Is it a felony to leave a 2 year old and a 9 month old baby home alone to go to the store?

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saveourchildren

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Concerned family members called the hot line and filed a complaint to Children's and Families that she was leaving her babies a 9 month old and a 2 year old who had just turned 2, home alone. She was also abusing her elderly grandfather and leaving the children with him when he was unable to stand. The Investigator did an early morning check and found the children home alone and called the police.When the officer arrived they gained entry to the house and indeed found them in pack and plays in the living room and they were alone and still sleeping. The worker contacted the father to come and pick up the children. Then mom arrived crying and saying she had just ran to the store, then the police officer then did the unthinkable and told her no crime had been committed. Then children services said they could not remove the children if he said no crime was committed.. we are one week out and these children are still in danger she left them alone even knowing she was under investigation.
 
It is not a crime to leave the kids home alone under circumstances like this.
If they were left alone all day long with no food or supervision, or if mom took off to Vegas for the weekend, then maybe there would be something to work with.
With the circumstances you describe it seems the officer made the correct decision. If mom wants to slip out for a bit when the kids are sleeping she can do so. Not all parents would agree, but it is not illegal.
Personally, I find the entry into the home very questionable in the first place (at least in the manner it is described here).
 
Concerned family members called the hot line and filed a complaint to Children's and Families that she was leaving her babies a 9 month old and a 2 year old who had just turned 2, home alone. She was also abusing her elderly grandfather and leaving the children with him when he was unable to stand. The Investigator did an early morning check and found the children home alone and called the police.When the officer arrived they gained entry to the house and indeed found them in pack and plays in the living room and they were alone and still sleeping. The worker contacted the father to come and pick up the children. Then mom arrived crying and saying she had just ran to the store, then the police officer then did the unthinkable and told her no crime had been committed. Then children services said they could not remove the children if he said no crime was committed.. we are one week out and these children are still in danger she left them alone even knowing she was under investigation.


Those who reported the matter did all they could under the law.

If the reporters believe the children are in danger tomorrow, all they need do is make another report.

If the reports keep rolling in, eventually actions MIGHT be taken.
 
It is not a crime to leave the kids home alone under circumstances like this.
If they were left alone all day long with no food or supervision, or if mom took off to Vegas for the weekend, then maybe there would be something to work with.
With the circumstances you describe it seems the officer made the correct decision. If mom wants to slip out for a bit when the kids are sleeping she can do so. Not all parents would agree, but it is not illegal.
Personally, I find the entry into the home very questionable in the first place (at least in the manner it is described here).

REALLY????????? You think its ok to leave a two year old and a nine month old baby home alone??? Mister you need to never reproduce!!!
 
I didn't say it is ok. I said it is not necessarily illegal. It depends on the circumstances. The circumstances you describe do not raise any issue that is even close to being criminal.
Apparently the children were not neglected, abused, or ever in any danger- at least not according to the information you gave.
People may disagree as to what they would do if they were the parent, but they are not the parent, and the decisions are not theirs to make.
 
I didn't say it is ok. I said it is not necessarily illegal. It depends on the circumstances. The circumstances you describe do not raise any issue that is even close to being criminal.
Apparently the children were not neglected, abused, or ever in any danger- at least not according to the information you gave.
People may disagree as to what they would do if they were the parent, but they are not the parent, and the decisions are not theirs to make.

I disagree.. first of all the woman was under investigation for many child neglect and abuse issues as well as elder abuse, there is a duty to act . leaving the children in a possible dangerous situation has left both agencies open for law suit. The mother is the danger. A two year old can easily climb from a play pen discover mom is not home open the door and run into the road and be hit by a car. This has happened many times . That creates a chance of death. Choking and poison also creates possible death. Toddlers need constant care. Florida does need more specific guidelines to protect our babies.. We have way to many adults who do not have the ability to make responsible decisions when it comes to small children. however some guidelines are there if you look.
 
