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
Category Archives: Day Care Accidents
Subscribe to Day Care Accidents RSS FeedCaregivers Must be on the Lookout for Signs of Shaken Baby Syndrome
Posted in Brain Injury (TBI), Day Care AccidentsThe thought of someone abusing a child, especially an infant, is heartbreaking. Unfortunately, it happens every day. Shaken Baby Syndrome (SBS) is the number one killer of child abuse victims. These children, most just infants, sustain these injuries at the hands of the very people who are supposed to take care of them: their parents and their caregivers. What Is SBS? Shaken Baby Syndrome is a form of traumatic brain injury that occurs when a child, most often an infant, is shaken violently, hit, or dropped. The majority of victims of SBS are infants less than 1-year old, when they are most vulnerable due to their neck muscles not being well developed. The act of shaking causes their head to rotate at a high speed and their brain can move back and forth within the skull. This movement can cause bruising of the brain, swelling and hemorrhaging. If there is… Continue Reading
Lack of Supervision at Daycare Can Result in Injuries to Children
Posted in Day Care AccidentsDaycares are a great option for parents who are unable to watch their children during the day. These facilities are intended to entertain, nurture, and educate children while keeping them safe. Unfortunately, neglect by caregivers occurs with shocking regularity in some of these facilities, and may lead to devastating injuries. When day care attendants fail to adequately supervise children attending their programs, they can be held liable for any subsequent injuries. Possible Injuries Because of their natural curiosity and the fact that they have not fully developed, children are more susceptible to injuries than adults. As such, even seemingly minor accidents can lead to somewhat serious injuries such as: Broken bones Lacerations Internal organ damage Head injuries Brain damage Scrapes and bruises Although kids may be able to recover from broken bones or bruises, the costs of treatment may still be high, and sadly, some children suffer from much more… Continue Reading
Chicago Tribune: 6,000 IL Day Care Facilities Go Uninspected Every Year
Posted in Day Care Accidents[PHOTO CAPTION: 16-month old Benjamin Kingan died after suffering a head injury at the Minee Subee day care center in Lincolnshire, IL. Though regulators often visited Minee Subee, their predictable timing meant the owner could plan for their visits. (Photo courtesy of the Chicago Tribune)] A recentfront-page story from the Chicago Tribune claimed that nearly half of Illinois’ 12,300 day care facilities go unregulated. According to the article, employees at the Department of Children and Family Services (DCFS) handle as many as 100 facilities each – more than double the recommended national guideline. “I don’t have any doubt we are failing to inspect a very substantial portion of day cares on an annual basis,” said DCFS spokesman Kendall Marlowe, who blamed the regulatory agency’s failures on budget cuts and staff shortages. In Illinois, DCFS is responsible for licensing day care providers and enforcing safety standards. By law, DCFS is… Continue Reading
Ways to Protect Your Child from Choking Injuries and Death
Posted in Day Care AccidentsAs parents, we aim to have our children grow up safe and happy. However, accidents can happen which is why we need to take steps in order to reduce the chance of an unintentional injury. When your child is injured as the result of someone else’s negligence, such as a toy manufacturer who made a dangerous or defective product, speak with Burlington County personal injury lawyers to learn your legal rights and options. Safe Kids USA reported that almost 60 percent of nonfatal choking incidents treated in emergency rooms are attributed to food. There are certain foods that are at a much higher risk of causing your child to choke, and when possible these foods should not be given to young children or to only do so under careful observance. The foods with the greatest choking hazard include: Hot dogs Cheese sticks or cubes Hard candy Nuts Grapes Popcorn Marshmallows… Continue Reading
Police Investigating Suspicious Death of Infant at Day Care Center
Posted in Day Care Accidents[PHOTO CAPTION: The exterior of Sunflower Christian “Montessori” day care center in Hoffman Estates, IL. (Photo courtesy of the Chicago Sun-Times)]. Police have yet to say whether the recent death of a 4-month-old girl in a Northwest suburban day care center was a murder. On April 18, paramedics were called to an unlicensed day care center on a residential street in Hoffman Estates, IL. They found Anna Belle Chung unconscious, with no outward sign of injury. She died three days later at Children’s Memorial Hospital in Chicago. A preliminary report from the medical examiner’s office lists Sudden Infant Death Syndrome (SIDS) as the cause of Anna Belle’s death. According to figures from the Illinois Department of Child and Family Services (DCFS), about 50 infants die each year as a result of being shaken. A spokesman for DCFS said the agency had had prior contact with the day care center,… Continue Reading
