Children In Day Care Are Susceptible To Many Of The Same Problems Our Elderly Nursing Home Patients Encounter

Despite differences in the number of candles on their birthday cake, children and the elderly have far more similarities than differences.  Our eldest and most junior members of society are particularly susceptible to abuse and mistreatment due to negligent or suspect care provided by caregivers.  

As a personal injury lawyer, I have been fortunate to represent children who have suffered an injury in a day care setting due to the negligent or abusive actions of a caregiver and can attest to the fact that many of the same underlying principals that result in nursing home injuries similarly result in mistreatment or injuries in a day care setting: poor training, under-staffing, desire of management to maximize profits over quality of care.

Perhaps due to the fact that I am a proud father of a toddler boy, I feel like I can sincerely appreciate the frustration and --- downright anger-- parents experience when their child is mistreated at a day care center.

Over the next few weeks, I plan on discussing more about day care center liability, as I believe children-- like their elderly counterparts-- deserve a voice of advocacy.

 Related:

Children In Nursing Homes: Truly The Most Vulnerable

Many families are forced to institutionalize their disabled children in nursing homes because of many states don’t have the resources to pay for in-home care. 

This puts parents in the difficult position of funding expensive home care on their own or having their child live in a nursing home, surrounded by elderly adults, and many families simply cannot afford the cost of in-home care workers and nurses. 

The Centers for Medicare and Medicaid Services estimates that about 4,000 children live in nursing homes in the U.S. and that number is steadily growing as health care resources are increasingly spread thin.

Thousands of children with disabilities end up living in nursing homes because of insufficient coverage for in-home care by state governments and a shortage of skilled home care workers. In 2000, the Centers for Medicaid and Medicare Services estimated that 4,886 children lived in nursing homes; of these children, 1,222 suffered from mental retardation or a developmental disability. 

Medicaid guarantees long-term care for all people with disabilities, including children. However, many disabled children, who would be adequately served by proper in-home care, end up in nursing homes despite higher costs for nursing home care than in-home care. 

The University of Minnesota Research and Training Center on Community Living reported that home and community care cost about $26,000 per year while the state of Georgia spends about $81,000 per year on each patient in nursing homes. Although some federal and some state funding has been increased to help remove disabled children from facilities with four or more disabled persons (congregate settings), the number of institutionalized children has remained largely unchanged. 

Many disabled children end up in nursing homes because of insufficient state resources. About 93,000 special needs people are on waiting lists for home and community based services. However, there are not enough skilled nurses, therapists, and home health care workers to support the people who most need their help. In many cases, the family’s private insurance won’t cover the cost of medical equipment, and in-home nursing and therapy. This leaves many families with only one choice, nursing home care. 

Most nursing home care is focused on older adults because elderly residents constitute the majority of the resident population. As expected, treatment and health concerns differ for older adults and children. Also, children often spend more years living in nursing homes than the elderly adults they are surrounded by because of the age difference. This means more years spent living in a nursing home, away from their family, usually costing Medicare more money than if the child were able to live at home receiving in-home support services. 

However, until states step up funding to improve in-home care resources, these children will remain stuck in nursing homes, hardly a suitable environment for most children, especially when their families would prefer them to be living at home. 

Nursing Homes, Group Homes & Day Care Facilities Responsibility To Care For Children

The foreign environment of a nursing-home-world created for adults, leaves many children at risk for abuse and mistreatment at the hands of caregivers and other patients.  I have successfully prosecuted cases on behalf of many of these children and young-adults in the following types of cases:

Working side-by-side with some of the most respected authorities on the long-term effects of abuse on young people, we have successfully secured money to provide for the future.  Many of the sexual abuse and molestation cases we work on can be resolved prior to the filing of a lawsuit, in a confidential manner-- with minimal impact on the individual. 

If you believe a young person suffered from an injury, abuse or neglect in a nursing home, foster home, day care, group home or any other structured setting, we would honor the opportunity to speak with you.  As always our services are free if we do not recover on your behalf. (888) 424-5757

Resources:

Medical News Today: Wall Street Journal Examines Nursing Home Care for Children with Disabilities

VirginiaSpecialNeeds.com: Thousands of Children with Special Needs Are Living in Nursing Homes 

Research and Training Center on Community Living: Number of Children in Nursing Homes 2002

Wall Street Journal: Babes Among Elders, Nursing-Home Kids

Related Nursing Homes Abuse Blog Entries:

Alden Village North Charged With Neglect After Child Dies Due To Inadequate Nursing Care

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

Child Injury Laws: Nursing Home Abuse: The Deaths Of 13 Children Linked To Poor Care At Chicago Nursing Home

Is Adult Day Care A Reasonable Alternative To Nursing Home Care?

For families and individuals who provide care for older adults, adult day care centers or adult day services can be an important tool in providing adequate care. Providing round-the-clock care for an elderly loved one can be a huge, but worthwhile time commitment.

Adult day care centers can provide a much needed break for caregivers, while offering elderly adults therapeutic services.

Adult day service is the direct care and supervision of adults 60 years of age and over in a community-based setting for the purpose of providing personal attention and promoting social, physical, and emotional well-being in a structured setting.

Adult day care can serve an alternative to nursing homes depending on the focus of the facility (social or health services). These facilities provide services to adults with physical or mental impairments for the purpose of restoring or maintaining their ability to care for themselves. They can serve as an alternative to nursing home care when 24-hour nursing care is not medically necessary or when nursing homes are against the wishes of the individual or the family.

The State of Illinois does not require licensing or certification for adult day care providers. The Department on Aging Community Care Program (CCP) does not include provision for adult day care other than those stated in the Administrative Code (building, fire, health, and safety codes and standards, environmental barrier codes, and food service sanitation and vehicle codes).

In addition, the Illinois Department of Public Health has the authority to conduct performance reviews of adult day care centers in Illinois. The Provider Performance Review includes reviewing a sample of client and employee files to evaluate compliance with administrative rules and ensure that the center adheres to policies and procedures set by the Department.

The following are services that the Department requires adult day care centers to provide:

  • Activities of daily living (ADL) assistance
  • Health education and counseling
  • Health monitoring / health-related services
  • Medication administration (administered by an appropriately licensed professional)
  • Nursing services
  • Social services
  • Transportation

Optional services include:

  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Skilled nursing services

Illinois, like most states, does not stipulate a specific staffing requirements for adult day care; only require only that each adult day service provider have adequate personnel in number (at least two people) and skill to provide for program and financial administration, nursing and personnel care services, nutritional services, planned therapeutic/recreational activities, and transportation to and from the service site. There are suggested staffing ratios: two staff for every 1-12 clients, three staff for 13-20 clients, four staff for 21-28 clients, and one additional staff person for each 7 additional clients.

As the population of older adults increases, the use of adult day care services can help provide necessary services to improve their the lives of older adults without having to institutionalize them in nursing home facilities.

For more than 30 years we have championed the rights of the elderly in all settings: hospital, nursing home, assisted living and day care.  If you or a loved one was injured or abused in an adult day care setting, you may have legal rights that include a claim for monetary damages.  Let us put our experience to work for you. 

Free consultation.  A track record of results for people like you. (888) 424-5757

Thank you to Heather Keil, J.D. for her assistance with this important topic.

Resources:

U.S. Department of Health and Human Services – Regulatory Review of Adult Services
U.S. Department of Health and Human Services – Regulatory Review of Adult Services: Illinois
National Respite Network & Resource Center: Adult Day Care 

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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