Articles Posted in Injuries to Minors

Just after the Memorial Day holiday weekend, Governor Kate Brown signed HB 2027. This essential legislation has been making its way through the legislature since the beginning of the year, and goes a long way toward closing a legal gap I first wrote about last November.

As The Oregonian notes, quoting one of the bill’s sponsors, this “will give the Office of Child Care the tools to gather information, inspect facilities and hold providers accountable for meeting the highest standards of safety and quality care for children.” Specifically, the new law will strengthen oversight of the day care industry by giving the state Office of Child Care the authority “to issue subpoenas, take depositions, compel witness statements and require the disclosure of records during investigations,” according to the newspaper.

Perhaps even more importantly, it also prevents child care givers who face suspension proceedings from working in the industry.

A shooting incident earlier this month at a teen-focused dance party is raising serious questions about safety and security as we move into summer – a time when the number of youth-focused events always increases.

As outlined in a recent Oregonian article, an argument outside an art space on southeast Madison Street that doubles as a dance club led to a shooting that injured five people, among them a 17-year-old girl. The paper reports that “a man standing outside the warehouse at the corner of Madison and Third Avenue fired at least two shots into the open garage bay and someone fired back at least five shots from inside.” Organizers say “about 200” people were inside the dance venue at the time for what was billed as the “First Official Teen summer Party.” The warehouse is also occupied by a number of other businesses and despite the late hour the newspapers reporting makes it clear that some of those other offices were also occupied at the time.

There were a number of people around the dance venue wearing t-shirts marked ‘Security’ but it is unclear what, if anything, they were doing. Citing police reporting, the newspaper writes that “officers responding to the original call encountered a chaotic scene, with people leaving on foot and in vehicles.”

An incident last summer at a Corvallis athletic club reads like every parent’s nightmare in condensed form. According to a recent article in The Oregonian “the parents of a 5-year-old boy who drowned in a swimming pool at a Corvallis summer camp have filed a $56.6 million lawsuit, claiming the camp didn’t have a lifeguard on duty who might have seen the boy struggling for life over four minutes last summer.”

According to the newspaper the boy went down a waterslide unattended. He was not wearing a life vest, despite his parents having explicitly told the camp that their son would need a flotation device whenever in the water because he cannot swim. The paper reports that he gasped for air and bobbed up and down dozens of times as he struggled. Several camp staff walked past and did not appear to notice. It was only after he was motionless, face-down in the water that anyone tried to save him. From the paper’s account even these efforts leave many questions. Notably, “one staff member pushed an 8-year-old child who was holding onto the side of the pool toward the middle of the pool and urged the child to grab” the drowning boy.

The Oregonian did not detail the exact nature of the family’s lawsuit, though it is fair to infer that an Oregon wrongful death claim under ORS 30.020 is involved. In addition to the athletic club at which the boy was enrolled in a children’s summer day camp, the suit also names several club employees as well as the Oregon Health Authority and Benton County Environmental Health “saying the agencies were responsible for licensing or inspecting swimming pools.”

Following up on my recent blog about the dangers in Oregon’s system of uninsured and underinsured motorist coverage an incident on Interstate-5 near Olympia, Washington is bringing similar issues into focus north of the Columbia River.

According to The Olympian an arraignment is scheduled to take place next week for a man “whose vehicle crashed into a 16-year-old Oregon girl” killing her and injuring both the driver himself and two other people. The 40-year-old man from Poulsbo, Washington faces vehicular homicide charges “as well as four counts of reckless endangerment.”

The newspaper reports that the accident took place when one car, which multiple witnesses described as driving erratically, hit two other cars that were stopped in a breakdown lane and waiting for assistance. The 16-year-old who had been driving one of those cars was killed in the accident and her mother was seriously injured. Two other people – the girl’s uncle and brother – were not injured. Also injured was the driver of the erratic car along with his 8-year-old daughter.

Last month I wrote about the problems plaguing Portland’s Unity Center for Behavioral Health.  According to The Oregonian, serious reports of neglect and abuse began to emerge almost as soon as the facility opened in 2017. In short order there was evidence of at least 16 incidents that ought to have been reported to police but were not. Now, only a few weeks later, the center is in the news again, with the paper reporting that its director has stepped down. “Legacy Health, which operates Unity, gave no explanation for her departure… although she will stay on as an advisory member of the Unity Board of Managers.”

As the paper outlines, “within the first month of opening, Unity staff reported instances of neglect and abuse within the facility. A federal and state investigation, started in spring 2018, eventually found that staff were poorly trained and underworked.” This, at what was routinely described as one of the state’s premier mental health facilities.

This incident raises serious questions about Oregon’s regulation and oversight of health care facilities. I have been covering the issue in this blog for several years and, more importantly, it has been the subject of some excellent investigative reporting by a number of Oregon media outlets. It is worth asking, however, why these issues never seem to go away. The mandatory reporting obligations of almost all staff members and even many of the people simply passing through a facility like Unity (medical or law enforcement professionals who might visit, for example) ought to offer strong protection for patients but, clearly, they do not (see links below for more information on mandatory reporting as well as the numbers to call to report abuse and neglect). This is where Oregon’s civil and criminal laws enter the picture. They are designed to prevent abuse in nursing homes, mental care centers and similar facilities.

