ChildCare : Child Rules & Regulations » ChildCare Gone Wrong

Child Custody and Issues

galleca — Mon, 11 May 2009 09:55:46 +0000

Child guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child.

Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as “residence” and “contact” (known as “visitation” in the United States) have superseded the concepts of “custody” and “access”. Instead of a parent having “custody” of or “access” to a child, a child is now said to “reside” or have “contact” with a parent. For a discussion of the new international nomenclature, see parental responsibility.

Basic issues

Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case. Here are some basic matters relating to custody.

In custody disputes, what is the paramount criterion?

The paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. The court, in arriving at its decision as to whom custody of the minor should be given, must take into account the respective resources and social and moral situations of the contending parents. Nevertheless, this primordial rule can override the rights of one or both parents over their children.

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

Is this rule absolute?

This rule is not absolute. Even a mother may be deprived of the custody of her child who is below seven years of age for “compelling reasons.” Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

I left my child to a relative, even signing a document to such effect. Am I barred from taking back my child?

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same.

The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?

While such choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person.

Child Abuse

careen — Mon, 09 Mar 2009 13:36:22 +0000

Every child has the right to grow up in an environment which promotes his or her health and safety, free from abuse and neglect. When we talk about abuse and neglect, we are not merely talking about physical abuse but also mental and sexual abuse.

Tennessee law requires the reporting of suspected child abuse and protects the identities of the person reporting the abuse. Tennessee also allows the state to intervene in the parental rights to raise the child, and also provides criminal sanctions when a child is abused or neglected.

The cycle of abuse is often repeated from generation to generation and may require professional intervention to break the chain. Also, many instances of child abuse or neglect to unreported because people don’t want to get involved, or believe that it will disappear in time, or are simply afraid of legal liability. The laws of Tennessee are specifically aimed at these problems.

Tennessee Code Annotated, Title 37, Chapter One, Part Four requires that any person having knowledge of child abuse or neglect must report the abuse to the Juvenile Court Judge, or the Department of Human Services, or the Sheriff or Chief of Police. Failure to report child abuse or neglect is a crime. Reports of child abuse are confidential and if the report is made in good faith, the person making the report cannot be sued or charged with crime for reporting.

The report leads to an immediate investigation and if the situation calls for it the child may be removed from the home.

If the authorities believe that there is a need for court intervention, a petition will be filed in Juvenile Court asking the court to intervene and protect the child. This is called a dependency and neglect action. It is not a criminal action and no one is charged with a crime. A separate criminal action can be instituted. In a child abuse case in Juvenile court the petition alleges that the home of the child is unfit by reason of neglect, cruelty, depravity, or physical abuse by the parent, guardian or other person having custody.

The petition alleges certain facts, which if the court finds are true, could cause the child to be declared dependent and neglected.

If it is possible that a parent may lose parental rights, they have a right to be represented by an attorney. If they cannot afford an attorney the court will appoint one.

After a finding that the child is “dependent and neglected”, the court may make an order to protect the child. The court has the power to remove the child from a custody of persons otherwise entitled to custody and to order participation in counseling and psychiatric sessions. The court also has the power to place the child in the home of a relative or into foster placement.

The dependency cases are reviewed from time to time to determine the current status. At these review hearings, the court reviews the case and determines what will best serve the minor at that time. Once the court assumes jurisdiction over a child, it may continue to intervene until the child reaches 18 years of age.

In some instances, the investigation leads to a criminal complaint being filed. The basic child abuse provision in Tennessee is Tennessee Code Annotated Title 29 – Chapter 15, Part 4. Generally stated, the section proscribes willful cruelty toward a child, and endangering life, limb, or health of a child. The charges in this sort case are not limited to this basic provision, but may include charges of other crimes as well.

To report child abuse, call the Department of Human Services – under Tennessee law if you have knowledge of child abuse or neglect you must report it. The number for the Department of Human Services in Knoxville is 594-6767.

Child Abuse, My Father and a Family in Denial

careen — Thu, 26 Feb 2009 13:35:52 +0000

I start out this child abuse article on a piece of painful abuse. My daughter is 9 years old. She recently told me about some abuse going on for at least 8 months. You see, I am a devoted daughter to my parents. But, out of the course of my life my father has some mental illness. He has never been diagnosed. He refuses to think he has any kind of problem.

He has been sexually abusing my daughter for awhile now. She has been told to not tell anyone and especially her mother. I have been a protective mom. Nonetheless, try to teach my children to be careful of men and women and strangers.

