Is This Criminal Negligence?

[flrancho]

I had something come up today in my memory that I was wondering if it was criminal negligence. I've read some on the matter, but I'm still not sure if it is or if its not. I'll give you scenario in question.

When I was 15-17 years old I worked in a daycare center as a child care employee in Florida. I don't remember my exact age when this happened, other than that I was still in high school. I'd gotten the job that young because I knew the owner of the daycare. One day there was a new kid that came into the daycare that didn't speak English. I was left in charge of her with the some of the other kids while the other ladies went to their areas of the building with their group of kids. I was having some problems with the non-English speaking girl running off into a corner of another room and crying (missing her mom?). I tried to engage her and get her to join in activities, but because of the language barrier, things were a little complicated. The child apparently didn't want anything to do with anyone else, and just stayed in the corner of the neighboring room and cried. I left her in the corner she ran to and would check on her periodically to make sure she was still ok (other than staying in a corner. On one check to see how she was doing, the child was gone and there was a door open nearby where the child had run away. I flew into a panic realizing the child had run off. I peaked outside and didn't see her. In hmy panic, I lost complete sense of what I was supposed to do in this situation and didn't alert anyone to the child's disappearance. I kept pacing and going "what should I do? what should I do?" I just couldn't think. I thought of alerting someone, but then was afraid of leaving the other kids while I went to say something. My fretting and worrying went on until the manager came over and asked where the girl was. I was afraid I would loose my job and pretended I didn't know the girl was gone. Apparently, the girl had run out of the building to a neighboring building, where the managers office was. The child's mother was told about the child going missing, but she didn't press any charges against the daycare or me, though granted, she didn't know I knew the child had gone missing. I feel terrible, and had no idea at the time that what I did might be criminal. I was just so scared and panicked that I lost my head.

My question is, is this: am I guilty of criminal negligence? On one hand I knew the child was gone and didn't do anything about it, but on the other hand it wasn't because I didn't care that she took no action, but because I lost all her sense in the panic of the situation.

Secondly, assuming I'm guilty, should I turn myself in even though this event happened around 7 years ago? What would my punishment be?

[retdetsgt]

It would be in Oregon:

163.200¹
Criminal mistreatment in the second degree
(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:
(a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or
(b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.
(2) Criminal mistreatment in the second degree is a Class A misdemeanor.

[flrancho]

Should I turn myself in? What will happen?

[Samuel]

What lessonS did you learn from that incident?

[flrancho]

I learnt that I need to learn to better manage myself in stressful situations and really think things through instead of letting my immediate emotions run away with my head. The best thing I could have done would have been to run to the nearest person that was really in charge and tell them that one of the kids was missing. I got panicked and I made a really stupid decision. I would never make that decision again.

[Samuel]

A few I see from your incident, in no particular order:

1. Any time you have a position of authority/trust, when you are tasked with seeing to the care/well-being of people who can't take care of themselves, you have great responsibilities. You need to make sure you're ready, willing, and able.
2. Ideally, you should know what to do in common emergencies - even moreso when you are #1.
3. Take responsibility for your actions or inactions - even if that means possibly getting into trouble.
4. If you have employees or people working for you, you need to ensure that they are properly trained and capable of performing their duties.
5. "Good security is not convenient" - close and lock doors when you're caretaking little kids, mentally challenged, forgetful elderly, and other at risk persons.
6. Don't be afraid to admit you don't know how to do something or to ask for help (but make sure you've made your own effort before asking).

Confirming that the child was found almost immediately and unharmed? If so, I say no big deal, you know better now...

[flrancho]

Yes, the child ran next door to a building that was part of the same organization that contained a school for older children and offices. She was unharmed.

[flrancho]

Does anyone know what the Florida laws are? I'm afraid this may be considered under child abuse or child negelct instead from criminal negligence, and therefore, maybe the statute of limitations hasn't run out. Any help would be appreciated.

[scott715us]

Probably closer to a child neglect situation in most states. The mother didn't want to pursue charges, so I don't see any being filed. In all honesty, due to your age, lack of maturity, training and inexperience, I would be more inclined to go after those that hired you in a civil court, rather than a criminal court. Though no harm was done and the child was located rather quickly, so I doubt it would go anywhere in either side of the law (criminal or civil) If nothing was done and the police didn't even respond, I wouldn't worry about. Just learn from the mistake and dont' make it again.

[flrancho]

I guess I'd better thank my lucky starts so to speak.

As a side note, yes nothing was done and police didn't respond. To my knowledge authorities weren't even notified, just the mother who chose not to do anything. Can't that be an issue though..... isn't it required by law to report child neglect to authorities? Was it my job to do that, or the manager of the daycare? Or did it not matter since the mother didn't do anything?

Its just that I was reading something that said failure to report child abuse/neglect to authorities by anyone that knew or had suspicion of it happening could be imprisioned or fined. Am I going to get in trouble for not reporting, or was that my boss's job, or a moot point since the Mom didn't do anything?

[Cat_Doc]

You were placed in a position of authority at a very young age. You did not perform at the level expected of you. The child was not harmed, but it could have very well gone the other way.

It appears this is still bothering you seven years later. It also appears you have learned from this and would not repeat it.

Don't worry about it and move on.