Leaving a Child Alone in a Car for a Few Minutes

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Quoting Mr. Knowitall

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For all you know, the person did keep an eye on the situation.

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That may well be true. But where were they when the OP came out to tell her that she had called the police?

I see that I have a gender mix-up. Sorry about that.

[QUOTE=Mr. Knowitall;837701]Yet that could easily be what drew people's attention, even if you thought it was a nice neighborhood. Leaving the kid in the car while you stock up on alcohol doesn't look good, even if you have the best of intentions.

Where are you finding that? I see a proposed statute for the state, that could make leaving a child alone in a car a violation; but I don't see that the law has been enacted -- and even that would only apply "under conditions that present a substantial health or safety risk". Frankly, if that statute passes as worded, it seems superfluous, as leaving a child "under conditions that present a substantial health or safety risk" would seem to be something punishable under existing statutes with more severe potential penalties.

Such a statute is unnecessary for the police to investigate a report of possible child neglect or endangerment.

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Quoting New York Penal Law, Sec. 260.10

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A person is guilty of endangering the welfare of a child when:

1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or

2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act.

Endangering the welfare of a child is a class A misdemeanor.]
Note the key language there, "likely to be injurious" -- if it were 110 degrees, that would be quite easily established; I'm far more skeptical than aardvarc that a prosecutor will decide that a case can be made under the facts as stated.

There's not much point in fretting over the "worst case scenario". If you were viewed as having endangered your child to the point that strong state intervention was required, odds are you would have been visited by a protective services worker over the weekend. Could something still happen? Sure. But I doubt that there's a case to be made for child neglect, and unless the officer saw something disturbing at your home I doubt that any protective services investigation (to the extent that one even occurs) would be more than perfunctory.

Your car can't be shifted into neutral when the keys aren't in the ignition?

While opinions can vary, most people will disagree with your comparison of the relative safety of your back yard to a liquor store parking lot.

For all you know, the person did keep an eye on the situation.

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Thank you for your research and thoughts. Truly appreciated.

My car will not do ANYTHING but run with whatever you have the thermostat set at until keys are actually put into the ignition. The radio won't come on, it won't allow you to do anything - the engine won't even do anything if you press the gas.

Yes, the woman may have stayed through the duration of the incident and maybe even spoken with police when/if they went to the parking lot. I had a tank top and shorts on, so I obviously was not going into the liquor store to work. Maybe the woman would have felt different if I was going into a gas store to pay for gas while I left him in the car. I mean, after all it was very very selfish of me to do what I did, regardless of the circumstances or the type of store and I am sure that this woman took the fact that I WAS being so selfish as to risk leaving my son in the car to go into a liquor store. BUT, she assumed ALOT here and I do think could have waited before making a call - and frankly she just may have because there is probably a good chance a cop was in the vicinity and with all of the happenings as of late with kids in cars, you would think they would be there within 5 minutes. I am sure the woman was advised to stay and maybe even walk to the car to ensure the child wasn't in danger or showing signs of being distraught - which he wasn't. My son is very well behaved and taken care of (outside if this stupid mistake) VERY well. He has just about the best of everything including parents that love him more than words can say. I think that is why I continue to ask myself WHY over and over. Would I be asking myself that over and over had I not been reported? I would have to say no, unless I thought about it - at which point I WOULD CERTAINLY ask myself, "WTF were you thinking???"
I am concerned that the officer told my wife (he was already at my home speaking with her when I arrived) and he told her that the woman told the police that I had an "Altercation" with her. That is completely false as I never saw or spoke to the woman.

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Quoting budwad

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That may well be true. But where were they when the OP came out to tell her that she had called the police?

I see that I have a gender mix-up. Sorry about that.

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I never saw or spoke with the woman who supposedly reported this. I was approached by a man who said a woman said something to him about the fact that I had left my son in the car unattended. I had no idea she would get the police involved.

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Quoting jdonaldson

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The woman obviously called RIGHT AWAY. I was away from the car for literally 5 minutes.