I feel betrayed. I am now an outcast from the rest of the family because I spoke up. And to their disappointment, to the law. They all felt I should have discussed this with them. But, I did the right thing and went to the law.

Now it has been 3 months. And the loss of my family has been devastating. My father denies everything. But, my daughter is sure of everything he has done to her is true. I now face the future of both of my parents hating me. I only protected my daughter. My father has a history of lies, and making up stories that aren’t true. My mother and I had been close forever.

I am 45 years old. The law and counceling says I did the right thing. I know I did the right thing. I am on this earth to protect my child. Please readers, believe your children. Always ask questions if a relative seems to have special interest in your children. I thought he was just playing a game down in the bedroom. No, I guess not. He was playing a game with my daughter’s innocence. It hurts, but she is away from that monster who tried to steal her youth away from her. He needs help. I hope the law will prosecute him to full extent. He has been arrested for sexual abuse, first degree of sexual abuse and first degree on child endangerment. Please let me know if anyone has some input on healing.

Police: Parents Catch Nanny Abusing Their Son On Tape

careen — Wed, 18 Feb 2009 11:44:28 +0000

CHEROKEE COUNTY, Ga. — Cherokee County detectives arrested a 23-year-old nanny after the parents of a child produced a video tape showing alleged abuse of a boy, authorities said.

Officials said Smith was charged after the parents of a 13-month-old boy reported they had a video of Smith slapping their child in the face, pushing the child to the ground and pinching the child on the leg. The family said they recently began videotaping their living room due to concerns they had about their son’s behavior.

“And actually the first day that they placed this video camera, within the first hour of this babysitter watching the child, they captured the images on video,” said Sgt. Jay Baker with the Cherokee County Sheriff’s Office.

The child’s parents said they never expected what they saw on the video. They said Smith attacked their son as he stood crying at the bottom of some stairs.

“On the video, you see the babysitter slap this 13-month-old boy in the face. She also pinches the boy and pushes the child to the ground,” said Baker.

The parents said they hired Smith from a national online childcare service that specializes in in-home child care — called www.SitterCity.com. Smith had worked in the home 3 days a week since September.

“Apparently she’s been a babysitter for numerous years and has worked for this SitterCity.com for at least four years,” said Baker. “It’s just one of those things where you can’t be too careful about who you invite into your home to watch your children. And fortunately this family was smart enough to capture these images on video.”

When contacted by Channel 2, Melissa Underwood with SitterCity.com released the following statement: “Sittercity takes our position as the safest way to find childcare very seriously. We have a detailed four-step screening process that parents can conduct on sitters, including references, parent feedback, an interview process, and background checks. As soon as the allegation was reported to us, we immediately took action and terminated the sitter account in question.

Childcare abuse shock for parents

careen — Mon, 09 Feb 2009 11:20:31 +0000

EXCLUSIVE: CHILDREN have been abused, battered and abandoned in childcare centers across Victoria. Some were subjected to illegal punishments.

One carer picked babies up by one arm and dropped them on the ground to discipline them.
And 25 children, as young as 17 months, roamed free from centers.

The Government refuses to identify the centers, claiming it would be a breach of confidence and inhibit its capacity to collect such information in future.

Only four centres were prosecuted in the same period — all for allowing children to wander off.One carer said many incidents went unreported, despite mandatory reporting laws.

“Some parents are never even told of incidents involving their children,” the carer said.The documents show unreported incidents, including force feeding babies, were uncovered during other investigations.

A worker accused of smacking three children, pushing one off a swing, pinching another and pulling a child’s hair, was allowed to continue to work under supervision because the claims could not be proved.

The worker who dropped babies on the ground and force fed them was sacked. Claims the same worker hit a baby with a laminated sheet could not be substantiated.

A CHILD spent a night in hospital after being given 15 times the required amount of medication. CHILDREN at one center were left unattended in fenced-off areas.

Childcare worker Bronwen Jefferson said parents had a right to expect their children to be properly cared for. “You want to think when you drop your child off that they will be safe.”But the ratio of childcare workers to children in Victoria is not adequate . . . you’d have to be superhuman to carry out that all day diligently.”

Centres should have one qualified carer for every five infants up to two years old, and one carer for every 15 youngsters aged three to five.

“I hear from our members repeatedly that it’s just too hard to look after that many children and they’re completely burnt out,” union boss Jess Walsh said.”It’s not just a matter of ratios, it’s the other tasks, such as cleaning, that staff are required to do.”

