Articles Posted in Injuries to Minors

A recent article in the Oregonian detailed the unfolding story of a four-month-old baby who died at an illegal day care center in Hood River and the disturbing degree of information the state had about it in the months leading up to the tragedy.

The newspaper reports that the baby boy was the youngest of ten children being cared for at the facility. Its owners had their license revoked last year after it emerged that they “gave children ‘little white pills’ of melatonin so that they would sleep during nap times according to court documents.” But after being shut down in 2017 the three owners “soon opened the business back up, this time with a different name.”

All three women have now “been indicted on charges of second-degree manslaughter, criminally negligent homicide and first-degree criminal mistreatment,” according to the paper. Yet that fact does not make the disturbing questions surrounding this case go away. In the wake of the scandal surrounding Southeast Portland’s Sunnyside Sprouts daycare the state was supposed to have put in place better policies. These were designed to address the question of child care providers moving from one jurisdiction to another in an effort to conceal disciplinary action or the suspension of licenses. They were also designed to make it easier for parents to find out about worrying regulatory or licensing issues. The case of Mama Shell’s Daycare (which became “Mama Bear’s”) in Hood River clearly indicates that these new rules are not being implemented in the way most of us thought they would be.

Sometimes it takes a tragedy to push the legal system to close a loophole. In the wake of a 2013 accident that left two little girls dead, Governor Kate Brown has done just that: signing a new law Thursday that clarifies the legal obligations of hit-and-run drivers.

“Anna and Abigail’s Law” is named in honor of 6 and 11-year old sisters from Forest Grove “who were struck as they played in a leaf pile” in 2013, according to an article in The Oregonian. It requires “drivers who suspect that they may have caused personal or property damage after a collision to report it to police.”

“Lawmakers pursued the change after the woman connected with felony hit-and-run in connection to the case… had her three-year probation overturned by the Oregon Court of Appeals,” according to the newspaper. At the time, Oregon law did not “require a driver to return to the scene of an accident if he or she learned someone was injured or killed after the fact. In granting (the) appeal the court also ruled there wasn’t enough evidence to establish without a reasonable doubt that (the driver) had reason to believe anyone was hurt after she ran over the leaf pile.”

A three-year-old girl was taken to a Corvallis hospital last week after falling off a ride at the Benton County Fair, according to a report from Eugene TV station KVAL. An article posted on the station’s website notes that “deputies received reports that the child fell a short distance off a ride that spun in a circle. The child was alone on the ride.”

“Preliminary investigations have revealed that the lap restraint meant to secure the child failed,” the station writes. “After the accident, the ride was shut down.”

We are at the time of year where traveling carnivals and county fairs are regular fixtures of American life. As such, this accident is a reminder of the degree to which regulation of these potentially dangerous rides varies significantly from state to state (and, to some extent, within states). As a 2016 article from The Oregonian noted: “When it comes to state carnival ride regulation, Oregon falls somewhere in the middle, between California – a state with a dense thicket of amusement park and carnival regulations – and Alabama, where regulation is essentially nonexistent.” (if you are travelling this summer it is worth clicking on the link to that article at the end of this post and scrolling down to the map detailing the extent of carnival regulation state-by-state).

Late last week The Oregonian, citing the Multnomah County Sheriff’s Office, reported that “a Portland man died and two others were injured when a motorcycle and car collided… in Fairview.” The accident took place late at night on Northeast Halsey Street. According to the paper, a westbound motorcycle carrying both an adult and a child “collided with an eastbound car at Halsey and Seventh streets.”

The motorcycle’s driver was pronounced dead at the scene. His passenger (whose age was not announced) was taken “to a local hospital with serious injuries. The car driver had minor injuries and was also taken to a hospital.”

Many of the details of this incident remain unclear. Notably, the media reports do not say in which lane (eastbound or westbound) took place, making it difficult at this point to speculate about who may have been at fault. Two things, however, are clear. First, the accident serves as a reminder of the special responsibilities adults have when they have children as passengers in motor vehicles, or are responsible for an accident in which a child is killed or injured. Second, this incident highlights some disturbing loopholes in Oregon’s child safety laws when it comes to motorcycles.

A recent news release from the US Department of Transportation lays for groundwork for this year’s Child Passenger Safety Week, which is scheduled to be held nationwide from September 23 to 29. The announcement (see link below) contains links to a variety of materials – everything from broadcast-ready public service spots for TV stations and the web to sample op-eds ready for submission to local newspapers.

Perhaps the most important materials, however, are the practical ones: flyers demonstrating the proper way to install a car seat and its accompanying harness or tether, checklists to help new parents make sure they have carried out every step of the process for securing their child, and posters illustrating the stages at which a child should move from a rear-facing child seat to a front-facing one and from there to a booster seat. One might have thought that after decades of educational campaigns all this would not be necessary. But, as the news release reminds us, car crashes remain a “leading cause of death for children ages 1 to 13.”

With that in mind, it is also worth reminding parents and other caregivers that proper child seats are not just a good idea, they are the law. As outlined in ORS 811.210, Oregon law requires all children under the age of two to be “properly secured with a child safety system in a rear-facing position.” Children who are over age two but weigh less than 40 pounds may face forward provided they remain in an appropriate, state and federal-approved, child seat. Anyone weighing more than 40 pounds who is shorter than four feet nine inches must use a booster seat. Failure to comply with any of these laws is a Class D violation, subject to a fine of up to $500.

The scandal surrounding Southeast Portland’s Sunnyside Sprouts daycare center continues to spur efforts to tighten the regulation and oversite of both Oregon childcare centers and the people who work in them.

