Daycare Center Child Neglect ?

[Chanelleka]

What is the name of your state?What is the name of your state? AZ, YUMA.
THIS IS THE LETTER I WAS GOING TO SEND TO THE DA'S OFFICE
I am writing this letter in reference to report no. 05-47652 on 8/19/05

I’m sure that this case has been already rejected, However I feel things could possibly been over looked as the report is pretty long. I would like to know why wouldn’t some one be responsible for my child(2yrs old) falling and breaking her collar bone.

The child climbed up 5.5-6.0 feet tall of cots and was taken down 3 times by the child care provider, and on the 4th she fell and broke her collar bone. Why did the provider even let her get up that high the second and third time? Why didn’t she remove the child from the dangerous area from the first climb . Why let her even be by the cots , that are supposed to be in an enclosed area so the children don’t hurt them selves. Per DHS they were in violation of this.

The cots are supposed to be in an enclosed area unless in use, not stacked on one another in an open general area. So Bright Beginnings Neglected to abide by the rules and due to them neglecting the rules, my child has fallen and is now suffering from a broken collar bone. And not just that they neglected to have the cots in an enclosed area. The Child Care provider let her get up there that High. Why let a child 2 years old repeat this. That is what these child care providers go thru training for. The child care providers must know how to handle a child in these kinds of cases and seek other remedies besides putting her in time out after she fell and broke her collar bone. You cant just let a child (2 yrs old) climb that high and just hope that they don’t fall.

There was no report made of this incident until the Director read a letter requesting Insurance Information, on 8/29 from my Civil Attorney. Then the Director of Bright Beginnings called my Attorney asking what the letter was about and stating that they have no record of this Incident that occurred on 8/19. Take in to consideration that one whole week passes and there should have been some communication between the employee’s there within one week. Plus they should have called me to get a copy of the report, Or maybe its just a lack of paying attention and communication in the facility. i REALLY need some advise here, as they have lied about the incedent report and my Civil Attorney has given a statement to the Investigator and basicly he said he will submit the report and good luck . I dont cee why the Da will not pick up the case. Can anyone give me some pointers here PLEASE. On a letter to write or to get someone to listen to this at the DAs office. As this is Yuma something you would see on a movie. Small town stuff, that Im not used to . Im from Cali and stuff like this would have gotten taken care of . The Police wouldnt have let 1.5 week pass then come in and question people
PLEASE HELP ME SOMEONE ANY AND ALL ADVISE. PLEASE FOR THE CHILDRENS SAKE. this could happen again as there is another abuse report on this place last year to a 2 year old
PLEASE. THANK-Q

 

[snostar]

Have you called and notified the Better Business Bureau and Child Protective services?

 

[Chanelleka]

Dhs

Hello there and thank-q for your reply, Dhs is a Diffrent Division out here in the Wild West.. Is what I was told. I calld Cps/Child Welfare Several times asking why they wont get involved . They say its not ther jurisdiction. Thats DHS . Ive filed a report with them. They did an investigation. This is a small town, I wouldnt be surprised if they called them ahead of time to let them know about what the Investigation would be about. Thats how it is around here. Im from Cali and Stuff like this is taken care of right away. Is this Neglect?, In my eyes it is. But to the Da ? Since they neglected to abide by the rules set from DHS, (NO COTS ALLOWED IN A COMMON AREA, MUST BE IN A ENCLOSED AREA) Wouldnt this be neglect? and they let her get up there 3 times well actually 4 buton the 4th she fell. Im trying to get the Da to cee it my way, as neglect. As to me and otheres that Ive spoken with it is . She has a broken collar bone . Some one needs to be help responsible for this. Now if this happend at my home , I would most likely be in Jail. But its a Daycare center and they have a Licence to let the kids get hurt. Im So Frustrated. Is ther anyone above the DA? That could look over the report? Or somthing. ?? Thank-q SO Much any and all info is appreciated. Oh there not a Part of BBB , I checkd.

 

[CdwJava]

You say that you used to be from California and that the police would never have let this go. Unfortunately, I don't think the police woul dbe too involved in this at all. From what you wrote it sounds as if there might be some dangerous conditions present that might violate the conditions of the facility's license, but I doubt that there is criminal neglect going on here.

Contact whatvere state or county agency oversees daycare licensing and report the problem to them.

There may be good cause for a civil action, but I don't think the police or the DA are going to deal with this one.

Sorry.

