out there but, in the eyes of a jury, there are probably some parents who are more deserving than other parents when entering an award for damages. The loss or death of a child can and does have a lasting effect on most every parent. Yes, there are some parents who abandon their children or never see their children, but most parents have an emotional bond of some kind with their children and deserve to be compensated when there is negligence or fault that causes the wrongful death of a child. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, Water Park and Swimming Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

December 10, 2011

Florida Lawmaker Seeks to Ban Texting While Driving - Dangers of Distracted Driving

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A Florida lawmaker (State Representative Irv Slosberg) is seeking to pass a Florida law that would ban texting while driving. Technology has made great advances over the past decade or so. We can communicate faster and better through devices like laptop computers, iPads and touchscreen devices, and, yes, smart phones like the iPhone and Droid. Unfortunately, these same devices have caused many Florida automobile accidents, Florida bicycle accidents, and Florida pedestrian accidents. Many of these accidents have resulted in serious personal injuries and deaths to children. One such victim texting while driving was James Caskey, Jr. who was riding a tricycle in North Naples when he was struck by a driver who was allegedly texting while driving. See Florida Lawmaker Looks to Ban Texting While Driving.

In Florida, drivers should do their best to limit distracted driving. Wait until you arrive at your destination to respond to that text or e mail. Waiting a few minutes to respond can save a life and avoid a serious Florida automobile accident. Florida drivers should drive with the utmost of caution and otherwise follow Florida's traffic laws and regulations and pay attention to road conditions and traffic. See Florida Traffic Statutes, Rules and Regulations - Frequently Asked Questions.

December 5, 2011

Animal Control Hearing over Dog's Fate Following Serious Dog Bite to 3 Year Old Girl (Erica Leinhart)

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In Orange County, Florida, a hearing was held to determine the fate of a German Shepherd breed dog who bit a 3 year old girl at a park. It was reported by the Orlando Sentinel that the dog bit 3 year old - Erica Leinhart - in the face. Following the dog bite incident, the Orange County Animal Service held a hearing to hear statements from the dog owner (Joseph Marcica) and the girls' parents - David and Alicia Leinhart. The father stated that the injuries to his daughter's face met the criteria as established by Florida law to meet the injury type that would justify the standard for euthansia of the dog. There were also statement presented by neighbors of the dog owner as to the prior acts of the dog. The dog owner countered with statements that the dog was not dangerous.
See Orange County Dog Bite Attack Animal Services Hearing.

With respect to the animal service hearing, a decision will be made as to the fate of the dog. Whatever decision is made, the fact remains that a child suffered a serious personal injury as a result of a dog attack in Florida. Far too often, children are the unfortunate victims of dog bite attacks. Many of these dog bite incidents are preventable.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment / Medical Bills, Homeowner's Insurance and Claims, Damages / Compensation, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

September 12, 2011

Florida Day Care Centers - What Disciplinary Acts Are Prohibited?

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With over 800,000 children under the age of six in the State of Florida needing child care, it is important that Florida's Day Care Centers abide by the Florida Statutes 402.305. One area of this statute that is of particular concern in provision dealing with child discipline.

Section 12 provides that age will play a part in determining what course of action is necessary when disciplining a child. Next, the statute lays out the minimum requirements that each Florida Day Care Center must abide by. First, Florida Day Care Centers are not allowed to discipline in any way that is humiliating or frightening. Second, the discipline cannot be associated with food, rest, or toileting. Finally, Florida Day Care Centers and its staff are prohibited from spanking or physically punishing children in any form. The statute also requires Florida Day Care Centers to inform the parents of the child of the daycare's disciplinary practices prior to the child's admission.

August 22, 2011

Day Care Center Death Reported in Bradenton, Florida at Carbone Family Daycare Home

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In Florida, it is important for day care center providers to properly supervise children under their care while the child is active during the day and also during nap time. There are dangers and risks to children during the sleeping hours and especially for infants and babies in cribs. In Bradenton, Florida, it was reported that a three year old girl died after being put down for a nap. The child was found unresponsive at Carbone Family Daycare Home. 911 was called and fire rescue was dispatched to the Florida day care center. CPR was performed and the child was transported to Blake Medical Center where the child was pronounced dead.

An autopsy will be performed which will provide investigators more information regarding the cause and preventability of the child's death. For Florida day care centers, there are various rules and regulations for the care and supervision of children which include regulations during nap time. See Florida Day Care Centers - What Rules / Laws Apply to Supervision During Nap Time?

See also 3 Month Old Girl Died at Florida Day Care Center - Investigation Pending.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters day care injuries, school injuries, medical treatment and bills, damages / compensation and other topics. You can receive a free child injury book at Free Book to Parents Dealing with a Day Care Injury.

