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Child Injury Laws Blog By Jonathan Rosenfeld

Category Archives: Foster Care Abuse

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Child Abuse Can Be Responsible For Injury To The Brain & Delayed Development

Posted in Brain Injury (TBI), Foster Care Abuse, Uncategorized

It is not just physical abuse that can affect and damage developing brains in children. According to recent findings, emotional abuse and neglect can also have an impact on how a child’s brain develops, leaving them more likely to have learning and emotional disabilities, as they grow older. Early Childhood Affects On The Brain A neurologist from the University of California, Los Angles recently released brain scans of two 2-year old children who both came from very different home environments. One child came from a loving home while the other had been exposed to neglect and abuse. The results of the scan showed that the abused child had an under-developed brain in areas that would affect how the child learned and functioned, even into adulthood. The effects of abuse and neglect on child brain development have been studied before. It is thought that environmental factors in a child’s early development… Continue Reading

Difficulties In Prosecuting Child Abuse

Posted in Day Care Accidents, Foster Care Abuse, Sexual Abuse

It can be difficult providing proof to prosecute the perpetrator in court for the attorney representing the victim even though it may be apparent that the child has been abused. If the child is an infant, or worse, did not survive the abuse, there are often no witnesses to the crime that can testify. In those cases, the juries must rely on expert testimony and circumstantial evidence. Partial Acquittal For Murder Of Corduray, Jr In the case of 3-month old Corduray Scott, Jr., his death was only partially vindicated. His father, Corduray Scott Sr. received a life sentence for his horrific murder but was acquitted of the charge of killing his son with malice. The jury has to take into consideration two opposing testimonies from doctors from the prosecution and the defense. The only witnesses to the crime were the defendant and his dead son. The infant has several broken… Continue Reading

Ten Great Websites For Children Facing Difficulties With Adoption Or Foster Care System

Posted in Community News, Foster Care Abuse

Adoption and foster care arrangements can be terrific alternative for children with troubled backgrounds.  After all, children living in these type of arrangements may be blessed with a loving family.  If you are looking for insights one these family situations, you’ve come to the right place. 1)Thin Q Fitness http://www.thinqfitness.com/blog.asp?z1060Brn4=al8rzor4-FDED Fitness regimens that are on video that has something for everyone’s fitness ability level. Contact Fiona Russell at info@thinqdigitalmedia.com. 2) Adoption Blogs http://www.adoptionblogs.com This is a blog about parents of adopted children and what they go through parenting a child who is not biologically theirs. Stories include meeting birth parents, holidays, families and much more. 3) Adoptions Together Birth Parent Blog http://www.birthparentblog.com Detailed accounts are discussed from people who are considering putting their children up for adoption. The process of emotions the birth parents can go through are described in detail. 4) Never a Dull Moment http://fletcherclan.blogspot.com Claudia, author, chronicles… Continue Reading

Foster Care Abuse Lawsuit Seeks Damages From Placement Agency

Posted in Foster Care Abuse, Sexual Abuse

Three young men who allege to have been sexually abused by their foster care father have filed civil lawsuits against both the individual and the foster care placement company.   The foster care father, faces criminal charges for the sexual abuse of seven adolescent boys at his Last Chance Farm compound.  The man and his wife were part of Mentor Maryland, an organization that provides foster care to children and adolescents with: mental disabilities, at-risk children and people with brain and spinal cord injuries. The lawsuits all allege that Mentor Maryland was negligent for failing to take action after they had notice of the alleged acts of involving sexual abuse from children under the care of the same foster care parent. If found negligent, the foster care agency may face a substantial payout to these young victims of abuse.  Foster Care Agencies Duty To Protect Children Children and adolescents involved… Continue Reading

Reporting Child Abuse: Not Just The Right Thing To Do– But Also The Law

Posted in Day Care Accidents, Foster Care Abuse, Sexual Abuse

In many situations, a child may be unable or unwilling to report their own abuse or neglect.  Therefore, it is important that the network of adults in a child’s life are vigilant advocates, giving abused children a voice.  A child may not report abuse because they cannot talk, do not understand what is happening, are afraid, or have no one to talk to.  That is why there are mandated reporters, people and professions who have a legal requirement to report child abuse or neglect to the State.  Many times, these people are in the best position to recognize signs of possible abuse (325 ILCS 5/4; 720 ILCS 5/11-20.2).  Mandated reporters of child abuse include: Doctors Nurses Teachers Social workers Psychologists Police officers Members of the clergy Child care personnel.  If a mandated reporter fails to report suspected abuse, they can face disciplinary action (325 ILCS 5/4).  These are not the… Continue Reading

