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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 
CONSULTATION REQUEST
Note: All fields are required.

 I have read and understand the Disclaimer

from our blog


Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Mesa Daycare Worker Booked for Child Abuse

There are times when those we trust to care for our children not only fall short in their duties, but actually abuse or mistreat our children and violate our trust.  Unfortunately, instances of caregivers violating our trust happen frequently as illustrated by a recent case in a Mesa daycare.

Mesa Police Department officers responded to a claim of abuse at a daycare in Mesa.  According to police, someone called the department to report possible mistreatment of children at Cholla Montessori Childcare.

When officers arrived at the daycare located near University Drive and Gilbert Road, they found one child wrapped tightly in a blanket with her right arm behind her back to restrict all movement.  The two-year-old girl was unhurt, but was hot and sweaty from being restrained so tightly in the blanket.

Detective Steve Berry said that “detectives did find a 2-year-old girl who was restrained physically in a sleeping area, she was not able to move about.”

Police interviewed employees, identified the suspect and then arrested her for mistreatment of the two-year-old.  Lauren Miller, 21, was booked on suspicion of child abuse and unlawful imprisonment.

A former co-worker of Miller, Bailey Turley, who is no longer an employee of the daycare, said that she tried to untie the knot in the blanket, and it was so tight she could barely do so.

Turley also said that Miller had been tying up not only the children she supervises, but restraining other children as well so there was no movement during naptimes.

Miller admitted to police that she did restrain the child in the blanket so the girl would not disturb other children during naps, but she did not feel that restraining the child was wrong.  She was arraigned on Friday, October 18, held on $2,700 bond, and is due back in court on October 24.

Cholla Montessori Childcare’s owner is cooperating with police and said that she was unaware of the alleged mistreatment by Miller.

If your child has been abused or mistreated while under the care of a trusted guardian, an experienced Arizona child negligence attorney will hold these adults accountable for their actions.  Many times when abuse happens, the only witnesses to the abuse are the child and the care giver.  It takes an aggressive, competent child injury attorney to investigate the case and navigate the complexities of daycare abuse to assist you in obtaining the justice for you and your child.

Original story found here.

Proposed Federal Standards for Child Care Facilities

The Department of Health and Human Services (HHS) recently announced that it will seek to impose strict national health and safety standards for any child-care facility that utilizes federal funding.

The HHS proposals will require first aid training for all workers in federally subsidized child care centers.  About 513,000 centers that receive government subsidies would be affected by the new regulations. About one in five children who receive the child-care subsidy receive care in unlicensed and unregulated facilities. This is troubling because the potential for serious injuries is much higher at unlicensed facilities.

Although federal standards are already in place for child care facilities, they only require the prevention of infectious diseases; safe premises; and minimal health and safety training. Many states have additional standards. For example, Arizona has a number of regulations that govern everything from the required size of a room to how many children can be in a room per adult. The new HHS regulations would not impede a state’s ability to license a particular facility.

The proposed regulations will make most of an impact in states with lax standards. Virgina, ranked by the Child Care America as the state with the lowest child care standards, allows providers to care for 6 unrelated children before requiring a background check or licensing. On the other end of the spectrum, the District of Columbia, requires caregivers to get a license even if they only care for one child.

HHS has opened the regulations up to public comment for 75 days.

Source: Brigid Schulte, HHS Announces First Nationwide Safety Standards for Child Care, Washington Post (May 16, 2013)

 

ADA Protection for Children with Food Allergies and Negligent Serving

Anaphylaxis, the most common reaction to food allergies, can be serious and life-threatening. Anaphylaxis can cause a rapid onset of rashes, swelling of the face and throat, as well as serious neurological, cardiovascular, and respiratory problems. According the Center for Disease Control (CDC) 4 to 6 % of children under the age of 18 have a food allergy that can lead to anaphylaxis.

Children with a family history of asthma or allergies or a genetic predisposition for allergic disease are at greatest risk for food allergies. Young children, under the age of 3, are particularly vulnerable. The CDC believes that the rates of children diagnosed with food allergies appear to be on the rise.