 

[Chanelleka]

Unfair/child neglect

This is not fair, if this is the case. The child care provider neglected to get the 2yr old child down. And she let her repeativly get up there. Why let her get into a dangerous area taht many times. 4 total . Thats not Neglect?
But if I did this I would be in jail for child Neglect. I can understand if the child is 7 yrs old and totally understands Danger. However this child doesnt understand Danger and was left in a Dangerous area. With out Regard. Untill she fell and hurt her self. Why shouldnt someone be responsible for this. This is a Horrible thing to happen. WHAT IF SHE WOULD HAVE DIED. Then What. Well thank-goodness that didnt hapen, What about Picketing across the street is this Illegal? Or posting Flyers? Or putting an add in the news Paper. What about that. I want others to Know what has happend here. This is Not Normal. In Sacramento Ca, the Law Enforcement would have been there the next buss. day . It took them 1 in a half weeks to get out there before they even questiond them. Is there anything Else I can do ? Thank-q for you reply

 

[CdwJava]

This is not fair, if this is the case. The child care provider neglected to get the 2yr old child down. And she let her repeativly get up there. Why let her get into a dangerous area taht many times. 4 total . Thats not Neglect?

Not sure if it is under AZ law. It MIGHT be under CA law (depending on the circumstances), but I wouldn't bet on a criminal prosecution for lack of adequate supervision.

But if I did this I would be in jail for child Neglect.

Maybe. Maybe not. A lot would depend on if the act was foreseeable or likely. And, in your case, the statutes in AZ.

What about Picketing across the street is this Illegal? Or posting Flyers? Or putting an add in the news Paper. What about that.

Talk to an attorney. There could be some very precarious legal issues there. If you made accusations that they CAUSED the injuries to your child, then you might be able to be sued for libel (or slander of spoken). If you simply said and wrote, "My child was injured at [insert name of facility]" then you may be okay.

Check with an attorney.

In Sacramento Ca, the Law Enforcement would have been there the next buss. day .

Maybe. And it's also likely they would have passed it off to Daycare licensing. I used to be assigned to juvenile crimes - including neglect and abuse cases. Most daycare neglect injuries did not end up in the DA's lap - they tended to end up in civil court. Without knowing all the details, I can't say for certain what could happen. However, given that you have written here that the case has been reported and nothing has come of it, I am guessing that the DA isn't going to file criminal charges and you may well have to pursue a civil action if you wish to do anything about it at all.


- Carl

 

[Chanelleka]

So what is Neglect Penal Code

THANK-Q SO MUCH Carl, for answering my questions in the manner you did . I would like to know is there anyone above the Da?Do you even think my letter will help anything ? It just doesnt make sense to me, how someone could get away with this Hey Carl here is my Final letter Tell me what you think of it. Or anyone! and if I need changes or anything More Please , thank-q again. I guess Im just gonna deal with a child witha broken collar bone.




September 02 , 2005

To the District Attorney handling case 05-47652

I am writing this letter in reference to report no. 05-47652 on 8/19/05
I’m sure that this case has been already rejected, However I feel things could possibly been over looked as the report is pretty long. I would like to know why wouldn’t some one be responsible for my child(2yrs old) falling and breaking her collar bone.

The child climbed up 5.5-6.0 feet tall of stacked cots and was taken down 3 times by the child care provider, and on the 4the times she fell and broke her collar bone. Why did the provider even let her get up the second and third time? Why did she ignore to remove the child from the dangerous area from the first climb? Were there that many Children that she couldn’t attend to Chanelle the victim? How many kids were in the room? To my knowledge not very many(0). Cots are supposed to be in an enclosed area so the children don’t hurt them selves. Per DHS they were in violation of this.

The cots are supposed to be in an enclosed area unless in use, not stacked on one another in an open general area. So Bright Beginnings Neglected to abide by the rules. Due to there ignorance and carelessness of the rules, my child has fallen and is now suffering from a broken collar bone. Not just that they neglected to have the cots in an enclosed area. The Child Care provider let her get up there with absolute disregard to the 2 yr olds safety . Why let a child 2 years old repeat this? Or any child. That is what these child care providers go thru training for. The child care providers must know how to handle a child in these kind of cases. Why didn’t she stop Chanelle? You cant just let a child (2 yrs old) climb that high and just hope that they don’t fall.

