What Are the Laws on Daycare and Childcare Abuse in Atlanta?
When starting a family, child abuse and neglect are probably the last things on the future parent's mind. Bringing a child into the world is typically filled with thoughts of decorating the nursery, having baby showers, and picking out names. The horrible tragedies of abuse are not even considered A parent rarely thinks or worries about child abuse, until they hear or read more about it, especially when it comes to finding childcare for their child. Unfortunately, it's a real problem and occurs way too many times, not just in homes by unfit parents and family members, but also when someone is placed in charge of caring for a child. This could be someone coming into the home or at a daycare facility. There are over 6 million reports of child abuse or neglect each year.
If you live in the Atlanta area and find that your child has been a victim of abuse while attending a daycare center,, call the daycare center abuse attorneys at Council & Associates, LLC of Atlanta. We are experienced and know how to properly handle the situation, from gathering information, to filing a lawsuit. A civil case will not take away the abuse your child suffered, but an experienced attorney specializing in day care center abuse cases will work hard to get compensation for your child.
What is the Definition of Child Abuse and Child Neglect in Atlanta?
The CDC defines child neglect and abuse as the following: "Child abuse and neglect is any act or series of acts of commission or omission by a parent or other caregiver (e.g., clergy, coach, teacher) that results in harm, a potential for harm, or threat of harm to a child."So, what is “omission” and “commission”?
Act of Omission – An act of omission is otherwise referred to as child neglect, and is a failure to provide protection, or needs, that will protect a child from potential harm. This includes protection of a child’s most basic needs for physical safety, emotional stress, and education. And, the neglect does not have to be intentional. Examples of child neglect, or act of omission, include the following:
- Emotional neglect – ignoring a child’s emotional pain
- Physical neglect – not providing food and shelter
- Medical neglect – not seeking medical care
- Educational neglect – allowing the child to miss too much school
It also includes inadequate supervision or allowing exposure to unhealthy environments These are all areas that can occur while your child is in daycare of child care in the home. If this has happened, seek advice with a child neglect attorney, to know what your recourse is to help your child.
Act of Commission – An act of commission is referring to child abuse, or when words or actions cause harm or threats to a child. This differs from neglect, because the act is intentional, rather than ignoring the act, even if harming the child is not the intent. The following are types of an act of commission:
- Psychological abuse – taunting or demeaning a child
- Physical abuse – hitting or restraining a child
- Sexual abuse – inappropriate action towards a child in a sexual nature
Just as with neglect, if you suspect your child is being abused childcare or daycare provider, you should contact the authorities and an attorney specializing in daycare abuse, who can guide you to make sure everything is done properly to get justice for your child. The attorneys at Council & Associates in Atlanta have the experience and will guide you through this tragic period.
How Can Child Neglect or Abuse Affect the Child?
Every case of abuse can be different. So, the effect it has on the child could also vary. But, without proper help, the negative impact it has on a child can last for a lifetime. It’s imperative that you seek counseling for your child as soon as you realize that they have been abused while attending a daycare center.
Seeking legal help will also aid in the child receiving proper counseling, especially in covering the cost of it. If you know your child has been abused at the hands or neglect of the child care you have in place, then contact a reputable daycare injury attorney, so they can guide you through the proper channels in getting the right help.
The recovery process can be long, and frustrating, especially if you choose to go it alone. As mentioned earlier, there are over 6 million cases reported each year. There is no reason to do this yourself. Help is out there, and you just need to know where to find it. Attorneys at Council & Associates of Atlanta have the resources to provide you with the help you will need.
The signs you might see in your child who has been subjected to abuse include some of the following:
- Lack of concentration
- Inability to connect with others
- Learning difficulties
- Problems with sleeping
They might also have problems with flashbacks, even long into the recovery. Be patient, but diligent in both seeking and continuing help.
Laws on Daycare Neglect and Abuse in Atlanta
Under Georgia's state law, daycare owners or operators have the legal duty to act as a reasonable parent should under similar circumstances. If you suspect that your daycare provider has not performed in accordance with the law, gather as much information as possible about the incident(s) that led to your child's neglect or injury.
This isn't always the easiest because young children often have difficulty in articulating details of incidents unless the incident just occurred. However, an investigation should follow. Bright from the Start is a Georgia organization that oversees daycares within the state. They will most likely conduct the initial investigation into injuries or sexual allegations. This will include interviewing any provider at the daycare facility, as well as you and your child. After this, they will create a report and determine if they feel the daycare was in violation.
A daycare neglect or abuse attorney will also seek an “open records request” to the local and state authorities, to find if there have been similar reports filed about the daycare. This will help in a lawsuit, should you decide to file one.
If it’s established that the daycare is liable, the parent is entitled to recover damages on behalf of their child for the injury caused, including medical bills, pain and suffering, as well as expenses for necessary future treatments resulting from the injury. It’s also possible that a parent might be able to obtain punitive damages, which are damages set to punish the defendant.
So, if your child has suffered from neglect or abuse while attending a daycare center, contact Council & Associates of Atlanta to find out what the next step might be in helping your child and establishing a claim.