Toledo Daycare Abuse Lawyer

Our Toledo daycare abuse lawyers at Charles Boyk Law have helped countless abuse victims and their families secure justice all across Ohio. We work to ensure child safety and well-being remains the top priority for childcare centers by holding negligent providers accountable.

Is a Daycare Facility Legally Responsible for Child Abuse or Neglect?

Typically, in cases of daycare/child abuse, the child is usually harmed as a result of the actions of a daycare employee. Generally, in order to hold the facility legally liable for the actions/failures of their employees, you have to prove that the employee was acting within the scope of their employment at the time they committed the abuse/neglect.

With over 40 years of experience, our Toledo childcare abuse attorneys at Charles Boyk Law have mastered this argument and have successfully held countless employers responsible for the harm caused by their employees. Our dedicated team knows what evidence is necessary to be successful and has effectively used that evidence in securing justice for our clients and their families.

It’s important to consult with an experienced childcare abuse lawyer as the facts of each case present their own unique challenges. At Charles Boyk Law, we’re committed to fighting for justice through every available avenue. There are times when a facility cannot be held legally responsible for their employee’s actions, such as when the employee is deemed to be acting outside of the scope of their employment or intentionally caused the harm. In that case, our daycare abuse attorneys have pursued actions against facilities based on the facilities’ actions by bringing claims for negligent hiring/supervision of its employees or the like.

Ohio Daycare/Childcare centers must be licensed by the Ohio Department of Job and Family Services (ODJFS). These licensing requirements are implemented and are intended to reduce the risk of harm to children in out-of-home care by ensuring they’re being entrusted to safe and responsible care centers. For example, these requirements involve mandatory background checks for childcare center owners, administrators, employees, aids, etc., to ensure they’re qualified to care for and supervise your little ones. Additionally, childcare centers and family childcare programs are subject to different inspection protocols that involve some number of unannounced inspections in addition to their annual inspection.

By being a licensed childcare center, these facilities are held to higher standards regarding safety and liability in Ohio. Generally speaking, the law requires daycare providers to provide the same level of care that a reasonable parent would, and these providers must act as a reasonable parent would. These standards require that these centers have sufficient staffing, a proper procedure for incident reporting, and ensure that their staff receives appropriate training on caring for the type of children who participate in their program. At Charles Boyk Law, our child advocate attorneys are well-versed in these standards and have successfully held facilities responsible for failing to uphold them.

Understanding Daycare Abuse or Neglect

Daycares and other childcare programs are essential in today’s world for nearly all modern families, providing crucial support whether parents work, are single-parents, or have other family dynamics that require the extra help. The lack of affordable and high-quality childcare has led to the creation of a $47+ billion industry in the U.S. (133 American Jurisprudence Proof of Facts 3d 87 § 1 Ralph Gerstein, J.D. and Lois Gerstein). This demand has also created a wide variety of programs in attempt to meet this need with programs, ranging from in-home childcare to large national daycare facilities.

Sadly, within these facilities that families rely on, there’s a magnitude of reports of daycare abuse or child abuse across the nation, including even in the most renowned and respected centers. It’s important to understand and recognize the early warning signs of abuse, so you can protect your little ones—especially those that are too young to understand wrong from right. At Charles Boyk Law, our Toledo daycare abuse attorneys understand the impact abuse can have on a child and their families. This is why our team works tirelessly and have helped many families secure compensation for the damages caused by daycare abuse/neglect.

Daycare abuse can take many forms, and there can be a variety of reasons why abuse or neglect occurs in a childcare center or classroom setting. Often, these facilities experience staff shortages and high demand, which naturally results in having not enough eyes or assistance with these children.

Having an attorney who understands the complexities involved with daycare abuse on your side can be the difference in securing justice, holding the negligent parties accountable, and recovering the full compensation needed for your child’s recovery and future well-being. Contact our team of trained professionals at Charles Boyk Law Offices today to discuss your legal options.

How Common is Abuse or Neglect in Daycares?

In 2016, there were reports of 2,104 children who were victims of neglect or abuse at the hands of a childcare provider. In reality, the number of actual child abuse victims is expected to be much higher as many cases of abuse or neglect go unreported. This is because the abuse or neglect happens behind closed doors, when children are removed from their trusted guardian, and often victims are too young or otherwise incapable of reporting the abuse. Studies have found that the most common type of abuse in daycare settings was sexual abuse and physical abuse at 38.8% of reported cases, followed by emotional abuse at 27.7% of reported cases.

