Sunday, May 04, 2008

To leave or not to leave?

Our new friends at Casa de TiVo have an interesting post about whether or not it is okay to leave a child unattended in a car.

Examples of when I have done this myself include:

1. Running upstairs to the condo to retrieve a forgotten item (usually Henry's sling) (Note: Our underground parking lot is secure.)

2. Taking letters to the mailbox outside our building

3. Returning movies to the video store (Note: Sometimes I return them via the movie slot on the side of the building, other times I open the door and walk the five to ten feet to the slot by the registers.)

I wouldn't consider any of these acts criminally negligent but maybe someone else would. Oregon law states:

"A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child."

7 comments:

Dr. A said...

for such period of time as may be likely to endanger the health or welfare of such child
Isn't this the crux of it? Does that modify both statements or the one just prior to it?

I've left Erin one time in the car (strangely, on my way to meet you and Mr. Henry for dessert). It was POURING rain and I ran out to get cash from an ATM. She was in my sight the whole time. Does that count?

Last week we left her locked in the car in our driveway so she could finish her nap. Moving her would have meant her waking, and crankiness for the remainder of the night. We hooked up the baby monitor inside the car....

Christie said...

That's what I thought! Seems to me that going to the bathroom and leaving my child unattended in the living room could be negligent. And, it doesn't take me that long to go to the bathroom.

Your comment reminds me of one more situation in which Henry was negligently abandoned in the car...

Walking to the parking meter to purchase a parking permit to hang in the window while shopping downtown. I have done this several times.

Seems to me there is a big difference between someone who leaves their child in a car in 100-degree weather to go into the local bar and have a drink and someone who leaves the child in the car to go less than 20 feet away for thirty seconds to drop money into a Salvation Army collection kettle at Christmas. (Believe it or not, some lady was actually arrested and charged for doing the latter. The charges were ultimately dropped.)

Amber said...

I have left Josie alone several times for very short periods of time (ATM, parking meter, etc.) but one of my biggest fears is what happened to my friend... She left her sleeping infant son in the locked car to run in and get a coffee (temp. was fine, no line, etc.) and as she was heading out the door, a lady came racing in screaming about how someone left a baby unattended in a car outside. My friend's argument (she felt horrible, of course, but also somewhat defensive for being called out in such a public fashion) was that it would also be dangerous to carry her baby and a hot coffee at the same time. This is why I opt for drive-thru services whenever possible.

I swear they make those laws so vague on purpose so they can pin anything on anybody if they want to.

Steenhuis Clan Member said...

To me this is clearly a law that was developed for the negligent parents who need guidance from a law to understand what is and what isn't ok. I'm sure there is a law stating you can't put your child in the oven because someone was stupid enough to do it.
If it was 100 degrees out I think the lady that Amber mentions could and probably should have spoken up but some people feel they just need to judge every single action people take. Those people drive me absolutely batty!
That's my 2 cents.

Elizabeth Prata said...

I recommend netflix for movies, no added errand to bring the video back and no need for momentary quandary of leaving chld in car.

I believe all of the above described are no-no's. I don't have kids, that much is true. But I am a teacher of youngsters and I have two nephews. Things happen FAST.

I am not condemning but that is my opinion. It goes without saying that leaving a child in a 100 degree car for long periods is a death warrant for the child and as such using this extreme example is not even to be considered part of any reasonable discussion.

Christie said...

Maybe I should clarify my position a tad. I would not leave a child unattended in a car, until such time I could trust him/her not to do something they shouldn't. But a baby, that's a different story. Henry can't get out of his car seat by himself. He can't walk, crawl, or climb. There is nothing he could do at this stage to get into trouble. The threat is external for babies. I don't know if I would run into a store but walking a few steps from the car, I feel comfortable doing without putting my baby in danger. On a side note, I told Darr if he ever comes home to find me passed out on the floor and the baby is missing, he should immediately go downstairs to check the car.

Cathy said...

I've left both boys in the car to drop off and pick up dry-cleaning.

Once I left a sleeping Quinn (who was 3 at the time) in the car while I went into Jimmy John's (do you all have one of those - a sandwhich shop - yummy!). We were on our way home from the dentist, it was past lunch time, into his nap time, and he was out like a light. And Jimmy John's does not have a drive thru. The entire time I kept looking at the car and as I was walking out some older couple was looking in at Quinn and said to me, "Gosh, he's so cute! Good for you for letting him sleep." Yeah, I thought I was going to hear something entirely different.