Abused tots’ parents sue kindergarten

Parents whose children were abused by a kindergarten teacher in Wenling, Zhejiang Province, are suing the pre-school for mismanagement and are demanding compensation for their children's trauma.

"Kindergartens are responsible for their teacher's behavior and we decided to take legal action to protect our children," the mother of the boy who was lifted off the ground by his ears by his teacher told the Global Times. The mother, surnamed Lin, said her son is still reluctant to go to his new kindergarten for fear of being abused again.

Yan Yanhong, the dismissed kindergarten teacher, was detained by local police on October 25 after photos showed her mistreating children were posted online. She was released on November 16 as local police pointed out on its official Sina microblog that Yan's behavior could not be defined as a crime based on the Criminal Law.

"Parents have a right to file a civil lawsuit against the kindergarten after the criminal process failed to protect their children," Zhang Wenjuan, deputy director of the Beijing Juvenile Legal Aid and Research Center, told the Global Times.

"The Wenling kindergarten surely failed to meet their responsibility of protecting children and parents will probably win the lawsuit based on the teacher's misbehavior and the kindergarten's neglect of duty," Zhang added.

According to the law, kindergartens are responsible for the mistreatment of kindergarten children unless they can prove they fulfilled their duty to supervise and manage their school's staff.

Lin said she and four other parents involved in the law suit were disappointed that Yan was released, after the teacher had abused their children both physically and psychologically. She and other parents thought Yan should be sentenced to several years in jail.

"China does not have a law to specifically deal with child abuse by someone outside the child's family. Also, the criminal law stipulates that the victims of child abuse should initiate a lawsuit themselves, but it is impossible for children to do that," said Zhang.

"Yan has escaped legal punishment, but it does not mean that the kindergarten is free from the incident. We hope that all children can receive good education through our efforts," said Lin.

An Lijuan, a deputy to the Beijing People's Congress who submitted a proposal on preschool education in 2010, said that more work has to be done to better protect children. "Kindergartens should improve their recruitment standard and strengthen communication with parents."