http://reason.com/blog/2015/06/11/11-year-old-boy-played-in-his-yard-cps-t
Parents are arrested for leaving son outside for 90 minutes due to delay from traffic and rain. Parents are arrested on third degree charges. Here is the law: "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." The children were taken by cps and not returned home for a month. The parents had to plead “not guilty” in criminal court. They are now are mandated to comply with cps dictates such as parenting classes, therapy and day camp. The summer before this happened, they were having a low key summer together hanging out at the house. This past summer, the mother sits at home while the boys go to a day camp that they did not necessarily want to go to. How can the cps and court system catch and follow up on acts that should actually be felonious charges and stay away from traumatizing a family who had no major issues until separated and involved in the cps and court system?
Some states unlike Ohio have an age when it is appropriate to stay home alone. I cannot believe this was upheld in court by a defense attorney. This seems like an accident and not a crime being committed.
ReplyDeleteIt's scary that the justice system could make a mistake this severe. So many kids and families experience these types of situations that it seems crazy to consider it to be neglectful. It seems that this referral was not appropriately investigated.
ReplyDeleteThis should have been a case where the judge used his or her own discretion to assess the situation. I think it is going to be more harmful to these children because as we know, interactions with the juvenile justice system can be a risk factor. If nothing else, it probably traumatized the children.
ReplyDeleteI think this case is ridiculous. As an 11-year-old, I was left home alone for a few hours after school everyday. If I happened to be locked out, I would go to a friend's house but if this child felt content playing basketball, that should be ok too. To answer the question posed, courts should look more at the context of the case before coming to a decision.
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