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  1. #1
    Join Date
    Oct 2016
    Posts
    1

    Default CPS Referral After Leaving a Child Alone in a Car

    My question involves child abuse or neglect in the State of: California

    Hello,

    I left my 4 year old deep asleep child in the car seat to do a 'quick checkout' at the grocery store. Windows were cracked open and the weather was probably high 70s. Needless to say, the quick checkout became a 10 minute one. They announced my car description over the public system in the store. I ran outside to find 4-5 people surrounding my car and they started to all talk with me at once. My child was safe and still fast asleep in the car but with some ice-cream leftover stains around the lips. The observers mistook this for 'vomit'. I then woke up my child and took inside with me to finish the checkout.

    After about 5 minutes, few cops showed up because one or more of the people around the car had called 911. They asked me some questions and I think they also saw the surveillance video of the store and talked (without my presence) to few of the people who were around the car. They called the paramedics who checked the child and confirmed that there was no harm whatsoever. They kept me there for 2 hours and wouldn't let me take my child in my own car until my Husband showed up with my elder child. To make things worse, the car registration had expired but luckily my husband had mailed it in last week and we are awaiting the sticker.

    I apologized at least 10-15 times to the cops and so did my husband. The cop was pretty agitated and said I was lucky not to be handcuffed and sitting in the back of his car.

    He said he will notify CPS and we will get 'something' in the mail.

    My husband has been reading stuff online and wants to contact a Lawyer on Monday, which we will.

    However, I am going nuts over the weekend want to know what will CPS do? I have read a range of things from jail time to CPS taking the kids away. Also that CPS will come home to interview us and the kids or possibly go directly to our elder child's school to interview? I have spanked the kids one or two times in the past few years and they have been late to school few times. Will CPS be asking all and every kind of 'bad parent' question to the kids or just related to leaving them in the car alone?

    Also, where would we find a good lawyer in San Francisco Bay area?

    Finally, I feel horrible for each and every one of the above things. This has been a wake-up call for both of us to be better parents.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Left Child in the Car for 10 Minutes, Cop Said Will Inform Cps, What's Next

    It is an infraction (VC 15620) to leave a child under 4 in the car under certain circumstances. Even *IF* a CPS referral is made, there is no guarantee that they will do anything about it.

    If you are charged with a crime (and I doubt that will happen) contact an attorney. If CPS comes calling (and I suspect they won't, but IF they do) then you can choose to cooperate or not, as you wish. Understand that if you do NOT cooperate, you may find yourself under ongoing scrutiny until they can clear the matter.

    You are free to contact an attorney now, but, if you pay for a retainer now, it may be for nothing at all.

  3. #3
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    You need parenting classes. You should feel horrible. You gave no thought to the danger in which you placed your child. HOW DARE YOU.

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    Other people have gotten jail time for leaving their child(ren) in the car who are that age or younger. Even if they survived.

    You can't change it now but you should never leave small children alone in a car. At any time. Even if it's just for a minute. You never know what can happen.

    Cops see this stuff all the time and sometimes kids don't make it so that's probably why the cop was agitated. I'm not sure if you have an update - but if you haven't found a lawyer just do some searches. Find ones that have free consultation.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    I think you should read every article in the last few years of children who have died by being left in cars. I am sorry, but were those "quick" groceries really worth your child's life? Because that is the choice you could have been facing. If I had seen your child, I too would have stayed there and called the police and asked if I could break the window to unlock the door to get the child out. Strangers seemed to care more than you do -- and you are more worried about the consequences than the original action (which you now claim to feel horrible about). How sad.

    Your child is worth more than "quick groceries" and if you don't know that ALL the time, then you definitely need some parenting classes and someone checking in on the welfare of all your children. I hope CPS does check back on you. This isn't a small "oops (I got caught)"

  6. #6
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    I picked up mail today and the woman had two sleeping children in the car. I commented on the baby. She woke the toddler who screamed he was tired and then got the infant to go walk ten feet into the post office to the boxes to get mail. The whole thing took less than two minutes. Took longer to get the children out of the car. I sat in my car until she went into the post office (was on the phone) but was hoping she wouldn't leave the sleeping baby in the car. She didn't. She did the proper, correct, legal thing. OP, you did not. I am a mandated reporter. If she hadn't taken the children in, or wasn't going to do so, I would have had to say something to prevent her OR called the police immediately. And got a picture of her license plate. Oh and it is 57 here today.

  7. #7
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    It's not just about temperature.

    Kidnappers and carjackers have been known to take off with a car with a child strapped into the back seat.

    Only takes a few seconds to do that!

    Use your search engine to look up cases where a car thief took off with kids in the car. I used the terms "car stolen kids in car" and came up with dozens of hits.

    Here's one: http://abc11.com/news/suspect-arrest...tolen/1342742/

    And another: http://abc7.com/news/car-with-2-kids...store/1421784/

    I found in seconds, DOZENS of stories of parents who ran into the store for "just a minute" only to come out and their car and children were gone. In fact, I think this kind of case happens more often than the hyperthermia (overheating) cases. Car theft is a very opportunistic act, and car thieves look for unlocked cars with the key or ignition fob inside. Jackpot if the car is left running. The child is often an afterthought or not even noticed.

    Like Ohiogal, I am also a mandated reporter (EMS student) and if I see a child unattended in a car, I will call 911. I signed documentation to that effect, so it's a legal obligation. Even without that, I have no qualms about acting on behalf of the kids.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: CPS Referral After Leaving a Child Alone in a Car

    While I do not disagree with the sentiment about calling the police under these circumstances, before there is a misunderstanding of the term, I should probably point out that being a "mandated reporter" does not necessarily imply a legal obligation to report abuse or neglect while outside your professional capacity (i.e. while off duty, at least in CA, a "mandated reporter" is not so obligated).

    That being said, I would hope that anyone might contact the police or at least make some effort to ascertain the welfare of a child left alone in a vehicle.

    As the OP is in CA, this offense is an infraction under the CVC. While it can also result in a referral to CPS for general neglect, absent the presence of any prior act or injury, it is unlikely that the issue will be pursued by CPS beyond the filing. They MAY seek to conduct a follow-up interview with the OP, but, in my experience in CA this is unlikely.

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