Most often, our daycare abuse lawyers in Toledo have been involved in cases where a child was harmed due to inadequate staffing levels or inadequate training for staff. In Ohio, childcare staff members are required to complete a rigorous set of training within 30 days of hire and before being left alone with children. These requirements are intended to provide staff members with knowledge concerning a variety of relevant topics such as:

• Safe sleep practices and sudden infant death syndrome
• Practices for managing child behavior including prevention of shaken baby syndrome, abusive head trauma, and child maltreatment
• Policies regarding medication management
• Safe practices concerning food and allergic reactions
• How to respond to emergencies due to food and allergic reactions
• Procedures/practices for child safety throughout the building and physical premises
• How to prepare for and respond to emergencies, like evacuation, relocation, lock down, communication with families, continuity of operations, and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions
• Procedures for handling and storing hazardous materials
• Appropriate procedures regarding the disposal of bio-contaminants
• Child safety during field/routine trip and transportation
• First Aid, CPR, and child abuse/neglect training
• Understanding child development
• active supervision of children, etc.

Even if a daycare center or its staff meets these training requirements, the daycare facility may still be held legally liable for any harm to a child that was caused by inadequate procedures, unsafe conditions, inappropriate toys or supplies, or other forms of negligence/neglect.

What Can You Do To Help Ensure Your Child’s Safety? Get Informed

Ohio’s Department of Children & Youth has an online database that helps families locate the type of early care and education program that will meet their family and child’s needs. The system allows you to search by location, program type, and accreditations. This tool also allows families to learn more about the programs’ licensing status, services provided, and results from prior inspections. This resource case be accessed at: https://childcaresearch.ohio.gov/. The Ohio Department of Job & Family Services also has a variety of resources for families who are researching these facilities.

However, there’s only so much that families or parents can control when they’re not around. If you believe your child is experiencing abuse or neglect from their childcare program, our team at Charles Boyk Law is prepared to provide expert legal guidance and take action to protect your child’s rights.

Common Signs of Daycare Abuse or Neglect

Each form of abuse comes with its own warning signs, which can affect the child’s behavior or may even present as physical symptoms.  These warning signs may not be obvious, which is why daycare abuse can easily go unnoticed. Families should try to pay attention and recognize the following signs, which may indicate that one or more types of abuse/neglect is occurring.

Physical Signs of Abuse or Neglect

1. Unexplained bruises, scratches or other visible marks/injuries

• If your child is continuously coming home with unexplained bruises, scratches or other injuries, it may indicate physical abuse. Most times, these injuries will be most apparent on a child’s arms, neck, shoulders, bottom, or legs.

2. The child is repeatedly hungry and thirsty after leaving daycare

• A not-so-obvious sign of neglect can be a child who is always hungry or thirsty at pick-up time. Often, over-worked or understaffed daycares will struggle to manage all their children and fail to provide enough food and drink.

3. Regressive behaviors (bed wetting, clinginess, thumb sucking, excessive crying, etc.)

• Regressive behavior may be a sign that your child is experiencing abuse.

4. Unchanged diapers and re-occurring/long-lasting diaper rashes

• If a child’s diaper needs changed every day at pick up, that should raise some concern. Also, while diaper rashes are common, long-lasting, re-occurring rashes may be a sign of neglect/abuse.

5. Shaken Baby Syndrome (SBS)

• SBS is a severe brain injury that’s caused by the violent shaking of an infant or toddler. It’s a form of child abuse that often leads to permanent brain damage or even death and is typically caused by an overwhelmed caregiver. Signs of shaken baby syndrome can include:
  • Glassy eyes
  • Rigid/lethargic appearance
  • Loss of appetite
  • Vomiting
  • Frequent crying
  • Seizures

Emotional and Behavioral Red Flags that May Be Signs of Abuse or Neglect

1. Unusual changes in the child’s behavior

• A child who suddenly appears withdrawn, shy, depressed, or shameful may be a victim of daycare abuse or neglect. Children victims of abuse may also become aggressive by kicking, biting and scratching as a result of their trauma.

