WHY THERE ARE LAWS THAT PROTECT CHILDREN
We don’t leave babies alone in the house because they are not able to take care of themselves at all. As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence. Laws take this into account and have different protections and expectations for children of different ages. A child injury lawyer is aware of these laws and how to apply them.
EXAMPLES OF CHILD PROTECTIVE LAWS
CAR SEATS
A statute is a law that is passed by a legislature. It’s written down and needs to be followed precisely. An example of a law that protects children is New York State’s Child Restraint Law, it is found in [Section 1229-c(1), NYS Vehicle & Traffic Law and states:
- All children must be restrained in an appropriate child restraint system while riding in a motor vehicle, until they reach their 8th birthday.
- An appropriate child restraint system is one that fits the child according to the manufacturer’s specifications for height and weight.
- The safety belt in your vehicle is not designed for children. A booster seat raises your child up so that the safety belt fits your child correctly and provides better protection.
The law has been amended and
Effective November 1, 2019 – Children under 2 must be in a rear-facing child seat.
All children under the age of 2 must use a rear-facing car seat until they are two years old or reach the highest weight or height limit allowed by the manufacturer of the car seat. For babies that outgrow their infant-only car seat, a convertible or 3-in-1 car seat should be used in the rear-facing position until they outgrow the maximum height and weight for the rear-facing position.
BULLYING
In 2010 Federal and New York law was strengthened with the goal of “zero tolerance” for bullying in schools. For more information, please see my articles, Children Bullied at School – There IS Something You Can Do About It and The Psychological Impact of Bullying.
CHILD PROTECTIVE SERVICES
Every state has laws that protect children from abuse and neglect from parents. Social workers investigate these claims and take action to correct the situation, or to remove the children from the home.
FAMILY LAW
In child custody and parenting time disputes, children are giving increasing “say” as they get older and more mature. In New York, there is no specific age when a child has the “right” to decide which parent they would prefer to live with (in the case of divorce) or whether or not they would like to see a parent at all. There is an assessment of the maturity of the child. Usually, a child has “some say” at age 12, and this increases the closer the child gets to age 18. The reasoning of the child must also be sound. For example, a child cannot prefer a parent because “he gets him candy” or other trite reasons.
TRAFFIC ACCIDENTS
There are some laws on the books such as special speed limits and rules near “school zones,” but there is also a “common law” tradition that requires drivers to not expect maturity from a child crossing a street or riding a bike.
PREMISES LIABILITY
Property owners and operators must keep their property safe for children and not create an “attractive nuisance.”
There are many more examples of laws that protect children, and a child injury lawyer will be on top of all of them. If you have any questions, please feel free to call or fill out the form at the bottom of this page.
The Psychological Impact of Bullying
Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.” We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind. It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students. According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult intervention – 4%. Peer intervention – 11%. No intervention – 85%.” Students who bully others, are bullied, or witness bullying are more likely to report high levels of suicide-related behavior than students who report no involvement in bullying (Center for Disease Control, 2014). These harsh facts have led to stronger laws to protect students from bullying, but enforcement is lagging behind. It is now clear that the psychological impact of bullying can be devastating. The United States Office for Civil Rights, issued directives to expand [...]
THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN
Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all. Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held. Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his own vomit, according to Texas law enforcement reports. After nine days of medical neglect, he died. This story is not an anomaly, this is what’s happening to children every day in the American prison system. Many of them are being held for low-level crimes and simply for “behaviors,” that are offensive, without any crime having been committed. According to the Prison Policy Initiative, some youths are locked up for non-criminal offenses such as “truancy, running away, [...]
HOW TO PREVENT SUMMERTIME ACCIDENTS
Summer is at full steam with everybody putting on their swimsuits and looking to cool off. Of course, this is also the time when pool, beach and lake accidents are at their peak. Whether you’re headed to Coney Island, Brooklyn or The Hamptons on Long Island, it’s worth it to consider how these accidents tend to happen, so you and your family can relax and enjoy your swim. BROOKLYN PERSONAL INJURY ATTORNEY - SWIMMING ACCIDENTS CAN BE DEADLY There are several types of swimming pool accidents that are quite common and one needs to be cautious about: Broken Pool Equipment - When a pool is not properly maintained, pool equipment can become a hazard. Improperly maintained pools are one of the leading causes of drowning accidents. Ask to see maintenance records. Negligent Supervision of Children - Poor training of lifeguards and camp counselors who do not know how to properly handle an emergency is glaring hazard. Before you entrust your children to the supervision of others, ask about training and qualifications. Overcrowding - Every pool must have posted the maximum amount of people that may use it at one time. If there are more people than there should be, that’s a [...]
Children Bullied at School – There IS Something You Can Do About it!
CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it. When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies. We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate. In other words, children bullied at school now have rights. The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance." It must be a recurring problem, not something that just happens once. It can be physical, verbal or online (cyberbullying.) If your child has an unexplained change in behavior such as: Impaired or deteriorating relationships with peers Difficulty making or keeping friends Increased sense of loneliness Increased anxiety levels or panic attacks Eating disorders Low self-esteem A decline in academic achievement These may be signs that your child is being bullied, you should ask your child and assess whether [...]
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