Child Abuse Charge

What is the name of your state? Kansas
I have a friend that runs a daycare oiut of her home. One of the children supposedly injured his leg while in her care. Now they are tring to charge her with child abuse. She has no record and no complains against her. What proof is required to charge a person with child abuse?

[stephenk]

need more information.

What kind of injury did the child suffer?

What does your friend say happened?

What are the police saying happened?

My friend said she sent the child into the bathroom to change his diaper. She was momentably detained by another child and when she got to the bathroom she found the 2 year old on the bathroom floor with his leg twisted behind him. She later found out the leg was broken. She gave her statement to the police and was later asked to come down to the station for further questions. She declined answering questions without an attorney. The following day they arrived at her house at 7:00 pm with a propable cause arrest. They did not have a warrant and threatened to get one. To avoid problems later, she went with them and was held with no bond until the following day. A warrant was issued the following morning with a $50,000 bond. They finally got bond reduced to OR after pressure from her attorney but she was held for 20 hours in jail. She has a clean record and has been doing daycare for over 3 years. No one was a witness to the accident and the police has not said anything about the case. She has an preliminary hearing next week and would like to know what kind of evidence do they need to present for charges to be filed?

[stephenk]

The facts are enough for probable cause. It is highly unlikely a 2 year old would break their leg on their own in the bathroom.

Depends on the type of break. A twisting break as opposed to a blunt force break.

Your friend is facing serious charges. Even if nothing comes out of the criminal charges, she faces serious civil charges by the parent/s of the child. Dont be surprised if your friend loses her daycare license.

I had a client who insisted the 3 year old fell in the bathroom. The coroner noted the fractured skull and opinioned that the impact to break that part of the skull was equivilant to a 3 story fall. My client was convicted of 2nd degree murder. I only represented her in the wrongful death case brought by the kid's father. My client had no prior record, was a mother to 2 kids and married.