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That kid must have shown violent tendencies before this incident. He should have been kept at home, not left alone in a public place. I wonder about the qualifications, size and strength of the caretaker. (We wouldn't expect a toddler to walk a lion on a leash.)
I agree with Hedgehog_Mom. The victim is facing more than broken bones and a lengthy healing. Whether he is "lucky to be alive" is something I question at this point. I'd prefer death over a lifetime of constant pain, surgeries and difficult mobility, but maybe that's just me.
I don’t see how or why. Unless the caregiver told him to do it.
"The caregiver" unless privately hired by the family, (which is highly unlikely as the family normally gives up on a child with this type of behaviors once they get to be of this size where they can cause a lot of harm to the family), was trained that she's not allowed to put hands on the client.
If the man is a ward of the state, the state's plans indicate he should be put on a behavior plan while in the community, with increasing freedoms.
This type of incident has grown to be more and more prevalent, as the outcome of "No more institutions!".
It's called: assimilation into the community. The citizens who were all about the rights of the people institutionalized are now getting what they demanded.
In Minnesota, an 18 year old man with mental disabilities threw an 8 year old boy off a 31 foot water slide. He got tired of waiting in line and just picked the boy up and threw him off the slide. He is facing charges for third degree assault.
The boy’s injuries, later diagnosed at a hospital, include the broken femur in one leg, numerous fractures to both feet and shattered bones in a shoulder, the affidavit states. He remains in the hospital and his identity has not been made public, says Francis.
Quote:
Originally Posted by DontH8Me
The article states that he has developmental disabilities, not mental.
Whatever the case may be, he should not be around people without the immediate observation and supervision of his paid attendant. She should also be charged, since she wasn't even near his vicinity when this happened.
A broken femur is a very serious injury. If the eight year old does recover, he will likely never fully recover. This is such a shockingly bad incident. I am horrified to think of what either set of parents is going through.
I agree, the attendant should be charged too; especially since this isn't the 1st time he's aggressive. I don't doubt they're gonna say he also has mental disabilities too. He must if he goes around hurting people. He should not be allowed back into the park either.
Hopefully he'll heal fine. Summer going into 6th grade I passed out while riding my bike. I had 3 breaks in my right leg from each bar on a girls bike. Right above my ankle was broken in 2 places, my foot wouldn't stay upright. I also broke my femur. I had a full cast until Halloween, then a walking cast so it took a really long time to heal. This poor kid is going to miss a lot of school. Hopefully he can do online classes unlike me who had a tutor.
He's probably going to have nightmares too. I feel so bad for him
Well just imagine being the person whose job it is to go out into the community with him. They aren't allowed to touch him to control him, they can't hold hands, they're not going to hang on to the back of his shorts.
The plan is probably something like 'must be kept in visual field at all times'. She very well may have been behind them, or even 31 feet away. She isn't allowed to hang on to the hands of the client she is in charge of.
Who can be one step ahead of somebody who is aggressive, inclined to violence, may have refused their meds, and anticipate their every move when they are of unpredictable Behavior?
Does the public really expect that she should be slapping his hands away from behind him, or jump out in front of him to "block and chop" with Force to keep him from acting in any way that is his normal behavior?
She's not allowed to do anything physical, and this is a result of the lawsuits against the state, because of the inhumane Behavior towards it's Wards. Restraining is inhumane, a violation will be investigated.
Wonder if his caregiver will be charged with anything.
Quote:
Originally Posted by Roselvr
I agree, the attendant should be charged too
The caregiver/attendant will not be charged. Period.
Why? Because he committed no crime. Period.
He did not violate any law that exists. Now, could the caregiver/attendant be civilly liable? I can't say, but I wouldn't be surprised. However, that is not a matter for the criminal justice system - not for law enforcement, not for any district attorney.
Just because some people want the caregiver/attendant to suffer some sort of consequences for not preventing this incident is no excuse to demand legal retribution when, in fact, no such legal possibility exists. We are a nation of laws*.
Does anyone know if this was a group home outing where the caretaker/s must watch several clients at one time? So little is being reported (or at least what I've read).
Many 18 year old men have the mental capacity and common sense of 12 year old boys, not just this person. That is the problem with making everyone adults at 18 as if you somehow gain sensibility overnight after your 18th birthday.
He was known to be violent and shouldn't be allowed in public places where there are lots of children. I blame his parents and his caretaker, as well. I think his mental disability is a red herring here. He knew what he was doing when he threw that kid off the water slide.
A ton of ignorance in this thread. Which is unsurprising.
Regarding the role of the caretaker: every state has different laws regarding this. Most common, the individuals team (the one with the disability) will have meet previously (multiple times, at least yearly) and discussed, and documented, what were appropriate levels of supervision; ranging from unsupervised time to within arm's length at all times.
The attendant may have been able to use physical force, if the state allows it and if the team has okayed at and the caretaker was properly trained to do so.
The caretaker can be found neglectful if they were not following the rules as layed out by the team.
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