Editorial Child Abuse

[God is a Husker]

She’ll be cited with a misdemeanor for unintentional child abuse. After finding today that he has a concussion that could go up to a felony. One could only hope but I don’t have much faith in the system.

I just used a concussion in Missouri as my injury to make an Assault 4th (Misd) into Assault 3rd (Felony) even tho there was no exterior physical injury symptoms.

However I wasn't able to use the victim's autism as a "disability" to make him a special victim to enhance my range of punishment. (It was a long shot)

 

[Huskerbuck85]

I haven't read the thread yet but did somebody hotline all of this to the State?

And is it the City or the County Prosecutor's office not giving a fuck about a child victim?

What does hotline all of this to the state mean?

In my experience Omaha is “too busy” with all. Cases and gives little fucks about most.

In 28-707 they’re treating it as a misdemeanor such as line #3. With what I know and have seen it should have been #4 but the lieutenant for opd told me the prosecutors office told them never to use #4 even though is one of our laws or statues or whatever.

Currently id say detective issuing the citation doesn’t give a fuck but soon it’ll be the city prosecutor that doesn’t give a fuck if not already.

After learning yesterday that he has a concussion I believe it should jump to #5 which is a felony and get moved to the county prosecutor.
I honestly don’t have much faith in either but we’ll see.

 

[Huskerbuck85]

I just used a concussion in Missouri as my injury to make an Assault 4th (Misd) into Assault 3rd (Felony) even tho there was no exterior physical injury symptoms.

However I wasn't able to use the victim's autism as a "disability" to make him a special victim to enhance my range of punishment. (It was a long shot)

Well if you’re that dedicated to your work to represent the victims please come back to Nebraska

 

[HCFord1]

Well if you’re that dedicated to your work to represent the victims please come back to Nebraska

Unfortunately I don’t think there’s enough money in the world to get him to live in Swimtown

 

[God is a Husker]

What does hotline all of this to the state mean?

Anything involve juvenile victims requires reporting to the State office. (Children's division, child protective services, etc etc it's all the same thing just different names)

This way if the suspect is involved in any other cases similar it can be put together and hopefully turn the suspect into a defendant by the prosecutor filing on the referral packet sent by law enforcement

 

[Adolph Coors]

You let me know if you need a partner in beating someone ass.

im in too

 

[Jim14510]

I haven't read the thread yet but did somebody hotline all of this to the State?

And is it the City or the County Prosecutor's office not giving a fuck about a child victim?

Have a buddy that was in the County office. Left because of the total incompetency at the top. Wouldn't be surprised if it's county.

 

[Huskerbuck85]

Anything involve juvenile victims requires reporting to the State office. (Children's division, child protective services, etc etc it's all the same thing just different names)

This way if the suspect is involved in any other cases similar it can be put together and hopefully turn the suspect into a defendant by the prosecutor filing on the referral packet sent by law enforcement

I mean it’s been sent to cps , opd, Douglas sheriff, detective, likely city prosecutor now. Not sure who else is on it but hopefully someone that can help and likely no one I have faith in.

 

[SlumpBuster]

Yeah but there is video of his kid getting abused
You think that’s difficult to prove significant damages when restaurants lose cases for someone spilling hot coffee in their lap?
If they are insured, this is an easy win. In no world should a child care business not ultimately face liability when they do the possibility worst thing imaginable to a kid held under their care.
The question is, do they have insurance which will result in a monetary judgment but in the end, get this case publicized so they are put out of business. No childcare service should survive this whether it’s their fault or not. They didn’t tell u about it, you had to bring the issue to them bc something was wrong with your child
They had no controls in place & if they did they didn’t tell you about it
They are cooked. This is what the legal system & punitive damages are for.
It needs to be pursued & hopefully a wake up call to anyone running a child care business so it never happens under their watch & a blind eye isn’t turned until the parent recognizes an issue
Honestly I’m more upset the you had to go to them about this before they “looked at the tape”.
No controls in place & employees running wild
You think this was the 1st time that employee did this?
Doubtful

You might have something on the no controls though I'm skeptical that daily review of video tapes is required of a daycare business for liability proposes but it's not the same as willful disregard.

Employers are generally not at fault for employee behavior unless they had a reason to believe that person would act that way and ignored it then they can be punished.

You think that’s difficult to prove significant damages when restaurants lose cases for someone spilling hot coffee in their lap?

Just kinda want to point out that this decision was overturned and is widely considered not relevant to most lawyers despite most people referencing it.

I want to be clear I'm referencing how it is not how it should be

 

[Milo-of-Croton]

Very sorry this happened. Nothing worse than abusing kids. Sexual abuse is the absolute worst. God’s blessings to your son.