August 18, 2011

Florida Law and the Drowning of a 6 Year Old Boy (Jason Howell) in Jacksonville Florida Swimming Pool

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In Jacksonville, Florida, a drowning was reported in the Cedar Hills neighborhood. Jason Howell, age 6, drowned in a neighbor's pool. The residential swimming pool was located behind a home across the street from Jason and his family. The Jacksonville Sheriff's Office and Channel 4 news responded to the scene. It was reported by Elizabeth Cate with Channel 4 news that the pool was fenced but there were no locks on the fence. The Florida Department of Children and Families and the Jacksonville Sheriff's Office will conduct an investigation regarding the facts and circumstances of this Florida drowning death.

Florida has a high percentage of swimming pool in any given neighborhood due to the year round warm weather. Yes, swimming is a fun and relaxing recreational activity that unfortunately brings with it dangers especially to young children who do not realize the dangers and risks of swimming or being around water without proper adult supervision. The simple and expected curiosity of a child can lead to deadly consequences. The death of Jason Howell is certainly a tragic loss for his family, neighborhood, and the community.

Pursuant to Section 515.29, Florida Statutes (Florida Residential Swimming Pool Safety Act), gates that provide access to a swimming pool must open outward away from the pool and be self closing and equipped with a self latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

The Florida Residential Swimming Pool Safety Act was passed to help prevent child drownings in the State of Florida. Unfortunately and tragically for many children and families, drownings continue to take place despite the presence of this child safety law.

August 5, 2011

Volusia County, Florida - Toddler Drowns in Swimming Pool

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In Volusia County, a toddler, drowned in the family swimming pool. According to the Volusia County Sheriff’s deputies, the child’s parents and siblings were at home when Rocio Vazquez Naranjo disappeared. When they realized she was missing, her family found her in the pool. The parents pulled her from the pool and took the child to a neighbor who tried to resuscitate her before rescue personnel arrived, said officials. The child was taken to a hospital where she was sadly pronounced dead.

Parents think that it could never happen to their family, but each year more than 800 children drown. However, these accidents are not only preventable but also predictable. Here are the top three facts about child drowning and what you can do to help keep your child safe around water.

Fact number 1: Lack of supervision. Children can drown in a matter of seconds and usually it is quietly. Adults who were present during a child drowning were usually distracted in some way, often by talking on the phone, conversing with other adults or reading.

• What you can do: Attentively supervise your children around water, and have a phone nearby to call for help in the event of an emergency. Also, when there are several adults present and children swimming, parents should designate an adult as the “water watcher” to prevent any gaps in supervision.

Fact number 2: No barriers. Curious children, especially those under the age of five, can easily find and fall into pools, tubs and buckets. Often by the time they are discovered, it is too late.

• What you can do: Never leave a child alone when nearby a pool or any body of water, even if it is only a few inches. For residential pool owners, make sure that your pool meets the barrier requirements of Florida Statute 515.29 – after all, it’s the law.

Fact number 3: Weak or no CPR skills. Children who drown and are rescued from the water need CPR immediately before the paramedics arrive. It can prevent damage and is the difference between life and death.

• What you can do: Get certified. Contact your local health department or hospital to find a CPR class near you.

For more information on this topic see, Fla. toddler drowns in backyard swimming pool.

July 31, 2011

Florida Day Care Centers - How Does Florida Law Define a Child Care Facility?

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Pursuant to Title XXIX - Public Health, Chapter 402 - Health and Human Services: Miscellaneous Provisions, Section 402.302 - Definitions, a "child care facility" mean any child care center or child care arrangement which provides child care for more than 5 children unrelated to the operator of the center and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

The following are not considered a "child care facility":
1. Public and nonpublic schools, as well as their integral programs (except as provided in s.402.3025);
2. Summer camps having children in full-time residence;
3. Summer day camps;
4. Bible schools that are normally conducted during vacation periods; and
5. Operators of transient establishments, which provide child care services solely for the guests of their establishment or resort. The definition of "transient establishment" can be found under Title XXXIII, Chapter 509, section 509.013, Florida Statutes (2011).

Child care facilities are regulated under Chapter 402, Florida Statutes. The purpose of this chapter is to establish statewide minimum standards for the care and protection of children in Florida child care facilities, ensure maintenance of these standards and to enforce regulations through a program of licensing.

July 27, 2011

Florida Day Care Centers - What Rules / Laws Apply to Emergency Procedures and Parent Notification of Personal Injuries?

