Video surveillance equipment in the home, day care centers, and schools can and do go a long way in identifying abuse and preventing it. When an infant or toddler is being abused or neglected, the child does not have the ability to advocate for himself or herself; however, a video showing such abuse can do the talking for the child. A caregiver should exhibit restraint, love, and patience when supervising a child. Unfortunately, there are far too many instances of abuse and neglect by the very people who are supposed to protect a child – the caregiver.
Parents should be aware of signs of abuse or neglect. An abused child will have frequent, unexplained injuries like bruises, black eyes, or cuts and often wear unusual clothing to hide these marks. A child may seem withdrawn or have very stifled emotional reactions to things, especially pain. An abused child can often seem watchful, as if he or she is waiting for something bad to happen. A neglected child may have bad hygiene, lack proper bathing or have a noticeable body odor. Clothes can be ill-fitting or unwashed. Neglected children are frequently left unsupervised or allowed to play in unsafe situations. These are all indicators of abuse after it has already happened, but there are some methods to obtain proof of abuse.
A “nanny cam” is a webcam or other small camera placed in a parent’s home where they can monitor their babysitter to see if they are taking proper care of the children. These cameras can even be connected to the internet so parents can watch in real-time. Nanny cams are an effective way to gather evidence of a caretaker abusing a child in the event of a criminal or civil lawsuit. While a nanny cam can document abuse, the video / audio content of the nanny cam is not always admissible in a civil or criminal case. The admissibility of such evidence will be determined by the applicable laws in place and the rulings of the judge assigned to the case. The State of Florida is a “two-party consent state,” which means that, if the nanny cam records both video and audio, parents must notify the babysitter that they are going to be recorded. If there is no consent, nanny cam video or audio might be ruled inadmissible in legal proceedings, according to Florida Statute section 934.03. Nonetheless, nanny cams are the among the best ways to show definitive proof of child abuse, especially when the child is unable to properly communicate. When hiring a nanny, it may be advisable to have the nanny sign an employment form which advises the nanny that the home is equipped with audio and video equipment at random parts of the home. While this will give the nanny notice that he or she is being watched, it does not necessary inform the nanny where the equipment is set up. If the parent incorporates this language into a longer document, the nanny may ultimately forget what he or she signed and still engage in abusive conduct that is documented on the video even with knowledge of the equipment in place.
There are countless instances of child abuse charges being pressed against a caretaker due to nanny cam footage. If a parent notices signs of abuse or obtains video of abuse from a babysitter via a nanny cam or any other means, the first thing they should do is cut off ties with the caretaker so that the child is no longer in immediate danger.
David Wolf is a Child Injury Attorney with over 28 years of experience. He is the author of 12 books including the book – Broken Trust – Abuse, Neglect, and Molestation – The Legal Rights of the Injured Child. You can get this book for free at Broken Trust. If you are seeking representation against a school, day care center, summer camp, or other child care provider, contact David Wolf for a Free Consultation. David Wolf and his law firm – Wood, Atter & Wolf, P.A., based in Jacksonville, Florida, firmly believe in Giving a Voice to Injured Children and Their Families.