A valuable tool that can both help monitor the care of children and punish nannies, babysitters, and other child care providers when there is neglect and abuse is the nanny cam. Certainly, it would be a perfect world if every child care provider was trained, patient, and perfectly attentive to the child. Unfortunately, many nannies and child care providers take out their anger and frustration on an innocent child. Babies by their nature will cry and be fussy. That just goes with the territory of watching over a child. When a baby cries, it is never ever appropriate or proper to shake the child. One shaking incident can lead to a lifelong medical problems for the child and even the wrongful death of a child. When these types of acts are caught on video through a hidden nanny cam, the video would be a strong piece of evidence to convict the wrongdoer and also to deter others from engaging in such dangerous and callous acts.
An incident that took place in Jacksonville, Florida exemplifies the unfortunate reality of parents uncovering abuse to their children by hired childcare providers through footage from a nanny cam. It was reported that a mother discovered her nanny aggressively shaking her two-year-old son after watching a video she recorded from a camera hidden inside her son’s lunchbox. Unfortunately, Florida’s two-party consent laws prevent this mother from using the recording she obtained from her nanny cam in court because hidden camera footage does not have the consent of both the recorder and the person being recorded. Though the mother in this case from Jacksonville is trying to convince the legislature to alter the law so that nanny cam footage may be used in court, she currently cannot use the footage she obtained of her nanny abusing her toddler.
Though hidden camera recordings like the one obtained by the Jacksonville mother are not admissible in Florida courts, some types of nanny cam footage may be. Florida Statute Section 934.03 is the law that prevents individuals from recording audio without the consent of both parties. Because it only precludes the use of oral communication recordings, nanny cams that only take videos without audio recordings could be admissible as well as nanny cams that only capture photos without any video or audio components. Additionally, a parent may be able to use audio and visual footage obtained from a nanny cam in court if they obtain informed, written consent from the nanny to record him or her on video cameras within the home or other areas under surveillance prior to the abuse proceedings arising. Nonetheless, parents should still consult an experienced attorney for advice pertaining to their specific situation before installing a nanny cam. In the tragic event that a nanny or childcare provider does abuse one’s child, the parent should consult with an Experienced Child Injury attorney about the potential cause of action that may be brought on behalf of the child because the family may be entitled to a damages award for the injuries the child sustained.
David Wolf is a child injury attorney who handles cases throughout the State of Florida. He is the author of 11 books and over 4,000 articles that focus on child injury and safety issues. David Wolf firmly believes in Giving a Voice to Injured Children and Their Families. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.