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It is not a crime to leave the kids home alone under circumstances like this.
If they were left alone all day long with no food or supervision, or if mom took off to Vegas for the weekend, then maybe there would be something to work with.
With the circumstances you describe it seems the officer made the correct decision. If mom wants to slip out for a bit when the kids are sleeping she can do so. Not all parents would agree, but it is not illegal.
Personally, I find the entry into the home very questionable in the first place (at least in the manner it is described here).
Then maybe???? at a minimum this is a 3rd degree felony of child neglect. The officer had no way of knowing if she had just ran to the store, those children could have been left home while she went to Vegas. That requires an investigation. (A duty to act.) People lie all the time. What if she had left the house 60 seconds and was T boned at the red light, could be hours before family members are contacted and they assume the babies are with their father. Can you say neglect, child endangerment, Would you consider this a dangerous situation. Responsible parents do not take chances with their children's safety. The law enforcement officer was completely in his right to gain entry to check the condition of the children who were home alone and in possible danger.
 
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Concerned family members called the hot line and filed a complaint to Children's and Families that she was leaving her babies a 9 month old and a 2 year old who had just turned 2, home alone. She was also abusing her elderly grandfather and leaving the children with him when he was unable to stand. The Investigator did an early morning check and found the children home alone and called the police.When the officer arrived they gained entry to the house and indeed found them in pack and plays in the living room and they were alone and still sleeping. The worker contacted the father to come and pick up the children. Then mom arrived crying and saying she had just ran to the store, then the police officer then did the unthinkable and told her no crime had been committed. Then children services said they could not remove the children if he said no crime was committed.. we are one week out and these children are still in danger she left them alone even knowing she was under investigation.

Florida Department of Children and Families - Caregivers Guide

"Florida law does not have a hard and fast rule about when children can be left home alone, but instead expects parents to take all of the circumstances into account when deciding what level of supervision is needed."

"The National SAFE KIDS Campaign recommends that children not be left alone before the age of 12. Many other children will not be ready until later than that. Also, experts caution that older siblings are generally not ready for the responsibility of supervising younger children until the age of 15 or older."

Technically she didn't break any laws as there is none but I would never leave my toddler and infant home alone even "just to go to the store." My daughter is 3 - I would never leave her home alone to go to the store. It's just easier to take them and safer. Leaving them alone with an elderly grandfather who can't even take care of himself...not wise.

One week out from what? How are the children in danger? I mean it's not very smart to leave them alone to go to the store but are they neglected? Abused? There must not be obvious signs of it if CPS didn't take them out of the home.
 
I disagree.. first of all the woman was under investigation for many child neglect and abuse issues as well as elder abuse, there is a duty to act . leaving the children in a possible dangerous situation has left both agencies open for law suit. The mother is the danger. A two year old can easily climb from a play pen discover mom is not home open the door and run into the road and be hit by a car. This has happened many times . That creates a chance of death. Choking and poison also creates possible death. Toddlers need constant care. Florida does need more specific guidelines to protect our babies.. We have way to many adults who do not have the ability to make responsible decisions when it comes to small children. however some guidelines are there if you look.

You can disagree all you want. That's great. And no one on here has any stock in what happens to these kids. Yes it's very stupid to leave a toddler and infant home alone BUT it's not illegal in Florida. So take it up with your elected leaders in Florida to change the law. Until then she didn't break the law and whatever she's under investigation for didn't have anything to do with this. If you suspect abuse, report it.
 
Then maybe???? at a minimum this is a 3rd degree felony of child neglect. The officer had no way of knowing if she had just ran to the store, those children could have been left home while she went to Vegas. That requires an investigation. (A duty to act.) People lie all the time. What if she had left the house 60 seconds and was T boned at the red light, could be hours before family members are contacted and they assume the babies are with their father. Can you say neglect, child endangerment, Would you consider this a dangerous situation. Responsible parents do not take chances with their children's safety. The law enforcement officer was completely in his right to gain entry to check the condition of the children who were home alone and in possible danger.

You just don't seem to get it.
 
at a minimum this is a 3rd degree felony of child neglect.

I don't condone what she did. I think it was stupid and unforgivable but it's not a crime. Before you make emotionally charged statements like that you should be better versed in what the law actually is.

Florida statute 827.03(2):

(d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree

827.03(1)Definitions:

(e) "Neglect of a child" means:
1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

You're entitled to your opinion that a crime was committed but the reality is that there was no crime committed for which the mother could be successfully prosecuted.
 
the police officer then did the unthinkable and told her no crime had been committed.