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Pursuant to Chapter 65, Rule 65C-22.004 Health Related Requirements, Florida Day Care Centers are required to keep certain information on site, visible and easily accessible. Florida Day Care Centers are required to post emergency telephone numbers (including ambulance, fire, police, poison control center, Florida Abuse Hotline) and the address of and directions to the center facility on or near all telephones at the facility. This information should be as necessary to provide quality care and protect the children at the center. Florida Day Care Centers are also required to contact the parents or legal guardians of a child under the center's care in the event of any serious illness, accident, injury or emergency to their child. Parents or legal guardians shall also be informed of the center's specific instructions regarding the action to be taken under these circumstances, these instructions shall be followed. In case the custodial parent or legal guardian of the child cannot be contacted, the owner of the facility shall contact those persons designated by the parent or guardian to be contact under these circumstances. These designated persons shall also follow any written instructions given to them by the custodial parent or legal guardian of the child.

Also, ALL accidents and incidents that occur at a Florida Child Care Facility must be documented and shared with the custodial parent or legal guardian on the child on the day the accident and/or incident occurred.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Having emergency contact numbers and designated emergency contacts will ensure that parent's or legal guardians of children will be notified and well informed of their child's safety and health while attending a Florida day care. Also, easily and accessible emergency contact numbers can prevent childhood personal injuries and/or reduce the severity of an injury sustained by a child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

July 25, 2011

Florida Day Care Centers - What Rules / Laws Apply to Vehicle / Automobile Liability Insurance?

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Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required have proper insurance on any vehicle that is used for transporting children while under the care and supervision of the facility. Specifically, all child care facilities must comply with the inspection responsibilities and insurance requirements found in Section 316.615, Florida Statutes (2011).

Pursuant to >sec. 316.615, Florida Statutes (2011) - School buses; physical requirements of drivers, all school buses and motor vehicles must be covered by single limits liability insurance to protect passengers being transported, in the following amounts:

- $5,000 multiplied by the rated seating capacity of the vehicle; or
- $100,000, whichever of the two is greater.

For purposes of the this requirement "school bus" means all motor vehicles with a seating capacity of 24 o more passengers, which is regularly used for the transportation of passengers to or from school, or to or from school activities. The term "school" includes all public and private nursery, preelementary, elementary and secondary school levels.
(b) For the purposes of this section the term “school” includes all public and private nursery, preelementary, elementary, and secondary level schools.

Automobile accidents are leading cause of childhood personal injuries. Although many automobile accidents are preventable, accidents are sometimes unavoidable and unfortunately occur. Having the required insurance on vehicles that provide transportation to children under the center's care ensures the children's safety and well-being in the event an accident does occur.

July 24, 2011

Florida Day Care Centers - What Rules / Laws Apply to Harmful Items Like Cleaning Supplies, Poisons, Toxic, and Hazardous Materials?

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Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required label all harmful items such as cleaning supplies, poisons, toxins, flammable products and other hazardous materials. All of these items, as well as knives and sharp tools must be stored in locations inaccessible to the children under the care of the facility.

Many serious childhood personal injuries and deaths in child day care centers in Florida can be prevented if safety precautions are taken to remove or lock away dangerous items. The purpose of these and other Florida regulations is to protect children in child care centers from the real hazards and risk of personal injuries and deaths from hazardous conditions / products.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore

July 20, 2011

Florida Day Care Centers - What Rules / Laws Apply to Seat Belts and Safety Restrains on Day Care Buses, Vans, and Vehicles?

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Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to follow certain rules when the day care center provides transportation to the children under the center's care. Florida Day Care Centers must comply with the following rules:

1. Maximum Number of Passengers. The number of passengers transported in a vehicle may not exceed the vehicle's manufacturer's designated seating capacity or the number of factory installed seat belts.

2. Seat belts. Every child, when transported, must be restrained by a factory installed seat belt or federally approved child safety restrained. The only exceptions is if the vehicle is excluded from this requirement by Florida Statute.

Note: "Vehicles" are defined as those vehicles that are owned/operated or regularly used by the Florida child care facility, as well as vehicles that provide transportation through a contract or other agreement with an outside entity.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Automobile accidents are a leading cause of childhood personal injuries or childhood deaths. Transportation provided in compliance with these rules ensures a child's safety and well-being while under the center's care, as well as reduces the severity of injuries that a child may sustain in the event an accident does occur.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

July 19, 2011

Florida Day Care Centers - What Rules / Laws Apply to Vehicle Inspection?

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Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required meet certain criteria when transporting children.

1. The driver of any vehicle that is regularly used by the child care facility must have a current Florida driver's license and an annual physical examination that grants approval to drive.

