I have heard so many stories about the government over-reaching and not allowing parents to discipline or raise their own children, but this one may just take the cake. A mother was trying to teach her two daughters a lesson after they missed the bus. My guess is that this was not the first time they had missed it. For a punishment, they were required to walk to school. Now, did they walk alone? No, the mother stayed close following them in her car the entire way. Some nosy person must have witnessed the strange scene and called the police. I mean, it would look a little suspicious to see a car slowly following two little girls walking with their backpacks. But you would think the police officer would come check things out and then see that nothing bad or illegal was happening, so the officer could move on. Only that is not what happened. Instead the mother was ticketed for Child Abuse because the temperatures were cold (this is in Tennessee by the way where the 55-degree weather was seen as too cold) and because the mother was not able to reach her children in the event of an emergency. Seriously?
Larimer County Child Abuse Lawyer: What is the Definition of Child Abuse?
The Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
I guess the argument the DA would make was that the mother placed the children in a situation that posed a threat to their safety. But, if the distance between a car on the side of the road and the sidewalk is too far to protect a child in an emergency situation, then couldn’t any parent standing more than 3 feet from their child be charged with this crime? If that is the case, Fort Collins police officers should actively roam the local parks looking for parents sitting on the benches watching their children play on the other side of the park and hand out tickets for Child Abuse. If you are not within an arm’s length from your child, apparently you are committing Child Abuse.
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Loveland Child Abuse Attorney: What is the Punishment / Sentence for Child Abuse?
In Larimer, Boulder, and Jackson County, Child Abuse can be charged as a felony or misdemeanor:
|
Child Abuse Crime Classifications and Charges |
|
| When a person acts knowingly or recklessly and the child abuse results in death to the child | Class 2 felony Child Abuse |
| When a person acts with criminal negligence and the child abuse results in death to the child | Class 3 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in serious bodily injury | Class 4 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in an injury other than serious bodily injury | Class 1 misdemeanor Child Abuse |
| When the person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury | Class 2 misdemeanor Child Abuse |
| When the person acts knowingly or recklessly and no injury results | Class 2 misdemeanor Child Abuse |
| When the person acts with criminal negligence and no injury results | Class 3 misdemeanor Child Abuse |
Based on the ridiculousness of the story, my guess is that she would be charged with a class 2 misdemeanor Child Abuse: knowingly putting her children at risk and no injury occurred. The punishment for a class 2 misdemeanor is 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. I can only hope that the mother has an experienced criminal defense attorney who will push the DA to dismiss these charges.