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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111480
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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2 months ago I woke up to a parents worst nightmare. My 2

Customer Question

2 months ago I woke up to a parents worst nightmare. My 2 year old son was missing from my home . I work midnights at a local ER, so I was sleeping, my mother was at my home, and took a shower while the 2 year old was sleeping. She checked on him after showering and realized he managed to unlock our patio door, remove the door jam lock, then proceeded to remove the patio gate. We ran outside screaming his name, I ran toward the lake in the back of my house ( the area more dangerous) and my mother canvased the area where she heard our dog (who thankfully followed my son) barking. She shouted that " He's over here in the street!", my mother walks with a cane, she knew I could run faster to get him out of the street. I found my son and was completely terrified as he was wearing little girl underpants , which were not his. I picked up him and the dog, immediately bringing him in my home to take off the underpants, and make sure he was not showing signs of assault. My mother spoke to a group of women who were standing a good 60-70 feet away(gossiping) watching a 2 year old child walk in a street.Not one of these women tried to call out when they heard us screaming my sons name. Come to find out one of these people found my child near her house and brought my son to a family who is black, because my child is of mixed race, tried to hand my son off to the person who answered the door, who told this lady that this is not their child ( nor do those people have children who live there) the person who answered the door proceeded to put underpants on my son , because he is potty training when he wakes from sleeping he takes off his diaper on occasion . My question is why were these people allowed to touch my son, assume care then release a 2 year old to the street? We have since installed additional locks on that door. I am totally fine with making sure my child is safe. But how can adults who in my view assumed care of the minor just let a 2 year old child walk in the middle of a street? I want charges pressed on them not to seek monetary damages, but to get a point across that you can not touch other peoples children if you have ill intentions. I called my local police and they refuse to let me press charges. I live in Michigan
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

I am sorry for this dilemma. As a parent I understand your fears. But do not understand the question. Are you asking if a crime was committed ?

Customer: replied 1 year ago.
My question is why were these adults allowed to touch my child, assume care, place him in undergarments then release him into a street.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is child neglect for a child to be unsupervised. So once they found the unsupervised child and actually took steps to locate the guardians, letting the child go off again into the street can indeed be child neglect. However, not watching the child to allow the child to escape the home is also child neglect. I bring this up because that is why the police do not want to push this matter, because if they have to do anything with those who found the child, they also have to notify CPS who will come after you and your mom as well for negligence in supervising the child, so this is a double edge sword. Yes, the people who found your son and did not hold him for the police committed child neglect as much as it is child neglect by whoever was in your home at the time the child managed to leave the home without anyone knowing.

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