Articles Posted in Corporal Punishment

4_ToysIn day care centers throughout Florida including Miami, the children enrolled in the child care facility should be provided with safe and nurturing environment.  It is important for child care providers and workers to have proper training, common sense, and, yes, patience to work with children.  If working with children causing a person stress to the point that a child is hit and struck by a day care center work, that particular worker should be removed from the job, go to jail, and ultimately find a new career.  Working with children is no easy task; however, employment in a child care facility or day care center is a voluntary choice by a day care worker.  As such, no-one is forcing the day care worker to take the position.  Unfortunately, far too many instances of abuse and neglect go unnoticed and unreported.  Parents are kept in the dark and the children in the day care center are often victims without a voice and without the power to stop their abusers.  However, in many other instances, the day care center worker is caught in the act by another co-worker, management, parents, or other children who take that bold step to report the incident and have the conduct addressed. It is clear that day care center workers should use their efforts and abilities to act in the best interest of the children.  It is well known that the care and supervision of a children are not easy tasks; nevertheless, in Florida day care centers, corporal punishment is prohibited.  There is no excuse or defense to the hitting, torturing, and harming of a child enrolled in a day care center by a the very people responsible for caring for the child.

It was reported by various media outlets that a day care center through a private charter school in Miami Beach was the site of the corporal punishment / abuse of children under the care of the child care center.  In particular, a video surveillance camera revealed that a child care worker documented the hitting, twisting of arms, and other abuse of children who were in the 2 to 3 year old age group.  When the abuse originally came to light, no immediate arrests were made.  Then, after a week or so of further investigation by social service and local law enforcement, the day care center worker – Clara Luz Quintero-Gonzalez – was arrested.  For more information regarding these incidents, see Miami, Florida Day Care Center Worker Arrested for Hitting Children Under her Care at the Lincoln Marti Day Care Center.

It should be noted that the criminal prosecution of a day care center worker is not a prerequisite or requirement for a parent to bring a civil action or claim on behalf of a child who was injured or harmed by a day care center provider.  Certainly, it is quite compelling when a day care center worker is arrested following an allegation of abuse or neglect.  Furthermore, having video surveillance that actually documents the alleged abuse or neglect can be used as evidence in the potential criminal case or civil case of abuse / neglect in a day care center.  If there is believed to probable cause that a crime was committed, an arrest can and should be made. The further prosecution of the defendant will depend on the evidence gathered and potential defenses (if any) that may be raised in response to the allegations.  The criminal allegations must be proved beyond a reasonable doubt.  For a civil case, the standard of proof is by the preponderance of the evidence with is lesser standard than for a criminal case.

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In the State of Florida, corporal punishment is prohibited in day care centers.  There are strong public policy and safety reasons for having such a law in place.  It does not matter that the teacher of the day care center was subjected to corporal punishment as part of his or her upbringing.  Furthermore, a parent cannot and should consent to the imposition of corporal punishment at a day care center since it is against the law.   Toddlers and small children should learn by instruction and restrictions that DO NOT involve physical harm, pinching, punching, withholding of food, false imprisonment, or other acts that are neglectful and / or malicious in manner.   Because of this, it is important that Florida day care centers are staffed with trained and caring individuals who have the personality, patience, and maturity to deal with the stresses and demands of the job.  Certainly, it is challenging to be a day care center worker or child care provider.   When the stress intensifies, the day care worker / child care worker should step back and assess or reassess his or her current actions, his or next actions, and the rest of the day.

In Quincy, Florida, it was reported that a day care center worker at All My Children Learning Center is facing criminal charges of battery and cruelty to a child.  It was reported that a day care center teacher pinched a 4 year old child under her care to the point that the child was bruised and needed medical attention.
There may be a number of legal cases that result from corporal punishment cases or incidents including the following:

In Florida and other States, it takes a special and caring kind of individual to properly supervise children in a school, summer camp, or day care center setting. Child care providers should be well trained and have that certain personality the exudes patience, love, and common sense. The best interest of the child should be the focal point of the care. For the time period that the day care center worker is on duty, the day care worker’s attention and goodwill should be focused on the job at hand. Unfortunately, children far too often fall victim to a child care provider who lacks the common sense and patience to properly perform the job. Whether it is a pattern of bad conduct or a one time incident, children in day care centers suffer injuries as a result of rough discipline or even worse deliberate corporal punishment. It should be made clear that children are fragile and should be handled with care. They should not be treated in a rough manner that can and does lead to serious personal injuries. When a child is injured at a day care center, a civil case may be pursued on behalf of the injured child. When the facts support a criminal prosecution, the State of Florida may pursue criminal charges against the day care center worker. When a person is arrested for child abuse or neglect whether in a day care center setting or elsewhere, Florida and constitutional law mandate that the Defendant have the benefit of legal representation from a private criminal defense attorney or the local public defender. Yes, a day care center worker charged with a crime is innocent until proven guilty. Furthermore, while reports in newspapers can be quite gripping, the legal case (whether criminal or civil in nature) will have far more details and information than a brief newspaper article. As such, cases – whether civil or criminal – should go through the proper processes and procedures.

A day care center injury was recently reported in Palm Bay Florida in which a day care center workers was arrested for allegedly causing injuries to a 4 year old boy. The incident reportedly took place at Woodlake Child Development Center. The story was reported by WESH Channel 2 News – Orlando, Florida. You can read more about this story at Day Care Center Worker Arrested in Central Florida.

In Florida, day care centers are regulated by Florida Statutes and the Florida Administrative Codes. Licenses and inspections are handled by the Florida Department of Children and Families. It is important for day care centers and the staff members to comply with these laws, the facilitity policy and procedures, and just the necessary common sense that goes hand in hand with providing reasonable and appropriate supervision of children.