Is it assault or daycare child abuse,what can i do?

Question

Upon picking up my 8 year old son from his first day at the new daycare,he came out holding his hands on the back of his neck,in pain,and which I could see pink and red bruise marks on his neck.When i asked him (in private) what was wrong,he reported to me that an adult male staff member had grabbed him by the neck,squeezed it hard enough to leave a bruise,and told him "I will teach you discipline-guaranteed!".He aslo told me that this adult male staff member then took his legs,grabbing them,and slammed him on the floor.This happened in a room with mats on the floor where the children had been playing and throwing around plastic balls.We complained to the woman at the front desk,and he told her in private the same he had told me.She asked him to look through the glass window in the hallway and point to the man who did it.He identified the man.I called the police and took my son to the hospital.The police tell me its not child abuse,its assualt.Magistrate says hearsay,wont let me press.

I was not present at the daycare when this happened,and i did not see it happen.However,I did plainly see the marks on my sons neck and i have an emergency room file that proves contusions on his legs.The magistrate says i must have my child to be a witness,and there must have been other witnesses that saw it happen.Well,how can i ask my opponents to be my witness?And how can my son become a witness,wont it be an emotional trauma for him?By the way,my son is okay.So what to do?

Answer 1

First, call the agency in your state that issues licenses to day care providers and file a complaint against the day care for allowing this to happen on their watch. (Keep you records; write down the names and times you spoke to everyone at the center; and get the name of the man he pointed out.)

Get your son in a new daycare ASAP!

Call the daycare and tell them you want to know what other workers were in the room when this happened to your son and the names of all the kids in the room. If they argue, tell them you need to have you son testify due to their lack of care and you need that information to make sure any other parties present can be called upon to collaborate the testimony. Also ask if they videotape the room where this happened and get a copy of it. Also ask why the person is not fired for his behavior.

Talk to his teachers at school. Ask them if his injuries could have occured at school.

Also, call a lawyer in your state. An attorney might take this on contingently (meaning you will not need to pay the attorney unless you win). There are certain legal theories (under the category of tort) that can be used to win this matter, based on what you stated, without necessarily having to get your son to testify.

Answer 2

Daycare raises 2-5 year olds and the parent who is single can either have a close friend or relative stay with the child until they are at least 2 years old. Someone who has the same values you use will raise her or him until old enough to be in a preschool setting. There is no shame in putting a child in Daycare so long as they have bonded and grown to one person without a lot of children around until they reach that age. I am a daycare provider and believe you me that if you place a child in a good and loving daycare after bonding they will continue with a secure outlook and growing throughout their educational and growing years.

Answer 3

I have an eight year old daughter, so my opinion may be somewhat biased, my first instinct would be to take this guy for a ride to Jersey, (anyone from Jersey, please forgive the example),
But an isolated area.
I would not do it, but that would be the first thought anyway.
Please have this guy prosecuted, If he is innocent, a jury will find it out.
I don't want anyone abusing a child and getting away with it.
I do know of a case though where a person that I know personally was accused of a crime by some mean spirited people, prosecuted, sent to prison, and then found innocent. after having his life disrupted.
Of course the people instrumental in doing this never admitted to being wrong, only found to be wrong.
The man had no money, he had a case against the people who put him away, but the lawyers wanted 30,000 dollars to go after his accusers, the case just went away with a lot of smug individuals just patting themselves on the back for having manipulated the system.
Get some decent people involved, who are after the truth.
But all the while, remember the bruises on your son, and diligently seek the cause of them.

Answer 4

This is assault occasioning bodily harm. I can't tell from your posts if you have legal representation? If not, get some...you simply cannot allow what that person did to your son go unpunished!

I know its expensive BUT most lawyers will provide you with free consultation to assess your case. Ask if your case is strong enough to forge ahead, if yes then do so and then seek reimbursement of your legal fees from the childcare centre.

Without your son as a witness, I can see where the magistrate is coming from. Glad to hear your son is ok. In fact thats great because if he is not traumatised by the event then acting as a witness would be great and could also teach him some fantastic life lessons...like standing tall, being righteous, using the correct channels to deal with situations etc


Best of luck to you and your son....

Answer 5

You should also report this to Child Protective Services and to the agency that licenses the daycare.
I don't know where you live or how you got to see a magistrate so soon, but this sounds bizarre. Your son should have been interviewed, perhaps alone, by a police officer.
It is best to do whatever you can reasonably do about this, even if it ultimately doesn't go to court. It is better for your son to know you believe him (I assume he's telling the truth, and it sounds like the police and hospital didn't disbelieve him).

Answer 6

You definately need to make as much noise as you can about this guy. If you can't get him up on charges, you can at least warn other parents about him.
I don't know where you are, but can you file a lawsuit against just him? In America we sue people over hot coffee and hurt feelings, so can you do something like that, just sue for doctor bills and pain and suffering.
Other children in the school may come forward and say the same things. You may be able to build a case that way.
Sorry about your troubles.
Good Luck

Answer 7

I feel it is assault on a child and he should be reported and charged. He in no way, shape or form should be working in a daycare! This guy needs to get into anger management class!! Children do not lie about things like this and should be protected at all times from people like this man. If he is the owner of the daycare then it should be shut down and child services should investigate for other incidents.

Answer 8

Well, the police are saying it's assault, which is a crime. The Magistrate says you need for your son to testify.

Find out if other parents know of any other incidents; try to find out who else was in the room who could also testify.

(Like most of your respondents, I'm in the US, so don't know your system.)

Actually, maybe you should begin with those in charge of the school. Are they disputing, or will they listen?

If they won't listen, tell them that you are going to proceed with the law.

I agree with those who have been saying, no it isn't more traumatic for him to testify; it's good for this to be followed up.

Answer 9

Personally, I would ask other parents about similar incidents at the center. As for your child as a witness, take it from me, the actual abuse itself is more traumatic then testifying about it. Especially since this is physical and not sexual in nature, I say you should impress on your child to do the right thing. Plus, check to make sure that the center does not have surveillance capabilities.

Answer 10

press charges against the daycare for allowing child abuse to occur or threaten them with a lawsuit atleast this will get Major Dick fired. You should very well have your son testify in court, he needs to know this behavior is not acceptable and anyone putting their hands on him will see consequences, he is mature enough to do it at 8 tears old.