Saved a child's life? My son is fine! It doesn't change the fact what COULD have happened, but I have to kind of agree that this was taken to degree it didn't need to by the woman who witnessed it. So she called and drove away? How is that saving a child's life? she could have at least waited for the police to arrive (and maybe she did). It should also be mentioned that the woman told the police that she had an altercation with me which is completely untrue. The officer was speaking to my wife when I arrived home about 10-15 minutes after the incident and he told my wife about this alleged altercation but did not ask me about it at all when he questioned me.

I actually just spoke with an attorney who admitted he had done the same exact thing before when his kids were younger, he just didn't get reported or live in the society we do now.
The attorney and I agreed that this is something that probably happens every day without any harm to children. It's the ones that leave their child unattended for 15-20 minutes or more and the cops are sitting there waiting for them when they get back to the car. Or worse, when a child IS harmed.

Believe me, I have accepted what I did was wrong and selfish however I don't believe I should be punished more than I am already punishing myself over it.

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Ok so first it was 3-4 minutes. Now it's 5 minutes. Is it going to increase each time you post?

and you could see the child 90% of the time. That means 10% of the time you couldnt. That means at least 30 seconds you couldn't see the child. Any guess how long it would take to snatch a kid?

while in your situation the child escaped unscathed but unless you are a very good psychic you didn't know something wouldnt happen when you left the child there alone. You are claiming that since nothing happened he was safe. It doesn't work like that.

And now now there is something about an altercation? Maybe she did say something to you and you told her to mind her own business. Of course that is simply speculation but the more you talk the worse things get. Maybe you should stop talking before you are convicted for kidnapping the Lindbergh baby.

For Pete's sake, this is about the only advice we should be giving:

"Hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".

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Quoting Dogmatique

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For Pete's sake, this is about the only advice we should be giving:

"Hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".

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I'm sorry but I enjoy poking idiots that wish to defend stupid behavior. Of course he is going to claim his guilt is penance enough because he doesn't want to face the possible penalties the state could impose. Sorry but if that was adequate our jails would be nearly empty and the coffers placed to accept the cost to cleanse one void of coin.

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Quoting jdonaldson

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I also think a child left in a locked car with the windows cracked (not far enough for anyone to get in or out - even though I know someone could break the glass) on a 65 degree day with the car remote started (no keys in the car and it will not go in gear), is safer if he is out of my view for 3 or 4 minutes than if he was let play in our backyard and we turned our backs for 3 or 4 minutes.

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You're whining about how big a mistake you made and how terrible you feel about it and you come out with an absolutely insane statement like that.

You need to be hung out to dry by your local authorities.

Children DIE in minutes when left unattended in a car. That's why people call the police when they see a child left unattended in a car and that's why there is zero tolerance of that kind of stupidity.

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Quoting adjusterjack

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You're whining about how big a mistake you made and how terrible you feel about it and you come out with an absolutely insane statement like that.

You need to be hung out to dry by your local authorities.

Children DIE in minutes when left unattended in a car. That's why people call the police when they see a child left unattended in a car and that's why there is zero tolerance of that kind of stupidity.

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Yes, they can die in minutes in 100 degree weather or freezing weather. What exactly are you saying?

Yes, I admit I was wrong (i've said it multiple times) but I should be hung out to dry over a stupid mistake in which everyone is ok? I have no record of anything, I hold a great job and provide very well for my family. This was a stupid mistake. Of course I hope I do not get charged with anything, but maybe I will. I am sure that will make some of you very happy. I get it.

Based on his story being factual in its presentation, I don't see anything wrong. I was left in the car many times as a child. When my kids were young, I used to leave them in the car when doing storefront shopping for a few minutes in cool weather. They were in my site and babysat by the car alarm. In fact my stepdaughter yanked my chain one day by intentionally setting the alarm off to see how fast my response time was. Society has degraded into a series of laws designed to protect morons from self extinction and more laws to regulate their behavior. Common sense and intelligence has gone out the window.

While we're evidently roasting this guy alive, does anyone have anything supporting the notion that 65 degrees for 5 minutes has led to heat-related deaths in children?

Point of order. I was supporting him, not roasting him. As long as his car had an alarm audible from inside the liquor store, he did nothing wrong IMO.