• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Babysitting while intoxicated

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RedPenguin

Junior Member
What is the name of your state? Pennsylvania.

Ok, I wish to ask some people at this forum because you guys are very knowledge in law, so I am wondering what would this be considered.

Two adults who are alcholics drink all the time, and they were babysiting a 5 year old girl, while both being drunk out of thier mind. They police came after a neighboor called.

Now what would this be considered? Child endangerment or abuse or neglect or what?

Also, if the adults are drunk out of their mind and barely even know what's happening, and the kid is too young to understand her address, what do the police do with the child? Being that these two adults were not the parents, how do the police find out who and where the mother/father is to return the child?

Is the charge a felony or misdomer?

Is the charge as serious being that it was not the mother/father or doesn't parental relation matter? I mean because these two adults were not the parents at all.
 
Last edited:


CdwJava

Senior Member
RedPenguin said:
Now what would this be considered? Child endangerment or abuse or neglect or what?
Neglect or a similar offense under PA law, I imagine. But it depends on how inebriated they were. If they were functional and still able to provide for the wellbeing of the child it may not be criminal, but CPS could look into the matter.

Also, if the adults are drunk out of their mind and barely even know what's happening, and the kid is too young to understand her address, what do the police do with the child? Being that these two adults were not the parents, how do the police find out who and where the mother/father is to return the child?
The child would likely go to CPS unless they could get the parents' information out of the adults. Even then, CPS might be a good option until the situation can be sorted out.

Is the charge a felony or misdomer?
It depends on the circumstances.

Is the charge as serious being that it was not the mother/father or doesn't parental relation matter? I mean because these two adults were not the parents at all.
Not being familiar with PA law on the topic, I can only equate it to CA law, in which case the crimes are similar or identical. there are likely some additional charges the parents could face if they knowingly put the child in danger with these two adults.

But, the devil is in the details.

- Carl
 

garrula lingua

Senior Member
If the parent(s) of the child knew these 2 were alcoholics & drank 'all the time', then I'd charge the parents with child endangerment for leaving the child there.
 

garrula lingua

Senior Member
The issue in charging the two drunks, is:
how can the Prosecutor prove that they weren't drunk & incompetent when the child was left there ?
Also, which one was responsible for the child ?
I'd charge the parent who left the child (or at least notify DCFS).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top