 

[BugeaterInWa]

This is just horrible. Please keep us updated and all the best to your son and you and your family.

 

[redtomato]

You need to sue the shit out of them. Dont be a nice guy. This is so messed up its truly disgusting. A misdemeanor? For child abuse? You have no other option than civil. So sorry you are dealing with this.

 

[Jim14510]

If you ever get a chance to meet the dad punch him in the mouth too. Odds are in your favor that it's justified.

 

[tman87]

Buck, very sorry to hear about this. Beyond horrible stuff. I truly hope that you can get someone to do their damn job and make sure this daycare person can never work with kids again. Sucks so much that your kid, and your family, have to deal with this shit.

This thread is hard for me to read, very depressing. I have a very hard time even seeing this thread still up on the front page/main active threads. I cannot comprehend anyone who does bad and abusive shit to kids. I have always been a natural with kids, they get me and I get them. They are an open book and their innocence is the best part of humanity before it gets tainted as we get older. Kids are beyond precious.

I was lucky to grow up in a family where ANY kind of abuse was non-existent. There have always been assholes (male and female) who treat kids like shit in this world, unfortunately. I would have a very, very hard time not wanting to take matters into my own hands, although that would just likely cause more problems than helping. But I totally get wanting to make sure this person is sued to hell for this. I truly hope you find avenues to get that done. Good luck, brother.

 

[Mr.Bojangles]

It’s hard to write this one.

Last week my 4 yr old Son became the victim of child abuse at his daycare in Elkhorn. That evening after being home for a while the wife felt his head and he had an extremely large bump (I’d say 3 times a normal bump) on the back of his head.

When asked he said “My teacher throwed me into my cubby”. We took him to urgent care and then returned home. Pretty soon OPD showed up and then deputies, followed by CSI. Before all of this the girl had been fired for not reporting an injury at work which broke policy. She also tried covering it up by saying he hit his head on the playground (he didn’t) and then by saying he tripped while trying to get away from her.

After finding video evidence it was seen that he rolled off his sleeping mat and she then rolled him over and slammed him back onto it, he then rolled again and she grabbed him by the ankle and drug him across the room throwing him on the mat and then finally he rolled again and this time she picked him up by the blanket he was in and angrily carried him out of view of the camera and then enetered seconds later. This is where she threw him into the cubby and caused the head injury.

Apparently bc they can not prove intent they are giving her a misdemeanor citation. Our justice system is a joke. There’s even a statute that would allow them to hit her with a felony but after I found that and talked to the investigator about it he said “the prosecutors office tells us not to use that one. I’ve never seen that one used”….wtf

Today my son said his head really hurt, started crying and asked us “what’s wrong with me?” And was nauseous. The wife took him to the ER where he puked when he got inside. After 6 hours of sitting at children’s a CT revealed some inflammation and a concussion.

As a father I couldn’t feel more helpless knowing my Son endured this at a place I took him to be safely cared for and watching that video hurt me more than I could have imagined. I hope we all can do more to protect kids from ever going through this and I know there are much worse outcomes.
Fuck people who hurt kids. They can go to hell thinking they’re real tough.

Damn having two kids of my own if that ever happens. You handled the situation better than I would have.

 

[Huskerbuck85]

Damn having two kids of my own if that ever happens. You handled the situation better than I would have.

It’s been tough. Seems I could act out all I want and all that would do is free the abuser and put me in jail. I need to stay calm in an attempt to get the best possible results to gain my Son justice.

 

[ISUforNU]

@Huskerbuck85 can you name the daycare in some way to give us Grandparents, children and grandchildren a heads up to avoid?

 

[SlumpBuster]

It’s been tough. Seems I could act out all I want and all that would do is free the abuser and put me in jail. I need to stay calm in an attempt to get the best possible results to gain my Son justice.

That is a great attitude

 

[Huskerbuck85]

@Huskerbuck85 can you name the daycare in some way to give us Grandparents, children and grandchildren a heads up to avoid?

Not at this time, sorry. The abuser was fired. I don’t mean to snub you.

 

[Chi7397]

Suing the daycare is a tough one simply because you have to prove beyond a reasonable doubt that they daycare knew she was abusive and didn't do anything about it.

It's a high bar to reach, but if you do, yeah it would be a lot of money (from the insurance company most likely). You may be able to get them to settle for a much smaller amount without proof, but it's an uphill battle.

Pretty sure this isn’t true - I’m not a lawyer in Nebraska but “beyond a reasonable doubt” is rarely (if ever?) the standard in civil matters. Employers are often liable for their employee’s actions when it’s not a frolick/detour - there may be specific requirements for child care or day care in Nebraska - no idea - but I would absolutely talk to a lawyer about a civil action.