2. Recurring nightmares

• When caregivers are neglectful or commit abusive acts, it can have lingering traumatic effects on the child. This may present in the form of reoccurring nightmares or exhaustion from lack of sleep.

3. Misbehavior in social situations

• Studies show that “a child’s behavior is an outward manifestation of inner stability and security,” which is why abuse often affects children physically, emotionally and psychologically. A child abuse victim may not be able to control impulses in social setting or appear to be disobedient, defiant and argumentative.

4. Sudden and unexplained fears

• An abused child may become clingy or suddenly dread being dropped off at their childcare program. This can be a major indication of abuse. If you’re able, ask your child why they feel this way. If they’re unable to vocalize their feelings, pay attention to how your child reacts to certain places, people, or activities involving their childcare program.

Environmental Warning Signs in the Facility

1. The child is often unusually quiet and withdrawn around a specific person.
2. The staff member always has an excuse for your repeated complaints/concerns.
3. The child frequently comes home with unchanged diapers or soiled clothes.
4. The staff member continuously has a poor attitude, short temper, or appears unhappy while at work.

What Should I do if I Suspect Childcare Neglect?

If you notice any of these signs, it’s important to take action and contact an experienced childcare abuse lawyer in Toledo. Here’s how you can respond, depending on the situation:

• Document Everything: Keep detailed notes and take photos of any concerning conditions or injuries you observe. If a facility employee was the one who brought an issue to your attention, document their name, when they first noticed the problem, and when/how they reported it to you or the child’s guardian.
• Seek Medical Treatment if Necessary: If you observe physical signs of abuse or neglect, take the child to seek medical treatment right away. A comprehensive evaluation may even reveal other signs of neglect that may have otherwise gone unnoticed.
• Talk to Your Child: If your child is of age to do so, speak privately with them about their experiences and their well-being. Ask if they feel safe or if they have concerns regarding any staff member or event that may have taken place.
• Communicate with Staff: Report your concerns to daycare staff/management and request explanations. Make sure all communications are documented in some way. These records can serve as vital evidence that the facility failed to correct ongoing problems or concerns.
• Report the Abuse: If you believe abuse or neglect is occurring, a report should be made. If there’s an ongoing emergency, then 911 should be contacted to respond. Families may also file a complaint with the Ohio Department of Job & Family Services at https://jfs.ohio.gov/child-care/information-for-families/file-a-complaint or by contacting the Child Care Policy Help Desk at 877-302-2347 option 4 or email: ch*************@******io.gov. Importantly, anyone can report suspected child abuse or neglect. The ChildHelp National Child Abuse Hotline at 800-422-4453 is also available 24 hours a day, 7 days a week to report suspected child abuse/neglect. More information can be found at https://childcare.gov/consumer-education/child-protective-services.
• Contact a Daycare Abuse Lawyer: At Charles Boyk Law, our daycare abuse and child neglect lawyers are here and ready to assist you with the help your family needs. Our daycare abuse lawyers provide families with legal guidance on the best way to proceed with seeking justice for their child. After being retained, our team also works fast to ensure the daycare preserves all vital evidence, which we’ll request in order to prove the case.

Should I Sue my Child’s Daycare?

At Charles Boyk Law, your childcare abuse lawyer will evaluate your family’s situation and provide you with their expert legal opinion on how the case should proceed. Our abuse attorneys are dedicated to securing justice for the child and their family. Sometimes, this can be achieved without the need of ever going to court or even filing a lawsuit. However, when specific legal issues arise based on the unique facts of a case, our attorneys have a proven track record of success in litigating these issues in court.

Charles Boyk Law is Here to Fight for You and Your Child

Charles Boyk Law is committed to protecting children and bringing those responsible for a child’s harm to justice. By staying alert and knowing what to look for, you can recognize signs of abuse or neglect before it escalates. If you are worried or have concerns about your child’s safety, trust your instincts and reach out to a team that can help. Child abuse/neglect is never acceptable, and your action can make all the difference in protecting your child.

When neglect or abuse does occur, families should contact a daycare abuse lawyer who they can trust to secure justice for their child. Here, at Charles Boyk Law Offices, our team of experienced Toledo Daycare Abuse Lawyers are ready to fight the legal battle to ensure those responsible are held accountable. Our team will be there to help you every step of the way.