vendredi 31 mai 2019

Court Proceedings: What Are the Elements and Defenses of Child Endangerment

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

Will give a brief summary as it is needed. A woman and mother of 3 children that I know took her kids to a movie along with 2 of her friends and their children. One of her children is 2yo and was having a melt down and I guess in his fit hit his head on something. Mom then removed the child from the theater. I guess another woman decided to be special and call the police citing that she saw the child hit their head (self inflicted) and mom did not seem "worried enough".....

the woman is an RN and nurse educator but of course these nosy folks never actually know the facts. So when police arrived, the mother was holding her 2yo and they proceeded to separate her from her child and her child had a complete meltdown over it. The mother became pretty combative because they could not control her son and EVEN LOST THE CHILD IN THE PARKING LOT and other people had to help corral the child. The mother was, IMO, rightly pissed off.

THE ISSUE - The mother and one of the other parents were consuming alcohol at the theater and it was smelled by cops. For whatever (not a good idea) reason, volunteered to take a PBT, in which she blew over a .10. She was not driving, did have a sober parent with her party, but they arrested her for endangerment. I can only conclude that they arrested ONLY because of the alcohol because they certainly don't have useful evidence against her regarding a head injury.

EMTs showed up to "check the well being of the child" and concluded on scene that the child didn't have so much as a red mark, bump, nothing, and was 100% fine, and they were NOT impressed with the police tactics here.

i already told her that her outbursts likely caused this outcome BUT I agree and believe any normal jury would agree that you force separation between a young child and their parent for nonsense BS, I think any parent is going to have issue, especially when you can see that officers cannot properly care for the child and keep them safe.

I have advised her to go to her first appearance and see what the prosecutor does. Knowing how things are today, it would not shock me to see them try to ride the full charge thinking they are "doing something good for the world", but there is also a chance the prosecutor is a little smarter than the officers and can see this case as complete BS.


Court Proceedings: What Are the Elements and Defenses of Child Endangerment

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