The most common sources of food allergies include: dairy, eggs, fish, gluten, legumes such as peanuts, shellfish, soy, and tree nuts. A significant percentage, upwards of 18%, of children suffering from food allergies have allergic reactions to food given to them at school. However, now students may have legal protection under the Americans with Disabilities Act (ADA).

The ADA forbids schools and businesses open to the public from discriminating against individuals with disabilities. Earlier this year Lesley University, located in Massachusetts, settled a lawsuit brought by the US Department of Justice alleging that the school violated the ADA by failing to provide students suffering from food allergies accommodations in its meal plan system.

Protection by the ADA is fairly new approach to protecting students with food allergies. Additionally, schools also owe a legal duty of care to the children that attend. Negligently serving or failing to warn students of allergen contaminated food when the school is aware of a student’s allergy can lead to liability for the child’s medical complications and injuries. Food manufacturers who fail to warn of allergens may also be liable for selling products with defective warnings.

Source:

Mary Clare, Food service vulnerable to food allergy lawsuits, Usatoday.com (January 18, 2013).

Accidents at Unlicensed Child Day Care Facilities

Most states, including Arizona, require day care providers to be licensed by the state. A.R.S. § 36-897.09 and A.R.S. § 36-886 requires that any individual providing child care for more than 4 children at a time must be licensed with the Bureau of Child Care Licensing.

Allowing children to be placed with unlicensed child care providers presents significant risks to the child. Unlicensed providers may have conducted inadequate criminal background checks. Further, unlicensed providers have no ratio requirements to limit the amount of children per adult supervisors. Too many children per adult decreases the effectiveness of supervision. First Aid and CPR are also required training by all licensed care providers while unlicensed providers may or may not have received training. Additionally, unlicensed daycare providers usually do not have liability insurance. Liability insurance is essential to allow recovery for injuries to children that happen at daycare. A facility that lacks insurance may not have the resources to pay for an injury to a child, thus rendering them judgment proof even if a successful claim can be brought proven against them.

You can check to see if a day care provider is licensed by visiting AZcarecheck.com. Keep in mind that the licensure requirements do not apply for the homes of parents or relatives, daycare in conjunction with religious services, and many other school related programs.

If a child is injured in an unlicensed facility it is important to report the facility by filing a complaint with the state. Although unlicensed providers may be less expensive than licensed providers in some circumstances, the safety risks can significantly outweigh the benefits.

New Safety Rules Take Effect for Play Yards

On February 28, new federal safety standards go into effect for infant and toddler play yards.  A play yard is a framed enclosure with a floor and sides of either mesh or fabric. A product that usually can be folded for easier storage and travel.

Manufacturers and importers of infant and toddler play yards will be required to meet these new federal safety standards:

  • To prevent a child from strangling, side rails must not form a sharp V when the play yard is folded.
  • The play yard must have stronger corner brackets to prevent sharp-edged cracks and to also prevent a side-rail collapse.
  • All play yards must now have sturdier mattress attachments to the play yard floor to prevent children from getting trapped or hurt.

The Consumer Product Safety Commission (CPSC) has passed these new safety standards as part of the Danny Keysar Child Product Safety Notification Act, better known as “Danny’s Law.”  In Chicago in 1998, Danny Keysar died when a previously recalled play yard collapsed while he was napping, suffocating him.  CPSC passed these new standards to honor Danny and his family.

CPSC advises parents and caregivers who use a play yard for their toddler or infant to keep it bare of items because pillows, stuffed animals, or thick blankets can cause the suffocation deaths of infants.

When using a play yard for your infant or toddler, make sure you set it up properly according to the manufacturers’ directions. Only use the mattress pad provided with the play yard. Do not add extra padding.

And one more very important piece of advice from the CPSC, never place a play yard near a window with blinds, curtain cords, or baby monitor cords, because babies can strangle on cords.

Original article found here.