As I noted in a blog last month, Sunnyside Sprouts was shut down by regulators last May after it emerged that children were being abused there. It was also found to be operating without a license. As the investigation proceeded it emerged that the center’s owner had lost her California childcare license in 2005. When applying for an Oregon license she had acknowledged having worked in childcare in California but lied about her licensing status there. Shockingly, parents were not informed about any of this, even after the state became aware of abuse at Sunnyside Sprouts. Many continued sending their children there after the abuse and licensing issues had been uncovered but before the facility was shut. Governor Kate Brown demanded that state agencies move to address all these issues. According to an article published last week in The Oregonian the first proposals in response to her mandate have now been unveiled.

According to The Oregonian “beginning August 1 the (state) Office of Child Care will contact an out-of-state licensing department any time applicants indicate they provided care elsewhere. State officials have designated a staff person to conduct out-of-state reviews to ensure the license ‘was in good standing.’ If state officials suspect an applicant worked outside Oregon but failed to disclose that information” additional reviews will be conducted. Applicants who indicate that they have worked in child care in another state will also be required to provide their license numbers from that state. Finally, “the Office of Child Care will take steps to ensure parents are better informed about problems at day cares.”

Late last month, as many people were preparing for the holiday week, a story in The Oregonian offered a painful reminder of an issue that arises every summer. The paper reported that a 21-month-old girl in Roseburg died after her mother left her unattended in the back seat of her car for hours. What made the story even more shocking was the mother’s occupation: a nurse, and the car’s location: a medical center parking lot.

The mother later “told police she believed she had dropped her daughter off at day care before arriving at work that morning.” In that respect the case resembles a 2014 incident in Hillsboro that led to the death of a six-month-old baby – and, indeed, dozens of similar cases across the country every year.

As an article published this week at CNN.com noted, “as of July 1, 18 children have already lost their lives this year in hot car death incidents.” The news channel reports that over the last two decades the US has averaged 37 hot car deaths per year with July often proving to be the single deadliest month. That, in turn, raises a deeper question: why has the number of hot car deaths nationwide remained so stubbornly consistent over more than two decades despite widespread public awareness campaigns? A chart on the CNN website (see link below) shows the annual death toll to be remarkably consistent over time. There were a few years (2010, 2005) when it approached 50, and one (2015) when it fell into the low 20s. But, those outliers aside, the figure year-in-year-out is right around that 20-year average of 37 deaths. This is despite the fact that it is an issue nearly everyone who owns a car is aware of, and one about which public information campaigns are conducted every year.

The unfolding scandal surrounding the Sunnyside Sprouts daycare center in Southeast Portland should be a reminder for all of us of the importance of government regulation and action when it comes to helping keep children safe. But it is also the story of a communications system that had broken down badly – something our regulatory and licensing agencies cannot always fix but where the courts can sometimes help.

The childcare center was shut down last month after regulators found its owner to be operating without a license, according to radio station KLCC. In addition, “Oregon childcare regulators believed children at Sunnyside Sprouts daycare were being mistreated,” according to the station’s report. What is shocking is the radio station’s finding that parents were never officially told why the daycare was closed, or the fact that it’s owner had been operating in Oregon for years without a license. As a result, “some of the families continued to place their children” in the care of Sunnyside Sprouts’ owner even as the government was in the process of taking her to court.

In the wake of these revelations, KLCC reports, Governor Kate Brown has “called on the state’s Early Learning Division to create a more robust vetting process for childcare providers coming from a different state” (Sunnyside Sprouts’ owner had moved to Oregon after having her child care license suspended in California). The governor also wants regulators “to alert parents if a facility’s legal status ever changes.”

With Memorial Day and the long summer season approaching this is a good time to revisit some difficult truths about drinking, driving and social responsibility.

The Klamath Falls Herald & News published a useful article recently focused on parental responsibility and teen drinking. The story focused on a demonstration staged at an area high school in the run-up to prom. The simulation portrayed “the devastating immediate effects of a serious accident” involving teenagers and alcohol. Though the focus of the demonstration was on teen responsibility, as the paper noted, a key point went unaddressed, specifically “the responsibility assumed by adults who furnish alcohol to underage drinkers.”

As the paper explains: “Any adults who think they are being good parents by hosting parties with underage drinkers would do well to look at the Oregon laws about such things.” Oregon law allows a parent or guardian to serve alcohol to their own underage child in their own home when they are personally present. That does not extend to hosting party where anyone else’s children will be drinking. The article quotes a warning to parents from the Oregon Liquor Control Commission: “If you allow your property and/or home to be used for a party where minors, other than your minor child(ren), consume alcohol in your presence, you may have to forfeit property and may be issued a criminal citation… The power to provide alcohol to a minor can’t be transferred from a parent to other adults.”

It is getting warmer, which is always a good thing, but the spring also brings dangers – sometimes dangers that may not seem immediately obvious.

I’d like to focus today on water safety, a topic that regular readers will know I have addressed in the past. As a recent article in The Oregonian outlines the temptation to cool off in Oregon and Washington’s rivers at this time of year needs to be accompanied by some simple but important safety precautions.

“Entering cold water can cause swimmers to gasp, inhale water and then go under,” the paper notes. “Currents can keep swimmers from reaching safety.” The key thing to remember is that even on a hot day the water can be very cold. This is something most of us intuitively understand when it comes to the ocean, but which can be easy to forget where rivers are concerned. It is especially important since rivers, with their fast-flowing currents and other obstacles such as rocks and trees, are often even more dangerous than swimming at the beach.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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