The Government promised to review staff levels before current childcare regulations expired in May.
But just four days before Christmas, centres were told the rules would remain in place another year to allow for “further consultation”.

Opposition children and early development spokeswoman Wendy Lovell said the Government has had eight years to review the rules.

Children and Early Development Minister Maxine Morand said Victoria had Australia’s most robust on-the-spot inspections regime.Ms Morand said staffing exemptions were vital to keep some centres open.”We will work hard to make sure Victoria gets its fair share of the fully funded 8000 new early childhood TAFE places promised by the new Rudd Government,” she said.

A Department source said there was a reluctance to prosecute centers because the bad publicity would place further strain on already over-stretched services.”If the public heard what happened at some centers there would be a stampede to get kids out,” the source said.

One of the four centers prosecuted was the ABC center at Hoppers Crossing, where an autistic toddler with a fascination for cars was almost run over in busy Werribee Park Plaza car park after wandering unnoticed from care.

Babysitter accused of assaulting boy

careen — Thu, 05 Feb 2009 11:32:29 +0000

A 36-year-old Toronto man has been charged with sexually assaulting a boy he was babysitting.

The 10-year-old victim was allegedly assaulted over the course of two years while in the care of the adult, Toronto Police said yesterday.

And investigators fear there may be more victims.”He would get to know families and eventually end up babysitting for them,” Det. Liz Benoit said.”The investigation is continuing and there could be other victims out there.”Benoit said the accused would befriend people through community groups and look after children at their homes.Thomas Chung Tam has been charged with sexual assault, and two counts each of sexual interference and sexual exploitation.

Anyone with information should contact Toronto Police at 416-808-1305 or Crime Stoppers at 416-222-TIPS.

Tam is to appear in a Finch Ave. W. courtroom today.Meanwhile in Pickering, Durham Regional Police are looking for a man who approached a nine-year-old boy at an arena and offered him a ride in his van.

The boy was sitting on a snowbank on the north side of Don Beer Arena, on Dillingham Rd. around 4:30 p.m. on Dec. 15, police said yesterday.A man was seen leaving the arena, getting into a van in the parking lot and then driving towards the boy.

The man started a conversation with the boy, introduced himself as Steve, and offered to give the youth a ride to find his parents. The boy ran into the arena.

The man is white, about 50 and 6-feet-tall. He had greyish-brown short hair and a moustache and wore a green wool vest.

Deadly Dose Of Daycare

careen — Wed, 04 Feb 2009 11:39:04 +0000

(AP) Paula Burcham ran the kind of day care working mothers dream about.

Her house was immaculate, the children’s meals were home cooked. Kids would line up to get a hug from “Mama Paula.”

But the families who trusted Burcham didn’t know she was giving over-the-counter medicines to their children without their permission. Some now suspect she was using the drugs to sedate cranky little ones.

On Aug. 15, Burcham was sentenced to eight years in prison for giving a 3½-month-old girl a lethal dose of Benadryl. And since Grace Olivia Fields’ death in December 2001, her parents have found they are not alone in their loss.

In the last three years, at least 10 other cases of day care workers allegedly sedating children with cold medicines and cough syrups have been investigated nationwide. Four babies died in those cases. At least four people were charged, with one acquittal, and some cases are still pending.

Grace’s mother, Tracy Fields, and other parents are now pushing for new laws that would make it a felony for day care workers to give a child medicine without written permission from a parent or a doctor’s order. One state has already passed such a law.

“I don’t want any other parents to go through this,” Fields said. “It didn’t take a whole lot for this beautiful little baby to die from an over-the-counter medicine.”

There is also a growing movement among medical examiners for greater awareness of the practice, as some pathologists fear babies who died after being drugged were written off as sudden infant death syndrome cases.

Burcham had poured about a tablespoon of children’s Benadryl into a four-ounce bottle of breast milk before feeding it to Grace. The dose was three times more than what would be needed to sedate an adult.

Burcham admitted giving the baby the drug, but denied it was to control behavior. Her critics aren’t swayed.

“She found a way to make those kids sleep half the day,” Fields said, adding her 2½-year-old daughter told her she was given “bubble gum” flavored medicine before nap time at Burcham’s.

Drug makers are adamant that their medicines aren’t intended for infants and put warnings on containers that doctors should be consulted for use in any child younger than age 6.

Dr. William Sears, a pediatrician and author of books on infant sleep, said it is an “old school” practice to use cold and allergy medications to sedate babies, but even using a small amount of drugs is dangerous.

“Categorically, sedative medications have no place in day care,” he said.