This week The Oregonian carried the extraordinary story of a man who “was arraigned on 34 charges for allegedly recording colleagues at the Banana Republic Factory Store” on NE Cascades Parkway near the Portland airport. The 34-year-old allegedly placed hidden cameras in the women’s restroom at the store and recorded video of dozens of partially naked women, including children.

What is especially shocking is the revelation that the man had faced similar allegations at his previous job as a pharmacist with Kaiser Permanente. Last month the suspect “was arraigned on 71 similar charges for allegedly recording 51 men and women using the unisex bathrooms and changing rooms at the Kaiser Permanente facility” on Portland’s Northeast 138thAvenue. The man was fired after another employee “found a camera” in one of the bathrooms.

The article notes that some of the employees from the Banana Republic store are considering a civil suit. Two areas bear particularly close examination. First, there is the question of whether the Banana Republic store did everything it could to prevent this man, or anyone else, from invading employees’ privacy by installing secret cameras in the restroom. We need to know more about the nature of the cameras, where they were positioned, how they operated and how long they were in place. Most importantly, we need to consider what the store could have done to prevent this and other forms of employee misconduct. The U.S. Department of Labor’s website on workplace health and safety (see link below) lays out the standards all employers are expected to uphold. Difficult questions clearly need to be asked about how the store managed to get itself into this position in the first place.

A recent investigation by The Oregonian found “that county employees had received reports of serious neglect or abuse” at what the newspaper describes as the city’s “premier mental health facility,” the Unity Center for Behavioral Health in Northeast Portland. These reports began to come in “within months of its opening in 2017.” In 16 cases “a police report should have been filed but none was found.”

This scandal fits a wider pattern that I have been writing about for several years. In day care centers, prisons and, now, mental health facilities people who have a legal obligation to watch for abuse are failing to do so. As I noted in a blog more than a year ago, laws that we often think of as focused on child abuse are, in fact, designed to protect vulnerable people more generally. Section 419B.005 of Oregon’s legal code sets standards for care and extends these to all forms of abuse and neglect. This state statute compliments 42 USC 1983, part of the federal legal code. Together, they make protection from abuse a civil right.

It offers little reassurance that once the cases were uncovered a spokesman for the Multnomah County Sheriff’s office told The Oregonian “thankfully that number (16) is relatively low compared to what we fear we may find.”

Most of my recent blogs on injuries to children have focused on day care centers. A recent article in The Oregonian, that many of the same legal issues apply to older children as well, especially teenagers. These involve both ORS Chapter 124, which covers the abuse of vulnerable people, and a broader set of laws focused on the state’s responsibility to keep the public informed.

The newspaper article focuses on a 14-year-old who arrived in a hospital emergency room with a level of blood alcohol “that would have killed many adults.” The Oregonian reports that “Oregon child protection workers decided not to investigate” this incident, despite being provided with the name of the adult who had supplied the alcohol. The boy later died after being “struck and killed by a pickup truck on US-101 while drinking with friends.”

The paper goes on to note: “Any time a child dies from likely abuse or neglect within a year of child welfare workers being asked to check on the child, the public should be informed. Oregon law requires the state to do a prompt review and disclose what went wrong.”

A recent announcement from the American Academy of Pediatrics merits the attention of every parent here in the Pacific Northwest. As reported in the magazine Contemporary Pediatrics the AAP “has changed the age recommendations regarding rear-facing car seats, advising that children remain rear-facing for as long as possible.”

As the article notes, the long-standing guidance for new parents has been to place babies in rear-facing car seats until the age of two. New research, however, showed that “at all agers examined, rear-facing car seat use was associated with a decreased risk for injury; the number overall were insufficient to confidently recommend a specific age to transition. Consequently, the policy, specifically recommending age 2 years, needed to be changed.”

The article quotes an Oregon scientist – Benjamin Hoffman, a senior professor and administrator at the Oregon Health and Science University in Portland – saying: “We knew that if our policy said rear-facing until age 2 and we could not back up specifically… we needed to change our guidance to reflect the best available evidence.”

A recent Oregonian article outlined a North Portland accident involving a 13-year-old girl that could easily have been prevented if local officials had paid more attention to the concerns of Portland parents. As the newspaper reports, the girl was struck by a car while crossing at the intersection of North Russell Street and Flint Avenue. “The girl suffered a leg injury and was taken to a hospital,” the paper reports.

What makes this story stand out is the fact that the unmarked crosswalk near Harriet Tubman Middle School has been identified by both Portland Bureau of Transportation officials and Portland school officials as a potential trouble spot – one that ought to have a marked crosswalk. The Oregonian reports local transportation officials had visited this very intersection only “a couple of weeks” before the accident. The paper quotes a spokesman for the Bureau of Transportation saying: “We believe it’s a good place for a marked crosswalk.”

As the newspaper notes, “in Oregon, every intersection is legally a crosswalk, even if there’s no paint on the asphalt.” That means the girl was crossing the street legally – and doing so in a place that had been flagged by area parents on several occasions since the Tubman school’s recent reopening.

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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