• Unattended child?

My wife was watching her granddaughter overnight. She woke up the next day in terrible back/neck pain. So she felt that she needed to go to her chiropractor. So she drove up to the chiropractor with her granddaughter in a car seat. This was in March, at the beginning of Covid-19. The temperature outside at the time was 70 degrees. When she got to the chiropractor‘a office, her granddaughter was sound asleep. So she called the office and spoke with the receptionist, who has become a personal friend, and explained the situation. My wife was concerned bringing her granddaughter into the office because of COVID-19. It turned out there were no other patients in the office, so the receptionist agreed to come outside and stand by the car to watch the granddaughter while my wife ran inside and had a quick 5 minute adjustment. The window was rolled down. My wife’s daughter is now accusing my wife of child endangerment. Does this constitute child endangerment? We are in California.
Asked 5 years ago in Family Law
Religion: Christian

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21 Answers

It does not amount to child endangerment 

 

2) your wife had taken sufficent precautions 

3) receptionist was watching over your grand daughter 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

Where were you/other family members at the time she visited the chiropractor?

what is the age of the baby?

the facts stated consists of negligence since she drove the car despite the fact that her position was not fine, that too carrying the baby (granddaughter)

she may face some inconvenience during her ride if the baby wakes up or the baby may create some trouble,

however, if the receptionist was looking after the baby and she depose in your favour then you can avoid the fact of leaving the baby alone in the car,

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1. We are Indian lawyers here and are not well versed with US laws.

2. This can be effectively answered by US attorneys only.

3. In India this would not amount to child endangerment.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

The law of California is different to that of the Indian laws. 

If they have given a complaint against your wife,  you may consult a local attorney and sort out the issue. 

No opinion without knowing the charges or the complaint made and the law involved in it,  would be proper. 

 

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

1. Well please take note that law differs in every country and in every country there is no universality of the same. 

2. In India there is nothing like child endangerment in India which is though something different in USA.

3. Therefore consult someone in USA who is a well versed with American law. 

4. There are many attorneys of Indian origin in California.  Look out for them. 

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

Child Endangerment refers to an act or omission that renders a child to psychological, emotional or physical abuse. Child abuse based on the offense of child endangerment is normally a misdemeanor, but endangerment that results in mental illness or serious physical illness or injury is a felony. The child who is subjected to child endangerment is called an abused child or a neglected child.

In Penal Code 273a PC, California law defines child endangerment as wilfully exposing a child under 18 to unjustifiable pain, suffering, or danger. A person can be charged for subjecting the child to an unreasonable risk of harm, even if the risk never comes to fruition.

Child endangerment laws are some of the strictest in states like California, where the alleged victim does not even need to have any physical harm for the state to consider an action a crime. 

Under the California Penal code, child endangerment is a domestic violence crime where the accused has caused or allows a child to suffer unjustifiable physical pain or mental suffering, causes or allows a child in their care to be injured or even placed in a dangerous situation. Because there is no requirement that the child is injured or that the injury even is caused by the person charged with endangerment, a person accused of the crime may not necessarily be aware they have committed one.

If a person is charged with this crime, they could face up to one year in prison if charged with a misdemeanor. If the child was in no danger of death or serious injury, the person will be charged with a misdemeanor. However, more serious risks to the child or actual injury could lead to a felony charge for endangerment. For felony endangerment, the potential prison sentence could be as much as six years.

 

If your daughter make complaint against her mother, then you have to appoint a lawyer who will get Bail Bond. But the Bail Bond amount is very high, instead you both talk with your daughter and sort this issue inside your home. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Well she didn't leave the child alone at any point of time. She herself was not well and hence she went to a doctor.

Her accusations her false. Let her take away her daughter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your wife is not liable for Child Endangerment.   It is an Absolute and baseless allegation.

Infact, she should be praised because she has taken utmost care and precaution of the child to protect from Covid-19, and that, she made the Receptionist of the Chiropractor to attend to the Child.

The allegation of the Daughter is baseless and it does not constitute Child Endangerment.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear sir,

In my opinion, this should not amount to Child Endangerment. At least, in India it does not. 

However, this issue would be governed by US Laws, it is better if you seek an opinion from a US Attorney. 

All the lawyers on this website are based in India and have a knowledge of Indian Laws. Most of us might not even be aware of the standards of care prevalent in USA.

Best wishes.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

This situation and legal complications are to be detailed as per US laws.

As that country have more strict laws about child safety so this could be a problem 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It depends on the Californian law. Prima facie it s not child endangerment

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

See the allegations are made as per the US law, you may engage an attorney in US to assist you, and file a reply to her allegations. If your wife has taken due care this cannot be alleged against her. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, it is not.

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Your wife's act does not comes under the endangering the welfare of a child. Her act comes under the purview of willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering or  health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered. Even though in California child endangerment is the act of a parent or caregiver leaving a young child unattended and alone in a hot car.

 Indian law and California law are different.  Individuals charged with child endangerment crimes not suffer wrongful convictions and that their rights be protected at all costs.

 So engage a experienced defense lawyer

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

No this is a natural act.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- child endangerment can be charged when an adult: Causes or permits a minor to suffer unjustifiable physical pain or mental suffering, and wilfully causes or permits a minor to be injured, or. wilfully causes or permits a minor to be placed in a dangerous situation.

- In India such offences come under the Juvenile Justice (Care and Protection of Children) Act,

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

1. Your wife had taken the best step under the given circumstances.

 

2. Her granddaughter was in deep sleep and was sit belted and there was the receptionist posted tom take care of her granddaughter in case of any eventualities. The window glass was rolled down which provided adequate oxygen to her granddaughter to breath.

 

3.Your wife left her granddaughter under the care of the receptionist for 5 minutes only.

 

4. Her granddaughter was not endangered  in any way whatsoever.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Dear Sir,

The said case is never of child endangerment and you may submit the proof by way of statement of receptionist 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

as per india law, it would not amount to child endangerment.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

No it will not be child endangerment if window was rolled down and your wife left receptionist with her.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that your wife cannot be held liable for any offence or compensation too as she was doing in good faith without any intention to hurt her.
  2. I would like to apprise you that this kind of conduct comes under the ambit of Law of Tort of negligence.
  3. But your case stands at different stage where fault of your wife cannot be justified at all.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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