Imagine the terror felt by the parents of two toddlers who
accidentally drowned in a pond near their home while in the
care of an 18 month babysitter. The toddlers supposedly
wandered away from their home in Waterford, Pennsylvania
while the babysitter was asleep.
The babysitter told the police that she put the children
down for a nap and then she took a nap in another room at
the same time. While she was asleep, 20-month-old Jenna
Walker and 2-year-old Maggie Kovski supposedly walked out
of the house and then walked for another 100 yards before
they found their way into a man made pond behind the house.
What is wrong with this picture? First, it is hard to
imagine how two little-bitty toddlers exited the house
together, and then walked at least 100 yards together to
the pond. How could they have wandered that far away? In
addition, what was the babysitter doing by taking a nap in
the first place? How long was she asleep? A solid
investigation of this case will require the police to
review all phone records that the babysitter had made
during the time she was babysitting and interview any and
all people who she may have been interacting with, as well
as neighbors who could have seen people coming and going to
the house. Hopefully the investigators will take their
time with this investigation.
Can the babysitter be charged with criminal gross
negligence? Not likely, at least with the facts as
reported by the babysitter. In California, as in most
jurisdictions, criminal negligence requires "gross
negligence." Gross negligence involves more than ordinary
carelessness, inattention, or mistake in judgment. A
person acts with gross negligence when:
1) A person acts in a reckless way that creates a
high risk of death or great bodily injury; and
2) A reasonable person would have known that acting
in that way would create such a risk.
When people fall asleep while in the presence of children
they are supposed to be caring for, it is not an inherently
reckless act. After all, wouldn't all parents be guilty of
this offense when they fall asleep at night after putting
their children to sleep?
We need to learn from the mistakes made by the parents of
these two precious children. In a day when it is necessary
for both parents to work, we have become more and more
dependant upon other people to watch after our children.
In this regard, it would be prudent for parents to consider
the following four suggestions:
1) Hire a babysitter with experience and who has
references;
2) Make sure the babysitter you hire is given explicit
instructions on what is expected, e.g., in this case the
babysitter should have been told that she was not permitted
to take naps while on the job;
3) Install video surveillance equipment within your home
so that you can monitor the babysitter and your kids at all
times from work. It has become much more affordable to
install this type of equipment and we now have the ability
to utilize our desk top computer as a monitors;
4) Make unexpected visits to the house throughout the
week, so that the babysitter never knows when to let down
his or her guard. In order to make the visits feel less
threatening to the babysitter, you may consider dropping
off snacks for the children and the babysitter when you
visit;
5) When your child is old enough, consider placing him
or her into a licensed daycare center for a portion of the
day. Many children thrive at daycare, and it shortens the
amount of time they have to spend with a babysitter. As
most people who care for toddlers will agree, watching
little kids for prolonged periods of time can be extremely
taxing. By shortening the amount of time your child has
with the babysitter will enhance your ability to manage the
babysitter's conduct.
About the Author:
Donald P. Schweitzer, Law Offices of Donald P. Schweitzer,
201 South Lake Avenue, Suite 700, Pasadena, California
91101, (626) 683-8113
http://www.Pasadena
Mr. Schweitzer is a attorney specializing in divorce
litigation. He is a former police officer, and Deputy
District Attorney.