Parents Call An Arizona Child Injury Attorney When Playground Turns Dangerous

When you drop your child off in the care of teachers at the school or a daycare center, you assume that your child will be properly supervised and that the playground equipment will be safe, in good-working order, age-appropriate, and designed to minimize the occurrence of potential falls and injuries. After all, isn’t it their job to watch over and protect the children who are placed in their care?

An experienced Arizona child injury attorney knows that playground accidents and injuries don’t just happen at schools and daycare centers. Accidents can happen when a parent takes a son or daughter to play in the local park or when a child plays with a neighbor in the backyard. An Arizona child injury attorney also knows that it isn’t necessarily a supervision problem that results in playground accidents. Defective designs, faulty manufacturing, and improper installation procedures can render playground equipment dangerous and the source of serious child injuries.

Arizona Child Injury and Safety Attorney Discusses the Dangers of Playgrounds

Nothing strikes terror in a parent’s heart more than news that his or her child has been injured and is in the emergency room after a serious playground accident. With children under the age five, injuries to the child’s face and head are more likely to occur during a playground incident. With children over the age five, injuries to the child’s extremities occur with greater frequency. Playground accidents commonly result in fractured bones (arms and legs), soft-tissue injuries, and lacerations. Unfortunately, playground accidents can also result in traumatic brain and spinal cord injuries . Any of these injuries can be severe, life-altering, and even life-threatening.

Most children’s injuries from playground equipment involve falls, so ensuring that the equipment is at a safe height given the age of the children using that playground is a safety essential. But there are many problems that can render monkey bars, swings, ladders, slides, merry-go-rounds, rings, jungle gyms, and playground equipment in general unsafe. Failing to replace or remove damaged playground equipment is certainly a safety concern for children. Maybe the school, park, or childcare facility decided to cut back on its expenses by skipping regular inspections or delaying necessary repairs, a painfully inadequate excuse for endangering any child’s health and safety. Maybe the school, park, or daycare facility did not have the appropriate shock absorbing surface under the playground equipment.  Perhaps the playground equipment had inappropriate platforms without guardrails or protective barriers.  Maybe the accident involved playground equipment that is not recommended for use on public playgrounds including:  Trampolines, Swinging Gates, Giant Strides, Climbing Ropes, Heavy Metal Swings, Multiple Occupancy Swings, Rope Swings, or Swinging Dual Exercise Rings and Trapeze Bars.

Holding Responsible Parties Liable for Child Accident Victims

Whenever a child’s playground injury is the result of negligent supervision, defective equipment, dangerous playground conditions, poor maintenance, inappropriate use of materials like asphalt, cement, or hard-packed dirt, to name only a few possible hazards, the parties responsible should be held accountable and fairly compensate the injured party’s family.

There are a couple myths regarding playground child injury cases that need to be dispelled. First, some parents believe that if their child was injured while using the equipment inappropriately that there can be no recovery – this is absolutely not so. Although the value of the ultimate recovery may be affected, there still can be a potentially valid legal claim for compensation depending upon the circumstances of the incident.  This is especially true of facilities that do not have sufficient staff supervising to protect against misuse for the number of children at the play area.  Second, other parents may feel guilty and hold themselves responsible for allowing their child to play on the unsafe equipment in the first place – please do not let this guilt dissuade you from holding those responsible for the defective equipment accountable on behalf of your and other children. Holding the individuals, bureaucrats, and corporations that created the hazardous playground environment responsible and accountable not only helps your injured child and family recover, but also protects other children because your claim is a powerful deterrent against continued dangerous acts or omissions with respect to playground safety concerns.

When the Playground Becomes an Accident Scene

Arizona child injury and safety attorney Shane L. Harward has the experience you need to get fair and just compensation following your child’s playground injury. He has been fighting for the rights of Arizona’s injured children since 1995. When it is your child who has been injured, don’t delay – call 480.874.2918 today. When you need compassionate representation and aggressive advocacy from an Arizona child injury attorney, contact the Law Offices of Shane. L. Harward.

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