There was no report made of this incident until the Director read a letter requesting Insurance Information, on 8/29 from my Civil Attorney. Then the Director of Bright Beginnings called my Attorney asking what the letter was about and stating that they have no record of this Incident that occurred on 8/19. Take in to consideration that one whole week passes and there should have been some communication between the employee’s within that time. Plus they should have given me a copy of the report, but they were hoping that I wouldn’t notice my childs cry of pain by telling me that she was walking and just fell. Or maybe its just a lack of paying attention and communication in the facility.

Does a 2 year old child know what danger is? No they don’t, that’s what us as adults are here for. I could see if this was a 5 or 7 year old child that was climbing up there, and understands danger. The child care provider is supposed to assist and remove the child from any dangerous area. That’s Neglect.
WHY DID SHE LET HER REPEATEDLY GET UP THERE. She is a 2 year old child.
What if as she was climbing and the cots fell on top of her or she died. This just doesn’t sound right. Come on this is a child watching a child. I’m so Frustrated. This facility has a child abuse Report filed against them in the past. Why do they keep getting away with this. Does the Public know? The DHS found several other violations at his visit. Why are they not abiding by the rules? I know your job isn’t to enforce them. But do they even care about these children? Why is this facility so careless with children? Chanelle the victim is so scared to talk to people and is so violent now. She used to Hug and Kiss my Neighbor. Now she hits her and screams at her. We are not Violent Parents. We practice positive and constructive discipline. We are going to seek care for this problem to help stop future behavior issues now before its to late. Put your self in my position. What if this happened to your child? How would you feel looking at your Childs x-rays? Knowing that someone is responsible for it. Any woman with a child that would read this would understand where I’m coming from. I don’t feel this is Justice. I don’t want Money,
I want Justice to please think about this and look at this situation at every angle possible. As I believe there were other remedies that could have been used, to have avoided this total disregard of safety from happening.

Thank You for your time . As God is with us all.


Burklene Abramyan
Mother of Victim

 

[CdwJava]

THANK-Q SO MUCH Carl, for answering my questions in the manner you did . I would like to know is there anyone above the Da?Do you even think my letter will help anything ?

It's hard to say. If the DA's office has already reviewed the matter and found insufficient cause to sustain a complaint, it won't do much. If he hasn't reviewed it it might spur him to look in to it.

The only person "above" the DA (kinda) is the state Attorney general. But his office isn't likely going to pay much attention to a local instance like this unless there is malfeasance on the part of the local office.

I guess Im just gonna deal with a child witha broken collar bone.

There are other remedies besides a criminal prosecution. Check with an attorney about a civil suit.

- Carl

 

[Chanelleka]

What about Child Endangerment ??

What about Child Endangerment? Do you think this would hold up ??

726.6 Child endangerment.
1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:
a. Knowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety.

(Knowingly)to know, apprehend, to have a clear perception or understanding of, to be aware , result, study ,to know right fom wrong, recognize, distinguish Child Endangerment

b. Reckless: careless:heedless, not regarding consequences headlong and irresponsible,- reck-lessly/recklessness

c. Careless: not paying enough attention, heedless, done or made without ebought attention, precision.

d. lacking a sence of responsibility, unreliable, said or done as by an irresponsible person.

A,B,C and D = Child Endangerment.

Criminal statutes define those forms of child maltreatment that are criminally punishable. In most jurisdictions, child maltreatment is criminally punishable when one or more of the following statutory crimes have been committed: homicide, murder, manslaughter, false imprisonment, assault, battery, criminal neglect and abandonment, emotional and physical abuse, child pornography, child prostitution, computer crimes, rape, deviant sexual assault, indecent exposure, child endangerment, and reckless endangerment.


(Endangerment) to expose to danger

(Expose) Leave unprotected, to put or leave out in an unprotected area or place



WILL ANY OF THIS HELP IN THE STATE OF ARIZONA? WHAT ARE THE STATUES FOR CHILD ENDANGERMENT? I GOT AL THIS OFF THE NET.

You say that you used to be from California and that the police would never have let this go. Unfortunately, I don't think the police woul dbe too involved in this at all. From what you wrote it sounds as if there might be some dangerous conditions present that might violate the conditions of the facility's license, but I doubt that there is criminal neglect going on here.

Contact whatvere state or county agency oversees daycare licensing and report the problem to them.

There may be good cause for a civil action, but I don't think the police or the DA are going to deal with this one.

Sorry.

 

[CdwJava]

I have no way to know how these sections may be tempered by case law. Usuing my state as a guide, the acts would have to have been grossly negligent to result in a criminal prosecution. If the police aren't interested in filing - and the DA is not, either, then it is not going to get filed.

You have a much better civil case than a criminal one.

- Carl