Cop's Can't Charge Mom In Bar For Tot Left In Car

[LyLMyssChaos]

I saw this in the local paper and I am just in shock over it:

Authorities are furious that a Troy woman who allegedly left her 2-year-old in her car next to a bag of marijuana while she drank in an Orion Township bar won't face criminal charges for leaving the child.
Rhonda Louise Sheppard, 32, will face charges of misdemeanor drug possession after, authorities say, she left her daughter sleeping in the car while she drank with her boyfriend.


Get the rest of the story here (http://theoaklandpress.com/stories/021806/loc_2006021803.shtml).

[AirForceLove]

You have to be kidding! How is this NOT child endagerment?!:mad: :eek:

[LyLMyssChaos]

I really don't know. In the article they cited the law that states "a child has to die or be seriously injured before we can do anything about it." :eek: :mad: :(

[maxandmolly]

She's not being charged criminally, but the article goes on to say both her children have been removed from her care, and a dependency petition will be filed. So what's more important-her being arrested and very likely spending little to no time behind bars, or the children she endangered being removed from her custody until such time that she can prove herself a capable and appropriate caregiver for them?

[msnicolea]

What maxandmolly said.

[LyLMyssChaos]

Oh I definitely agree that it's more important that her children be removed from her care, and I am so thankful that nothing happened to her children while they were left alone. I guess it just is hard to imagine that there aren't some sort of charges that she could face for something like this. Just last year I think it was there was a woman who left her two children in the car while she went to get her hair done and they ended up suffocating because of the heat, and I think that case is still fresh in the mind of people here in the state. That is why people here are so upset that there is not some sort of criminal charges that could be involved.

[AirForceLove]

So what's more important-her being arrested and very likely spending little to no time behind bars, or the children she endangered being removed from her custody until such time that she can prove herself a capable and appropriate caregiver for them?


I am very glad that her children were removed from her custody, but I have agree with LyLMyssChaos there were no other charges brought against here.

I live in MI too and I had no idea that this was the law here. Someone needs to look at the books and make some changes!

[lawyerlee]

She's not being charged criminally, but the article goes on to say both her children have been removed from her care, and a dependency petition will be filed. So what's more important-her being arrested and very likely spending little to no time behind bars, or the children she endangered being removed from her custody until such time that she can prove herself a capable and appropriate caregiver for them?
Exactly. Furthermore, this actually sounds pretty standard to me. Right or wrong, charges aren't usually brought against a parent unless something really bad happens. Of course, it does depend on the state, its laws, and the prosecutor's views.

[AttyGrl74]

Every child a wanted child.

I'm just sayin'.

[IrisHope]

AttyGrl, I couldn't have said it better myself ;)

[kris97]

She's not being charged criminally, but the article goes on to say both her children have been removed from her care, and a dependency petition will be filed. So what's more important-her being arrested and very likely spending little to no time behind bars, or the children she endangered being removed from her custody until such time that she can prove herself a capable and appropriate caregiver for them?

I know you don't mean to suggest this, but criminal prosecution and actions taken under the auspices of child protection are not mutually exclusive. Yes, it's most important to ensure the child's safety, but it's also important to prosecute these crimes. Prosecution serves a set of goals - such as deterrence and retribution -- that are not addressed by merely removing the children from an abusive parent's care.

[maxandmolly]

The sad fact is, unless something really bad happens, honestly, it isn't criminal behavior. It would just tie up an already overloaded criminal justice system, and for what purpose? To put mom on probation? What useful purpose would it serve to prosecute her, even if the law existed?
Things like this happen far more than most people ever hear about, often in states that DO have laws against it, and rarely are the parents charged. It just isn't a good use of resources, when it bascially accomplishes nothing. It is not the job of the criminal justice system to make you a competent parent. It is the job of the local Child Welfare Agency (whatever title it may have) to ensure that children under their jurisdiction are not abused, neglected or abandoned. Things that happen that cause them to take custody are usually NOT criminal acts. However, they put the child's immediate physical or emotional health at risk. So the CW authorities take action. They file a dependency petition, stating that the child cannot depend on the parent for their welfare, and are therefore dependent on the state for their safety. Once the court agrees, the parent must then complete certain before regaining custody of the child-and isn't that the most important thing - making sure it doesn't happen again?

[lawyerlee]

Every child a wanted child.

No doubt, man.

[lml41981]

Sounds to me like prosecutors realize there's a problem with the law and plan to attempt to change it. At the very least, maybe they'll write their own local ordinance like Oxford Township did.