Young babies need to awake easily to protect themselves from dangers like choking when they spit up. The sedative interferes with that natural waking mechanism, Sears said.

Sharon Dabrow, associate professor of pediatrics at the University of South Florida, said some pediatricians do advise parents to use appropriate doses of Benadryl to sedate children who are at least 12 months old. Dabrow doesn’t recommend it.

“Our society is so wrapped up around medications being a fix for anything,” she said. “To be using it (Benadryl) on a 3-month-old is just horrible.”

In Mobile, Ala., Robert and Mary Hernandez’s 2-month-old son, Douglas, died last year at day care after being given a combination of drugs found in allergy and cold medicines.

A toxicology test turned up the drugs. A grand jury is expected to hear the case later this year.

The Hernandezes have sought a state lawmaker’s help to introduce legislation that would make it a felony for a day care provider to give a child medication without their parents’ permission or the consent of a doctor.

Parents whose children died in Ohio and North Carolina have waged similar campaigns.

Last month, North Carolina made it a felony to give children medicine without permission. That law was named for 5-month-old Kaitlyn Shevlin, who died in 2001 after being given the generic form of Benadryl. Her caretaker, Josephine Burke, served four months in prison on misdemeanor charges of child abuse and neglect.

Ohio communities have begun adopting ordinances prohibiting the unauthorized use of medicines in day cares following the 2000 death of Allison Kuczmarski. Baby sitter Karen Zemba pleaded guilty to reckless homicide for giving the baby Benadryl, but was sentenced to just 250 hours of community service.

The cases of five otherwise healthy infants who died from overdoses of diphenhydramine, one of the ingredients in Benadryl, were detailed in an article published earlier this year in the Journal of Forensic Science.

The research began after high levels of the drug were found in a baby who died in Virginia in 2001. Everyone who had access to the child has denied giving him the medicine; the case remains under investigation.

In all five cases examined in the project “the medication was not used for the benefit of the infant, but for the benefit of the person administering it,” said Andrew Baker, the assistant chief medical examiner in Minneapolis who led the research project. “We aren’t talking about runny noses or allergies here.”

Baker said he hopes the article will persuade pathologists to conduct toxicology tests on babies who die from seemingly no cause. He also warned parents to be wary of day care providers who give medicines without permission, even appropriate doses of needed ones.

“I believe things like this are probably very rare,” Baker said. “But the reality is unless you are testing for this, you are never going to know.”

Childcare gone wrong : part 1

ichatmedia — Mon, 26 May 2008 03:46:38 +0000

Baby Sitter, 60, Accused of Assaulting Two Young Girls
A West Salem, Wisconsin man is charged with sexually assaulting two 9-year-old girls he was baby-sitting. According to a criminal complaint filed in La Crosse County, William Ogden, 60, used duct tape to cover the mouth and bind the hands of one of the girls and locked the other girl in the closet.

Babysitter Charged of Killing Infant in Lancaster
Police have charged a 19-year-old man in the killing earlier this week of an infant he was babysitting, officials said. Andrew Dion Ingram was charged with capital murder for the death Monday of 1-year-old Aaron Elwood Jackson, officials said. Mr. Ingram was being held Thursday at the Dallas County Jail in lieu of $500,000 bail, according to jail records.

Baby Dies After Being Rushed to Hospital
An 8-month-old boy died at the hospital after he stopped breathing while in the care of a babysitter, authorities said. The Sheriff’s Station got a call at 4:21 p.m. about a baby not breathing from a house in the 10500 block of Poinciana Street, said Sgt. Thomas Vernola.
“It appears to be natural causes,” Gallego said. “There’s nothing to indicate foul play.”

Police: Man Abducts 8-Year-Old Girl From Back Yard
Police said Jorge Lagos lured the girl to a fence with money, and once she was in reach, he grabbed her and took her into his house. Police said the victim’s younger brother saw Lagos take his sister. That’s when he ran to get help from the baby sitter. The baby sitter ran to the man’s home and noticed the child with her pants to her knees, police said. She managed to get the child and run away, but police said Lagos chased them with a knife.

No Arrest Yet in Infant Abandonment
Still no answers as to who was responsible for abandoning two very young children at a dumpster near 7th Avenue and Virginia in Central Phoenix. A Phoenix Police Report reveals that the mother of the 18-month-old boy and 9-month-old girl was working that night at Bandaids Show Lounge, right next to the dumpster where the children were found. The report also reveals that the mother told police that her babysitter was her roommate and fellow dancer.