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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34358
Experience:  Retired (mostly)
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My live in babysitter left my 9 y/o with a friend of hers all

Resolved Question:

My live in babysitter left my 9 y/o with a friend of hers all night last week while she went to Raleigh and partied. I had no idea until her friend told me and am beyond livid. Is there anything I can do?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

Rather than me go through a laundry list of possibilities, tell me what you would like to accomplish, and maybe I can help you get there.

Thanks in advance.
Customer: replied 1 year ago.

This girl has caused me so much trouble. I am wanting to file criminal charges if I can. I also know that her friend she left here with my daughter (who is 20) isn't even allowed to see her own 2 kids b/c of an ongoing investigation with her and her bf surrounding broken bones to her 3 month old

Expert:  socrateaser replied 1 year ago.
Okay, give me about 10 minutes, and I'll check the penal code to see if there's an applicable statute that you might be able to use.

Back in a few.
Expert:  socrateaser replied 1 year ago.
I'm back.

N.C. Gen. Stat. 14-316.1 provides that a person who neglects a child commits a misdemeanor. Neglect in this case is defined as: "Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others."

So, if your child came back and was terrified at being left with a complete stranger, then that would be a crime under NC law and you can contact local law enforcement and make out a report.

That's really the only law that I can find which may apply to your circumstances.

The only other thing that you can do would be to sue the babysitter for negligent infliction of emotional distress,. You could sue in district court/small claims and probably get $1,000 in damages. That would certainly give the babysitter a wake-up call. Then, you could garnish her wages -- which would certainly teach her a lesson.

That's everything there is under NC law. There would be more, if the child were physically injured, exposed to sexual exploitation, etc. But, just leaving the child with a stranger doesn't leave a lot of options.

Please let me know if I can clarify my answer or be of further assistance.

Hope this helps.
Customer: replied 1 year ago.

Even with the individual she was left with being investigated by child services?

Expert:  socrateaser replied 1 year ago.
The criminal law requires some sort of voluntary act by a person which is intended to or which actually causes an injury to a victim. Placing the child in circumstances where there is a "substantial risk of serious physical injury...by other than accidental means," would be another means of charging the babysitter with criminal child neglect.

But, just because the individual is being investigated by child services, doesn't make leaving the child with that person a crime.

It does give you plenty of evidence that the babysitter committed negligent infliction of emotional distress. But, that's not a crime -- it's a civil lawsuit, and you would have to do that yourself. Law enforcement cannot assist.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34358
Experience: Retired (mostly)
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