Why is this unthinkable? In the subject header of your post, you asked whether it is a felony to leave a 2yo and 9mo alone to go to the grocery store. Presumably you asked the question because you don't know the answer. Yet your comment about this being "unthinkable" suggests otherwise. So which is it?

REALLY????????? You think its ok to leave a two year old and a nine month old baby home alone??? Mister you need to never reproduce!

Back off. You were told that, in fact, what you described is not a crime. And indeed, it isn't. No state has any law that says a parent or caregiver for a child may not leave a child under a certain age alone. As the first response correctly noted, what you described was legal and the cop made the correct call. However, as the first response also noted, many parents would not think what you described is ok. The person who wrote the first response did not say that he/she thought it was ok, and your comment about him/her not reproducing was utterly uncalled for.

You don't have to like that it's not a crime. However, the reason why it's not a crime is because no harm apparently resulted to the children.
 
It was incredibly poor judgement to leave two babies unattended even if they were asleep, but there was no negative outcome. You have no idea whether she will do this again, unless you are the mother in question. If it becomes a pattern, then maybe it might cross the line, but the police are entitled to use discretion and they did. Any other acts she might have committed have no bearing on the legality of this act. It also isn't illegal based on what might have happened. If the 2 year old was prone to escape tactics the tot could just as easily have done so while mom was in another room, or asleep at night. My BIL managed to do just that, including climbing on the counter to unhook the top lock on the door, and was found wandering around the base by MPs. His mother simply went to the bathroom and gathered up the laundry while he played in the same room as his older brothers. No crime was committed then either.
 
Why is this unthinkable? In the subject header of your post, you asked whether it is a felony to leave a 2yo and 9mo alone to go to the grocery store. Presumably you asked the question because you don't know the answer. Yet your comment about this being "unthinkable" suggests otherwise. So which is it?



Back off. You were told that, in fact, what you described is not a crime. And indeed, it isn't. No state has any law that says a parent or caregiver for a child may not leave a child under a certain age alone. As the first response correctly noted, what you described was legal and the cop made the correct call. However, as the first response also noted, many parents would not think what you described is ok. The person who wrote the first response did not say that he/she thought it was ok, and your comment about him/her not reproducing was utterly uncalled for.

You don't have to like that it's not a crime. However, the reason why it's not a crime is because no harm apparently resulted to the children.

So no one in the state of Florida has been arrested and charged with leaving their children home alone under these circumstances?
 
No one said that. It is possible that there have been situations when someone has been arrested and charged with leaving their children alone. However, you're apparently under the mistaken idea that circumstances do not matter; that is is a black and white issue; that it is either a crime in 100% of situations or it is never a crime under any; and that in all cases, the exact same action MUST be taken - i.e. in your preference the mother arrested and deprived of her children.

You are mistaken in that belief.
 
In your scenario the children were found sleeping inside and mom apparently returned fairly quickly. As explained here, it lacks details that would raise it to a criminal level.

Change the scenario to one where the kids are found malnourished playing on the cockroach and trash covered floor, have rashes from poopy diapers, and drug paraphernalia is within their reach. Mom returns hours later and claims to have just run out to the store. There is a lot more to justify neglect.

The act of leaving them home alone is not criminal. That is a parental decision, not much different than whether or not to spank the children. Some do it, some don't. Spank your kid hard enough, or with a dangerous object, and your spank can become criminal abuse.

You must always view the full circumstances, and must be able to separate your personal beliefs from interfering with decisions others are allowed to make freely.
 
So no one in the state of Florida has been arrested and charged with leaving their children home alone under these circumstances?


Some recent news accounts of such arrests:

Police: Mom arrested after leaving 2 kids home alone while at work

Woman Arrested After Leaving Children Alone in Car: BSO

This woman left her kids alone while she traveled to CA:

Woman Arrested After Leaving Children Alone in Car: BSO

Parents Charged with 'Neglect' After 11-Year-Old Plays in Yard for 90 Minutes

Yes, people do get arrested for leaving their children home alone in FL, and every other state.
 
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