It is a shame that this woman did not have good judgment. I am glad law enforcement is doing all they can in the situation. Fortunately it did not end up like the case in Detroit in 2002 where the woman's children died while she was getting her hair done (as was mentioned in the article).

[lawyerlee]

I know you don't mean to suggest this, but criminal prosecution and actions taken under the auspices of child protection are not mutually exclusive. Yes, it's most important to ensure the child's safety, but it's also important to prosecute these crimes. Prosecution serves a set of goals - such as deterrence and retribution -- that are not addressed by merely removing the children from an abusive parent's care.
But the reality is that if charges were filed for every situation that we think they should be, the courts would be even more backlogged than they are now. So I truly do think that prosecution should be reserved for the most heinous situations.

[camberne]

I know that it is against the law (here in VA) to leave your child alone in the house if they are 12 years or younger (or maybe it's under 12, but I played it safe and celebrated his 13th birthday last year). Why would it be any different in the case of leaving them in a car alone? And hello, she was in a bar drinking - obviously there was also intent that she was going to be drinking and driving with her minor child in the car after she finished. Is there some reason the boyfriend couldn't grab a six pack and they drank together in the house, if it was so darn important to them?

Ugh. I'm glad they took her kids away.

[LyLMyssChaos]

It is a shame that this woman did not have good judgment. I am glad law enforcement is doing all they can in the situation. Fortunately it did not end up like the case in Detroit in 2002 where the woman's children died while she was getting her hair done (as was mentioned in the article).

:eek: :eek: Was it really that long ago?? It doesn't seem like it.

[lawyerlee]

I know that it is against the law (here in VA) to leave your child alone in the house if they are 12 years or younger (or maybe it's under 12, but I played it safe and celebrated his 13th birthday last year). Why would it be any different in the case of leaving them in a car alone? And hello, she was in a bar drinking - obviously there was also intent that she was going to be drinking and driving with her minor child in the car after she finished. Is there some reason the boyfriend couldn't grab a six pack and they drank together in the house, if it was so darn important to them?

Ugh. I'm glad they took her kids away.
State law isn't standard on this issue. The law in Virginia must be more strict than in Michigan. Furthermore, if the statute doesn't say that leaving a child in a car is a violation, they wouldn't be able to charge the mother.

[camberne]

But the reality is that if charges were filed for every situation that we think they should be, the courts would be even more backlogged than they are now. So I truly do think that prosecution should be reserved for the most heinous situations.But maybe if they started prosecuting some of these and publicizing them, there would be less people likely to do this. I know that knowing the laws here kept me at home if I didn't have a sitter until last year.

[LyLMyssChaos]

Something I was thinking about in regards to this case. The two year old was not only left in the car alone, but he was left in the car alone next to a bag of marijuana. What if that child had eaten it?? I mean, I have a 2 1/2 year old and she has eaten some pretty strange stuff, I am betting it wouldn't take much to hurt a child that age. I wonder why someone isn't exploring charges in regards to that?

[lml41981]

Something I was thinking about in regards to this case. The two year old was not only left in the car alone, but he was left in the car alone next to a bag of marijuana. What if that child had eaten it?? I mean, I have a 2 1/2 year old and she has eaten some pretty strange stuff, I am betting it wouldn't take much to hurt a child that age. I wonder why someone isn't exploring charges in regards to that?
If the child *had* eaten the marijuana and suffered effects from it, then maybe they could have persued that avenue...but it sounds like they can't prosecute on "what-ifs."

[Secret_Squirrel]

Every child a wanted child.

I'm just sayin'.

I read the article. It didn't say if the children were "wanted" or not.

Plenty of "planned" and "wanted" children are also victims to parental immaturity, poor judgement, or abuse. Heck, the same bad judgement that leads a woman to leave a child alone in a car might be what lead her to want a baby in the first place.

I'm not trying to pick of fight, just saying it's not that simple.

[maxandmolly]

Something I was thinking about in regards to this case. The two year old was not only left in the car alone, but he was left in the car alone next to a bag of marijuana. What if that child had eaten it?? I mean, I have a 2 1/2 year old and she has eaten some pretty strange stuff, I am betting it wouldn't take much to hurt a child that age. I wonder why someone isn't exploring charges in regards to that?
Because it's criminal to be in posession of it. Period. It's not more criminal to be in posession of it, in the presence of a child (that I know of). It is, however, something that will add more fuel to the fire (for lack of a better term) for the dependency petition. Not only is there an allegation of inadequate supervision, but also an allegation of substance abuse/child exposed to illegal substances.