Blog Topic

Sex Abuse and Physical Abuse Claims Against Day Care, Churches & Other Organizations
June 10, 2009

There are scary statistics out there about child abuse at the hands of trusted daycare workers, church personnel, boyscouts, girlscouts, and other social events and activities that we should be able to trust our precious children with.

• Approximately one in three girls is sexually abused before the age of 18
• Approximately one in four girls is sexually abused before the age of 14.
• Approximately one in six boys is sexually abused before the age of 16
• An average of 5.5 children per 10,000 enrolled in day care are sexually abused
• In 1997,  there were 1,054,000 children confirmed by CPS who were victims of child maltreatment. This represents 15 out of every 1,000 US children.

(Source: http://www.prevent-abuse-now.com/stats.htm )

Survivors of abuse at the hands of the clergy, schools, teachers, daycare workers, trusted social groups like boyscouts and girlscouts, are victims. Victims who have overcome not only the abuse, but also an oftentimes abusive and apathetic predator that comes in the form of a corporation, a church, a daycare or a national organization. Survivors are those who have faced the unthinkable and triumphed. In facing their memories they have looked fear and intimidation in the face and seen it flee.

At the Montes Herald Law Group, we stand up for and protect those survivors. We give survivors of sexual abuse, physical abuse and neglect a voice, a shoulder to lean on, and, importantly, justice. We sue organizations who hire predators to care for our most vulnerable, our children. Daycares, churches, and social organizations that hire sexual and abusive predators should be stopped. The Montes Herald Law Group stands up for those victims, and in doing so, for all of our children. Please call us should your loved one suffer from abuse or neglect at the hands of a church, clergy member, daycare, daycare worker, social organization, boyscout or girlscout leader or worker, or any other caregiver that you have trusted your most precious children to. We can help. Call Rachel Montes or Tom Herald at (214) 522-9401 to discuss your case, and view our website at www.MontesHerald.com for more information about our attorneys and our firm.

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Questions To Ask Day Care Centers
June 01, 2009

If you are a parent or a guardian of a child, and you need to locate a suitable day care facility, be sure to ask questions to make sure that the facility as properly managed, staffed and focus on the health and safety of the children that are entrusted to it.

Questions To Ask Day Care Providers:

1. Is the day care center licensed to provide day care services by the State of Texas?

2. If the facility claims to be licensed, ask for a copy of the license.

3. Ask for copies of all publicly available information, including any complaints or actions filed against the program, site visit evaluations, violations, and corrective actions.

4. Does the facility provide an academic curriculum?

5. Does the day care facility require that there is always a teacher present who is certified or licensed by the state?

6. What is the minimum number of employees or staff that will be present with the children at any time?

7. What are the credentials of the staff, especially the counselors and therapists, who will be working with my child at the day care facility?

8. Does the day care facility conduct background checks on its employees to ensure that they are fit for the job and verify that the employees are not registered sex offenders, or have any convictions that would make them unfit for the job?

9. Is the day care facility accredited by organizations such as the Joint Commission (JACHO), the Council on Accreditation (COA), and the Commission on Accreditation of Rehabilitation Facilities (CARF)?

10. Does the day care facility have a clinical director?

11. What is the procedure for handling medical emergencies?

12. What are the policies for permitting children who are ill to attend the day care facility?

13. What policies does the day care facility have for discipline?

14. How well maintained is the facility?

 If you are not comfortable with the response to these basic questions, it is likely that the facility is not going to be able to meet your expectations and to properly protect your child.  In addition, be sure to make unannounced visits to the facility and to pay attention to signs of trouble such as unreported bruises and changes in your child's behavior.

If you suspect that your son or daughter has been injured, abused or neglected by a day care facility or a day care worker, contact Montes Herald Law Group, LLP to discuss your case.    If you have proof that your child has been abused by a day care worker, you should also contact the police and immediately report the incident to protect your child and the other children at the facility.

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Garland Daycare Center Amiel Christian School Shut Down
June 01, 2009

Garland daycare center, Amiel Christian School, which has been under investigation since a report was made that the pastor Cesar Najera-Zavala sexually assaulted a child has been ordered to shut down. Criminal charges have been filed against Najera for an alleged Aggravated Sexual Assault of a Child, and police report that another parent come forward with more allegations against Najera.

As every parent knows, the decision about which day care facility they use, is a very difficult and important decision. There are no easy decisions on which facility to select. Even a church-run facility is not necessarily safe. The costs of day care are constantly increasing, but the need for a safe day care facility is the same regardless of the fees the facilities charge. While the fee charged is not necessarily an indicator that the facility is safe for your children, every day care facility or provider should be able to adequately address the parent's concerns. If you are trying to decide between day care providers or whether you should leave your child with an unlicensed day care provider at their home or at a facility such as a fitness club, you need to ask questions.

As parents, Rachel Montes and Tom Herald know how important the safety of your children are to you. At Montes Herald Law Group, LLP, we investigate claims of negligent supervision of children at day care facilities in Irving, Dallas, Fort Worth and all across the North Texas Metroplex. We investigate claims that a child has been abused physically or sexually while at a day care facility and claims that a child was injured because the day care worker failed to supervise or properly monitor children at the facility. Typically, when problems arise, more often than not, the day care facility will typically have a very poor score to the above questions. Texas has a number of laws that control how day care facilities are required to conduct their activities, including requiring background checks of workers. 

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