2. Any vehicle that is regularly used to transport children must be inspected annually by a mechanic. The mechanic must document the maintenance on the vehicle.

Rule 65C-22.001 also incorporates the inspection responsibilities and insurance requirements under 316.615, Florida Statutes (2011). Pursuant to sec. 316.615 - Schools buses; physical requirements of drivers, Florida Day Care Centers must comply with certain regulations if transportation is provided for children to and from school. "School" includes all public and private nursery, preelementray, elementary and secondary level schools. All motor vehicles, except privately owned passenger vehicles and those operated by governmental entities, that have a seating capacity of less than 24, which is regularly used for the transportation of pupils to or from school, or to or from school activities, must be equipped with the following:

1. Nonleaking exhaust system;
2. First-aid kit;
3. Fire extinguisher;
4. Unbroken safety glass on all windows;
5. Inside rear view mirror, which is capable of giving the driver a clear view of vehicles approaching from behind; and
6. Seats that are securely anchored.

These day care center buses, vans, and vehicles are prohibited from transporting more passengers than they are equipped to seat.

Automobile accidents are a leading cause of childhood personal injuries or childhood deaths. Compliance with the rules and regulations ensures the safety and well-being of children while under the care of Florida Day Care Centers.

July 18, 2011

Florida Day Care Centers - What Rules Apply to Discipline and Corporal Punishment?

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Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to comply with certain rules and regulations regarding discipline and corporal punishment of the children under the care of the center.

The child care facility must have verification that the facility has provided, in writing, the disciplinary practices used by the facility on the center's enrollment form, with the signature of the custodial parent or legal guardian. All staff and other child care personnel employed at the children care facility must comply with the facility's written disciplinary practices. The disciplinary policies must included standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest or toileting. Spanking or any other form physical punishment is prohibited by all staff and child care personnel.

Rule 65C-22.001 incorporates Section 402.305(12), Florida Statutes (2011) - Licensing standards; child care facilities. The following are the minimum statutory standards for child discipline practices, which must ensure age-appropriate constructive disciplinary practices are used for children care:
1. Child must not be subjected to discipline which is severe, humiliating, or frightening.
2. Discipline cannot be associated with food, rest or toileting.
3. Spanking or any other form of physical punishment is prohibited.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, childhood personal injuries and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore

July 17, 2011

Florida Day Care Centers - What Rules / Laws Apply to CPR (Cardiopulmonary Resuscitation)?

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Pursuant to Chapter 65, Rule 65C-22.004 Health Related Requirements, Florida Day Care Centers are required to have at least one staff member with a valid certificate of course completion for first aid training and infant and child cardiopulmonary resuscitation procedures (CPR). A staff member who fulfills these requirements must be present at all times while children are under the care of the day care facility, whether on-site or off-site (i.e., field trips). "Field trip" means all activities away from the day care facility, except regular transportation to and from the facility (i.e., pick-up and drop-off). A "valid" certificate cannot be more than 3 years old and cannot be satisfied via on-line courses. CPR training must be done via classroom instruction.

Florida Day Care Centers are also required to have on-site, at all times, at least one first aid kit that contains materials capable to administer first aid. A first aid kit must also accompany the center's staff while on field trips. The kit shall be in a closed container, labeled "First Aid." These kits shall also be accessible, at all times, and kept out of the reach of children.

At a MINIMUM, the first aid kit MUST include:
- Soap
- Band aids or equivalent
- Disposable latex gloves
- Cotton balls or applicators
- Sterile gauze pads and rolls
- Adhesive tape
- Termometer
- Tweezers
- Pre-moistened wipes
- Scissors
- A current resource guide on first and CPR procedures

July 15, 2011

Florida Day Care Centers - What Rules / Laws Apply to Planned Activities and Field Trips?

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Florida Child Care Centers provide supervision in a group setting with planned activities. Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required to have a written and followed plan of scheduled activities for all children. This plan must be posted in a place that is accessible to parents. In addition, the written plan must meet the needs of the children and include activities that:

• Encourage the emotional, intellectual and physical growth of the children.
• Include both active and quiet playtime, both inside and outside.
• Include meals, snack and nap times, for the age and times of the children, if necessary.

Rule 65C-22.001 also requires Florida Child Care Centers to advise parents in advance of each field trip. The details such as the date, time and location must be posted in an obvious location at least two work days in advance. Also, the Florida Day Care Center must obtain written parental permission by either a general permission slip or prior to each field trip. If for some reason two day notice cannot be posted, then individual permission slips must be obtained from each parents. For more information on this topic, see Additional Superivsion.

