Friday, July 19, 2018; a mother of a 17 month-old boy unknowingly left her son inside a parked car while she went to work. The baby was secured inside a child safety car seat. The engine was turned off and the windows rolled up. About eight hours later, realizing her child was inside the car, the mother called 911. Temperatures were in the upper to mid-90s that Friday afternoon according to the National Weather Service.
Officials with the Pembroke Pines Police Department said upon arrival, the child’s color was blue. On Saturday, the police confirmed the child had died. Lawrence Hashish, the family’s lawyer, indicated this was a tragic accident, and not irresponsible or intentional. “She’s a good mother,” he said. “She’s very family-oriented and very involved in the church.”
Facts: KidsAndCars.org
The inside of a vehicle heats rapidly, the temperature inside can reach 125 degrees within minutes. 80% of the increase in temperature inside the vehicle happens in the first 10 minutes. This is known as the “greenhouse effect”. Cracking the windows down does not slow the heating process or decrease the maximum temperature. A child’s body overheats 3-5 times faster than an adult. 88% of children who have died from vehicular heat stroke are 3 years old or younger.
According to KidsAndCars.org, 55% of parent(s) or childcare provider(s) unknowingly left a child inside a vehicle; 28% involve a child entering a vehicle without the knowledge of the parent or provider; 4% involve unknown situations as to how or when the child entered the vehicle, and 13% of the circumstances are when a parent or childcare provider intentionally abandoned a child inside a vehicle.
This article is focused on individuals who unknowingly left a child inside a vehicle.
As a father or mother, you could not imagine a set of circumstances in where you unknowingly left a child inside a vehicle. Did you forget to take the child out of the crib, or to dress the child, feed the child, place the child in the car seat? If your spouse or partner did all those things for you, did you forget you had a child?
I could not imagine a factual situation diminishing the responsibility of a parent or caregiver for forgetting a child was inside the car. Has there ever been a situation in where you forgot to get dressed before leaving your home? Did you ever forget you were employed and did not go to work? How could you forget a child is imprisoned inside your vehicle?
As a society, we have determined that certain conduct is repugnant and thus it is a violation of our criminal law. If an individual willfully, or knowingly commits and intentional act; that same individual is legally responsible for the act and its consequences.
If an individual unknowingly leaves a child unattended inside a motor vehicle, and said child dies from vehicular heat stroke, a prosecutor or district attorney’s office will aggressively prosecute. Law enforcement shall exercise due diligence investigating the facts and circumstances surrounding the death, and child protective services will be involved as well. Unknowingly leaving a child inside a motor vehicle may result in prosecution under child abuse and several homicide statutes. In the case above, the Broward County State Attorney’s Office filed Aggravated Manslaughter of a Child against the mother.
Who does not believe the mother must be held accountable for abandoning her child inside the vehicle causing his death?
Should this mother be prosecuted for unknowingly leaving her child inside the vehicle? According to KidsAndCars.org, in an overwhelming majority of child vehicular heatstroke deaths, it was a loving, responsible parent that unknowingly abandoned the child. The child caregiver(s) are a, “teacher, dentist, social worker, police officer, nurse, clergyman, soldier, and even a rocket scientist. It can happen to anyone”.
Can we have a meaningful discussion as to why the mother should not be prosecuted? Are we even capable of such analysis and introspection? This mother did not knowingly or willfully; she did not intentionally; and she did not purposely abandon or leave her most cherished son inside that car on Friday.
(1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle:
(a) For a period in excess of 15 minutes;
(b) For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.
(2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500.
(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.
(6) If the child is removed from the immediate area, notification should be placed on the vehicle.
(7) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
The Florida legislature permits a parent or guardian to leave a child younger than 6 years of age inside a motor vehicle under certain circumstances. Can someone explain the 15-minute rule? According to reporter Alex Finnie, Broward Desk, Channel 10 News {posted:12:55PM, July 16, 2018}, State Representative Emily Slosberg intends to introduce a bill that would prohibit an individual from leaving a child unattended inside a vehicle for any amount of time.
If Representative Slosberg’s bill had passed last year, would anything have changed? Would this 17month-old child be alive today?
I do not believe we can legislate the human condition. An individual who unknowingly leaves a child inside a motor vehicle causing the child to die from heat stroke should not be prosecuted. I do not believe you should be sentenced to prison; placed on community control; be supervised on probation; compelled to perform community service; or even pay a fine.
This mother is already incarcerated. She has been sentenced to life. What punishment can our criminal justice system invoke upon her that she will not do to herself. If society needs revenge, then let the mother be. She’s locked in a cage much more dangerous than any prison. With every breath, she will remember. Can you imagine walking in her shoes for one day? When the mother sees a child, she will see her own son sitting lifeless inside the car seat. For moments each day until her last; her heart will temporarily stop, her chest will tighten, and she also will turn blue.
I am a practicing criminal defense attorney in South Florida. I represent individuals charged with violations of Florida’s criminal law; including child abuse. Each case is unique, and heart breaking. But a Judge, Prosecutor, and Jury must set aside emotion and evaluate each case solely on the facts, and not upon social media, talking heads on CNN, or the written press. We are all human, we are all flawed, and yes, we all make life changing mistakes. Individuals who place themselves in this unspoken situation knowingly did nothing, they intended nothing, and they willfully committed no act. They simply forgot one of life’s most precious gifts.
“BUT FOR THE GRACE OF GOD GO I”
The purpose of this article is not the analysis or discussion of what alleged Florida Statute has been violated. The purpose of this article is not to be used for legal counsel or advice. Every situation is different and unique invoking its own set of facts and applicable law. The sole purpose of this article is to open a discussion, a debate, as to whether an individual, morally and ethically; who unknowingly leaves a child inside a vehicle should be prosecuted?
