The parents of a 5-year-old boy have filed a lawsuit against a day care alleging a teacher at the center hit the child, pushed book cases at him and then allowed another child to taunt and strike him.
The Winston-Salem day care center is accused of negligent hiring of the teacher and also for negligent supervision of her actions. The two teachers accused in the case are now facing criminal charges, and they are reportedly no longer employed at the center.
As reported by the Winston-Salem Journal ,the center was the subject of a previous complaint of child abuse and neglect a month before this incident reportedly occurred.
According to that story, the North Carolina Department of Health and Human Services sent an investigator to the center back in May, following a complaint the agency had received alleging child neglect and child abuse.
The investigator reportedly observed the center was not in compliance with state-mandated ratios for caregivers-to-children. A single teacher was in charge of the supervision of 20 children. The report that followed indicated that no child in that classroom was receiving the proper nurture and attention needed. Investigator also noted a child was being improperly restrained. Officials ordered the center to correct these violations immediately.
Then in June, the parents of the 5-year-old reported to police that a teacher slid their son across the floor, struck him and held him against a book shelf while telling another student to hit him and taunt him, calling him a baby. The teacher also reportedly told the child she was calling the police on him and pretended to contact the police, saying he would be arrested. The child returned home covered in bruises and scratches on his arm and torso.
That teacher was soon after arrested for one felony count of child abuse inflicting serious injury and two misdemeanor child abuse charges. Another teacher was also charged with felony and misdemeanor charges for failing to intervene.
Two days after that incident, the health department investigator returned to the center and filed a report indicating two violations: That a child had been “roughly handled” and that discipline was delegated to another child. Investigator noted the company president held a staff meeting that same day to review policies for behavior intervention and use of restraints.
A child injury lawsuit will proceed alongside the criminal case. The boy’s parents allege extreme emotional distress requiring counseling, in addition to physical injury. Plaintiffs are seeking a minimum of $50,000.
Meanwhile, the day care center remains open, according to media reports. Other complaints made against the center are less serious, but do point to a lack of adequate care. For example, there are reportedly limited toys at the center and children sometimes spend hours watching television.
Our experienced lawyers know abuse and neglect within day care centers is far too common, and it can lead to physical injury as well as long-term emotional damage. When day care centers or nursery schools fail to provide adequate care, it’s imperative that parents seek counsel from a dedicated injury law firm who can help you explore all viable options for justice and compensation.
Contact our Carolina personal injury lawyers at Lee Law Offices today by calling 800-887-1965.
Parents of 5-year-old boy sue Sugar and Spice day care, allege abuse, Aug. 27, 2015, By Michael Hewlett, Winston-Salem Journal
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