Lawsuit Filed Against Babysitting Facility Where Toddler Was Abused
Posted in Day Care AccidentsA civil lawsuit was recently filed against the operator of a babysitting facility in the Chicagoland after law enforcement officials determined that abuse from a caregiver caused the child’s death. The lawsuit claims that the operator of the babysitting facility was negligent in failing to provide proper supervision of staff and failing to provide timely medical care for the injured child. After an exhaustive investigation by the medical examiners office, forensic evidence established that the 20-month-old girl was hit with great force several times by the caregiver on August 31, 2009. Four days later, the child died from multiple injuries including: cranio cerebral injuries, blunt head trauma and child abuse. Presently, the caregiver is in the custody of the Cook County Sheriff as he waits a trial date for his murder chargers. Home-based care for children Home-based day care is an increasingly popular care arrangement for children. In Illinois, home-based… Continue Reading
Federal Government Issues New Crib Standards for Hotels; Daycare Centers
Posted in Crib Safety, Day Care Accidents[Caption: A ban on “drop side” cribs may render scenarios like this one obsolete. (Photo courtesy of CPSC)] In response to at least 32 infant deaths caused by “drop-side” cribs, the Consumer Product Safety Commission (CPSC) recently issued stringent new rules for cribs in hotels. As of December 2012, all U.S. hotels and motels must: Remove all drop-side cribs Use cribs with stronger wood, to prevent slat breakage Strengthen mattress supports Use anti-loosening devices to help keep hardware secure The new regulations also affect childcare centers, and places “of public accommodation.” The rules come after a general ban of drop-side cribs on June 28. “I’m pleased that parents, grandparents and caregivers can now shop with confidence,” said CPSC Chairman Inez Tenenbaum in a statement. “The day has come where only stronger and safer cribs are available for consumers to purchase.” Drop-side cribs have a detachable wall that “slides” up and… Continue Reading
Funding Pulled From Group Home For Children Following Discovery Of Abuse
Posted in Burns, Day Care AccidentsFor handicapped children, living in a group home environment with peers facing similar disabilities can be a real gift. Unlike other living arrangements where children can feel significantly out of place, group homes for disabled children and young-adults hopefully foster an environment of support and encouragement. Understandably, many of these young people require supervision. When staff at these facilites fail to use their common sense and supervisory responsibility, the opportunity for dangerous and abusive conditions rears its head. Abusive conditions were recently discovered at a group home for young-adults in Florida. An investigation completed by in collaboration by officials from Florida’s Department of Children & Families, Attorney General’s office and local police confirmed that staff at a facility identified at O’Carroll Homes, tortured a 17-year-old girl who was a resident at the facility. The investigation revealed that four employees burned the severely disabled teen with a clothes iron in… Continue Reading
Child’s Death At Day Care Demonstrates Need For Tighter Regulations
Posted in Day Care Accidents, Swimming Pool DrowningsTragedy has stunned a Chicagoland community after a two-year-old girl at a home-based day care drowned when she managed to gain access to a swimming pool at the home. The child was one of 10 children (7 children from outside the home and 3 of her own) the caregiver was looking after at her home in Aurora, IL. Just months ago, the Illinois Department of Children and Family Services (DCFS) conducted an allegation of neglect at the same operation, and while the neglect allegation was not substantiated— the owner of the facility was cited for for operating an unlicensed day care facility. DCFS officials have confirmed that the owner of the day care did apply for a license in June, but the application had not been reviewed and no license was granted at the time of this incident. Licensing of Day Care Facilities In Illinois Most states have licensing… 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 AbuseIn 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 AbuseChildren, 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
Signs Of Childhood Abuse May Not Always Be Apparent
