Yesterday, I read of a tragic story from Orange County, Va.
A four-year old in the home of a Stafford County Police Recruit that was also operating as a daycare, found a loaded, unsecure firearm and shot himself.
A 911 call was placed at approxiamately 12:45 p.m., first responders attempted to save the child with life-saving measures, but sadly the child was pronounced dead at the scene.
Authorities were quick to mention that the firearm was not a service weapon.
The child’s name has not been released to the press as of the time of this posting.
In Virginia, day care centers are allowed to legally operate as unlicensed centers. According to the Department of Social Services website, there are four different types of day care centers that are allowed to operate in Virginia. Understanding the differences between these types of centers is key to securing a safe, nuturing environment for your young child.
The first and most highly regulated day care centers are licensed by the Commonwealth of Virginia and are required to participate in two inspections per year and they have requirements for background checks of all employees, training and orientation of employees and health and safety best practices.
*Please note that child care providers and day care centers may obtain licenses from the county in which they reside. Having a license provided by a locality is not the same as obtaining licensure from the Commonwealth of Virginia. Localities may not have the same requirements pertaining to best practices of health and safety, background checks, and employee training as providers who are licensed by the Commonwealth.
Unlicensed(but regulated) centers are allowed in the Commonwealth. These centers vary in the requirements to be cerified as care facilties.
These centers may be voluntarily registered family day homes that are required to be inspected prior to certification and every two years after, and to complete background checks and meet health and safety standards.
Religious exempt child day care centers are required to complete background checks and must self-certify annually that the program is on compliance with background checks and health and safety requirements.
Certified preschools are operated by an accredited private school and are required to complete background checks and must self-certify prior to certification, and annually thereafter, regarding criminal record clearance on all employees, staff qualifications, and health and fire inspection reports.
Approved child day care programs are regulated by localities and not VDSS. Arlington, Fairfax, and Alexandria are the only localities that offer this option.
Unlicensed and unregistered centers and in home programs do not have to meet any requirements set forth by VDSS and VDSS does not inspect these facilities. They do, however, have to meet minimal requirements set forth by the Code of Virginia.
I would imagine that one of the requirements to be met would be this law:
“Virginia Code § 18.2-56.2.A makes it a crime to recklessly leave a loaded, unsecured firearm in a way that endangers the life or limb of a minor under 14.”
Owning any firearm for any purpose is a huge responsibility. Firearms must be stored safely and inspected on a regular basis.
While people wipe their tears away and try to explain away A COMPLETELY PREVENTABLE DEATH OF A CHILD, I’d like to offer a little insight.
- Don’t pretend to be shocked at how this could have happened. USA Today reported on Oct.16,2016 that children were shot by unsecured weapons in their home or at the home of friend or relative at an alarming rate. That rate was EVERY OTHER DAY for the first six months of 2016.
- Deaths and injuries spike for children under 5, with 3-year-olds the most common shooters and victims among young children. Nearly 90 3-year-olds were killed or injured in the shootings, the vast majority of which were self-inflicted.
- Rates of accidental shootings spike again for ages 15-17, when victims are most often fatally shot by other children but typically survive self-inflicted gunshots.
- They most often happen at the children’s own homes, with handguns legally owned by adults for self-protection. They are more likely to occur on weekends or around holidays such as Christmas when children are not in school and are sometimes left at home unsupervised.
- States in the Deep South, including Alabama, Louisiana, Mississippi, Tennessee and Georgia, are among those with the highest per capita rates of accidental shootings involving minors.
The Thomson Law Firm will investigate gun accident cases. If you have been injured in a gun accident, including but not limited to a defective gun, an unsecured weapon, or a child injury call Roanoke Lawyer Paul Thomson for a FREE consultation today. (540) 777-4900.
