Legal Question in Personal Injury in Pennsylvania

5 yr old child abused at daycare by volunteer

5 yr old daughter said that 16 yr old mentally retarded volunteer kicked her, made lip bleed, pushed her down, stomped on foot to her and others while at day care. Told teacher, no incident report documented. Entire day care staff denies almost evrything except that 16 yr old pushed kids too hard on the slide. Montgomery county child services have begun an investigation. Agency told day care to keep volunteer away. Day care said they will let the 16yr old return in a few days anyway. 5yr old has been in 4 day cares since 3 weeks old and never complained about this before. She just started at this one 2 weeks ago and had a behvr change at home. excellent student - tested into kndrgrtn 1 year early. this is the only day cr with an opening for her. do i need legal advice? or wait 30-60 dys for invstgtion to be complete and take it from there? 7 yr old also witnesses the 16 yr old show him & other boys her bra (lifted her shirt).Both children witnessed employees speaking to abuser about her behavior.. Day care is HArleysville branch of North Penn YMCA and is state licensed in PA. I (mom) am former elementary school teacher. I would not pursue this unless I was 100% positive that this has happened!


Asked on 12/05/98, 1:25 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: 5 yr old child abused at daycare by volunteer

I'm sorry I didn't see your message sooner; hopefully the situation is resolved.

At the general level, it sounds like a non-legal solution, finding a different day care center, would be best.

There's a variety of levels to pursue to report or redress the situation. While I'm reluctant to discourage the developmentally disabled from volunteering and helping, and day care centers need all the help they can get, it does sound like this person should not be left alone with the kids.

Feel free to call me if the situation is still ongoing. Obviously, your interest is in preventing any further harm, rather than in trying to get compensation after something worse has happened.

William Marvin

Law Offices of William D. Marvin

947 Old York Road


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Answered on 1/18/99, 4:56 pm


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