July 13, 2011

Dominic Andrews Death at Day Care Center - Legal Rights and Responsibilities in Florida Day Care Centers

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Dominic Andrews died at Jomida Learning Center in Homestead, Florida (Miami-Dade County). When a parent drops off a child at a day care center, a parent expects that the child is cared for in a safety, healthy, and supervised learning environment that serves the best interest of the child. This is not only common sense but it also the law. Florida Day Care Centers are regulated by the Florida Statutes and the Florida Administrative Code. There are laws and regulations in place as to indoor supervision, outdoor supervision, medications, transportation, attendance, medications, and many other aspects of day care and child care in and around the facility. The Florida Day Care Center has a duty to comply with the various Florida Administrative Code and Florida Statute provisions. Compliance is mandated. Facilities that follow the rules and regulations generally are able to avoid or prevent serious personal injuries or death to a child. Unfortunately and tragically in many instances, Florida Day Care Centers violates the law and / or takes short cuts and actions to save money at the expense of the child's health, safety and well-being.

The Florida Department of Children and Families and local law enforcement are investigating the death of Dominic Andrews who was only 18 months old at the time of his death. See Questions Remain In Toddler's Death At Day Care
Homicide Detectives Investigate Child's Death.

The investigation will address the following issues and other issues in an attempt to determine the cause and preventability of this child's death:

What time did Dominic Andrews arrive at the facility?

What documentation was written as to the arrival and supervision of Dominic Andrews?

How many children (including Dominic Andrews) were being cared for at the Florida Day Care Center?

How many children was Jomida Learning Center licensed to care for at the child care facility?

What was the staff-to-children ratio on the day of the incident?

Did the facility violate any Florida laws or regulations on the day of the incident as to the care and supervision of Dominic Andrews?

What were the results of the autopsy of Dominic Andrews?

Was the death of Dominic Andrews preventable?

When dealing with a tragedy of a child's death, the parents and family of Dominic Andrews will need the love and support of their close friends, church, and community. All the support in the world will not bring the child back to live but will help the family try to cope with the loss which will never ever be forgotten for the life time of the surviving family members.

You can read more information on Florida Day Care Centers at Frequently Asked Questions Regarding Florida Day Care Centers and the Florida Law. You can also receive a free copy of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. There are Chapters on Damages / Compensation, Day Center Injuries, and School Injuries. See also Florida Day Care Centers - What Rules / Laws Apply to Driver's Logs and Transporting of Children?

July 8, 2011

Florida Day Care Centers - What Rules / Laws Apply to Equipment, Furnishings, and Toys?

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Pursuant to Chapter 65, Rule 65C-22.002 - Physical Environment, Florida Day Care Centers are required to provide and maintain indoor equipment including playground equipment and toys in a safe condition.

Florida child care centers are required to have toys, equipment and furnishings that are suitable to a child’s age and development. Listed below are some age appropriate toys.

• Infants: activity quilts, stuffed animals, soft dolls, baby swings with proper harness, cloth books, and squeaky toys.

• Age 1-3 years old: books, building blocks, balls, and shape toys.

• Age 3-5 years old: crayons, finger paints, clay, chalk, puzzles with large pieces, wagons, and books.

• Age 5-9 years old: arts and craft materials, puppets, books, trains, and jump ropes.

• Age 9-14 years old: microscopes, computers, sports equipment with protective gear, and board games.

Florida day care centers must also keep all toys, equipment, and furnishings in a sanitary condition. If they are exposed to bodily fluids such as saliva or blood, then they must be sanitized or disinfected immediately. Child care centers are required to sanitize toys in order to help prevent the spread of illness. Most Florida child care centers sanitize infant toys daily and toddler toys weekly.

For more information on Florida day care regulations, see Chapter 65, Rule 65C-22.


July 1, 2011

Florida Day Care Centers - What Rules / Laws Apply to Driver's Logs and Transporting of Children?

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The Florida Department of Children and Families ensures that licensing requirements are met at child care facilities through on-going inspections, thus preventing the continued operation of substandard child care programs. Pursuant to Chapter 65 of the Florida Administrative Code, Florida day care centers have specific duties when it comes to transporting children.

A Florida day care center must maintain a driver’s log for all children being transported in the vehicle. The log must include each child’s name, date, time of departure, time of arrival, signature of driver, and signature of another staff member to verify the driver’s log and that all children have left the vehicle. The log must be retained for at least four months.

The driver of the children transporting children also has specific duties once they have arrived at the destination. The driver must mark each child off the log as they exit the vehicle and conduct a physical inspection and visual sweep to ensure that no child has been left behind. Then the driver must record, sign and date the driver’s log immediately to verify that all children have been accounted for. Each of these steps should also be repeated by a second child care employee.

 
 
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