Posted in Day Care Accidents, Sexual AbuseIt is not uncommon for children to have scrapes and bruises from learning to walk or playing games. But, many common injuries can also be caused by abuse or neglect. There is no one injury that makes it obvious that abuse is occurring. Instead, it is often the regularity of injuries or location or grouping of injuries that are indicators of abuse. Indicators of child abuse include situations where the child: Has bruises, broken bones, burns, or black eyes that they cannot explain Has injuries that are healing after they have missed school or child care Seem unwilling to go home or is afraid of parents/caretakers Recoils at the touch of a parent/caretaker Reports a suspicious injury/scenario A parent or caretaker can also display indicators of abuse. These include: Offering unconvincing or conflicting explanations for a child’s injuries Describing the child in overly negative terms Disciplining the child in a… Continue Reading
Understanding The Regulations Pertaining To Day Care Facilities Is Crucial To Protecting Your Child
Posted in Day Care Accidents, Foster Care AbuseDay 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
Watchdog Group Confirms Trouble At Chicago Nursing Home Caring For Disabled Children
Posted in Day Care AccidentsA federal watchdog group has confirmed widely published news reports of unnecessary death at a well known Chicago nursing home that caters to disabled children and young adults. After conducting its own investigation of care at the facility, Equip for Equality has confirmed at least five more deaths at Alden Village North were related to poor care and slopping medical care. According to a recent article from Wgntv.com, basic protocols such as: improper diagnoses, delayed physician responses to staff inquiries and ignored lab results were to blame at least eight deaths at the Chicago institution since 2008. These investigative results come on the heels of earlier reports regarding the recent deaths of young people at the facility due to similar errors. Not surprisingly, a spokesman for Alden disputes the findings; While we respect the work of Equip for Equality, we strongly disagree with their conclusions in this report. The reality… Continue Reading
Daycare Owner Faces Murder Charges Following Death Of Infant
Posted in Day Care AccidentsAs a lawyer who frequently sees children injured in a day care setting, I am frustrated by how many of the situations that give rise to a child’s injury get brushed away and forgotten because their is inadequate evidence to support a criminal charge against the caregiver. In this sense, I was actually glad to see prosecutors exercising some muscle when it came to criminally charging a daycare owner where an infant recently died under her care from traumatic injuries. Despite conflicting stories, the daycare owner, Christina Suzanne Lyons, will be charged with injury to a child and capital murder. The charges stem from a November incident that left a 10-week-old boy with traumatic injuries to his head and ribs. Despite extensive medical treatments, the little boy died soon after the incident. The incident itself is at issue with differing versions of how the injuries occurred. According to Ms. Lyon’s… Continue Reading
Almost A Year Later…. Confusion Still Surrounds Death Of Child In Chicagoland Day Care Center
Posted in Day Care AccidentsA suburban Chicago judge will soon determine how many—if any of the statements made by day care worker, Melissa Calusinki, during a video-recorded police interrogation will be admissible at her upcoming criminal trial. Calusinki is charged with first-degree murder following the death of a toddler, Benjamin Kingan, at Minee Subee in the Park day care center in 2009. Conflicting statements made during the four-hour interrogation by both Calusinki and the police enforcement officials interrogating her provide little clarity as how the toddler’s fatal head injury occurred. During some portions of the interrogation, Calusinki claims that the boy’s injury resulted from him throwing himself on the ground, yet in other portions it appears as though Calusinki played more of an active role— and actually threw the boy to the ground. As Ms. Calusinki awaits trial, she remains in custody of law enforcement authorities, as she was unable to satisfy the $5… Continue Reading
Toddler Receives Burns In Daycare Due To Caregiver’s Poor Judgment
Posted in Burns, Day Care AccidentsA two-year old toddler is spending time in the burn unit of an Indiana hospital after the caregiver at his daycare center tried to apparently teach him a cruel lesson for poorly aiming while urinating. After an initial claim that the boy simply ‘fell’ into a tub of lukewarm water, the caregiver acknowledged that the boy received scald burns when she deliberately placed him in boiling hot water at her home-based daycare center. Now the caregiver and daycare owner, identified as Irene Martin, faces criminal charges of felony neglect and battery. If convicted, Ms. Martin would spend at least 12-and-a-half years in jail. Childhood burns The toddler in this case sustained second degree burns to his legs, back and penis. Part of the necessary medical treatment will likely include a procedure known as skin graft where healthy skin is harvested by surgeons and transferred to an burned area. My heart… Continue Reading