Preventing Institutional Child Abuse By Carefully Selecting A Facility

Posted in Day Care Accidents, Foster Care Abuse

Children, like the elderly, are a vulnerable group that requires oversight, protection, and regulations to protect them.  (See “Children in Day Care Are Susceptible to Many of the Same Problems Our Elderly Nursing Home Patients Encounter”) Choosing a Child Care Provider When choosing a child care facility, there are a number of factors to keep in mind.  It is important to find a high-quality facility, where you feel your children are receiving the best care and attention.  (Trust Your Instinct When Placing a Child in Daycare with Potential Hazards) When you visit potential child care centers, you should look for: A positive and safe environment Good communication between the parents and staff Long-term caregivers with experience or training in child development A small caregiver to child ratio, to ensure that your child receives proper attention The group, Child Care Aware, lists five recommendations when choosing a child care facility: Start… Continue Reading

Understanding The Regulations Pertaining To Day Care Facilities Is Crucial To Protecting Your Child

Posted in Day Care Accidents, Foster Care Abuse

Day Care Centers are facilities that provide child care for less than 24 hours/day for over eight children if it is a family home or over three children in a non-home facility.  In Illinois, these Centers are regulated by the Part 407 (Licensing Standards for Day Care Centers) of the Illinois Administrative Code.  DCFS inspects and licensees these facilities (license valid for three years).  Day Care Centers must meet certain health and safety guidelines including but not limited to: ensuring that all children are supervised at all times, emergency drills, first aid kit, sanitary and hazard free conditions, hazardous substances kept out of reach.  In addition, depending on the time of day and length of stay, the facility must provide nutritious food and snacks.  Day care centers require a director (at least 21 years old with 2 years of college or experience and 15 hours of training/year), and each caregiver… Continue Reading

Even After Foster Care System Overhaul; Children Remain At Risk For Abuse & Neglect

Posted in Foster Care Abuse

Acknowledging the problems with its foster care system, New Jersey pledged to make improvements with an investment of more than $1 billion and improved oversight of the system with a federal judge.  Despite its admirable intentions, a recent article on NJ.com confirms that supervisory problems continue to threaten the well being of children that the system is intended to protect.  With more than 7,000 children living in licensed foster care and group homes, New Jersey’s Division of Youth and Family Services has the responsibility to supervise and protect children living in the states foster care system.   Even with the system overhaul in place, a recent NJ.com article documents the problems with the system as evidenced by several lawsuits brought on behalf of foster children who were abused or killed while under the care of their foster parents. Many of these foster care tragedies have resulted in civil lawsuits against the… Continue Reading

$10 Million Settlement For Child Abused By Foster Parent Demonstrates Lapses In Oversight System

Posted in Foster Care Abuse

A significant settlement in a foster care abuse lawsuit demonstrated the defects in regulatory system meant to protect vulnerable children and infants.  The lawsuit was brought on behalf of a 5-year-old boy who was placed into the foster care system after his birth mother was deemed unfit to care for the baby by her family. From the time the boy was placed in the custody of his foster mother, he was repeatedly physically abused by the woman.  An ancillary criminal trial of the foster mother demonstrated that repeated episodes of physical abuse resulted in a permanent brain injury to the boy. At issue in the civil lawsuit against the District of Columbia, was the poor judgment of the regulatory agency that was responsible for ensuring the safety and health of children placed into a foster care setting. In this case, the Child and Family Services Agency failed to identify tell-tale… Continue Reading

Foster Care System Failing To Protect Those Who Need It The Most

Posted in Foster Care Abuse

In the United States, there are more than 500,000 children living in foster care.  Foster care is the temporary placement of children because of abuse, neglect, family problems, or dependency.  A child may be placed because their home is no longer safe, their parents or guardians are no longer able to provide proper care, or the child no longer has a parent or guardian to care for them.  The primary goal of foster care is to return the child to its home, if possible.  Foster care is intended to be a temporary solution for children who suffer from abuse or neglect, no longer have a parent or family capable of taking care of them, or need a temporary home.  Foster homes are supposed to be a safe but temporary home for the child, with the long-term goal of finding a permanent family and home for the child.  A foster parent’s… Continue Reading

Nursing Home Abuse: The Deaths Of 13 Children Linked To Poor Care At Chicago Nursing Home

Posted in Foster Care Abuse

The Chicago Tribune ran one of the more disturbing investigative stories I’ve seen in a long-time when it chronicled the poor care given to disabled children living at Alden Village North located on Chicago’s north-side. The Tribune used public records and government documents to uncover the names and details of care provided to children living with physical and mental handicaps, including: cerebral palsy and downs syndrome.   In looking though the roll call of child-residents who have died at this Alden facility, it is readily apparent that this facility didn’t just provide improper care— they uniformly failed to provide any care at all. Among the grim conditions found at this predominately child-related facility include: Dislodged tracheotomy tubes Unsanitary conditions– many times patients were left in soiled clothes Medical alarms that went unresponded to by staff Delays in transferring obviously ill children to local hospitals Inadequate internal investigations Allowing tube-fed children… Continue Reading

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