Parents Charged with Involuntary Manslaughter for Allowing Child to Walk to Store

What Actually Happened?

Two brothers asked their mother if they could meet their father at a grocery store that was two blocks away from the house. The mother agreed to allow the boys to meet their father at the store. While the store was only a short distance from the home, the boys needed to cross what some news outlets are reporting as a “busy four lane highway.” Legend Jenkins, the seven-year-old who was fatally injured in a car accident, was attempting to cross the road while not in a crosswalk at the time of the incident. According to reports, his 10-year-old brother had made some attempt to prevent Legend from crossing when the 7-year-old unexpectedly darted out in front of oncoming traffic. Tragically, the young boy passed away at the scene of the accident. The driver was not charged with any crime as she was adhering to traffic laws at the time of the accident and would not have been able to foresee and/or prevent the incident. The parents, however, were both charged with neglect and involuntary manslaughter.

Does Neglect Always Have Criminal Consequences?

Neglect is a criminal charge, but neglectful parents aren’t always charged with neglect, since neglect can also be a civil issue. Furthermore, neglect can look different from situation to situation. Also, what constitutes neglect in one state may not be considered neglect in another state, for example, it’s acceptable to leave a 6-year-old home alone in Kansas, but not in Illinois where children aren’t able to be left alone until they’re at least 14 years old. The situation may also matter as well. While it may not seem like a big deal for a child to walk two blocks, the fact that the children had to cross a four-lane highway where cars were moving at high speeds likely factored into the prosecution’s decision to file charges against the parents. Another factor was the age of the children. While the seven-year-old was with his older brother, the older brother may not have been old enough or mature enough to properly supervise the younger brother. Lastly, even though the parents weren’t the ones who were driving the car, it could be argued that they significantly contributed to the incident by allowing the children to walk to the store unsupervised.

What if My Child Walks to School?

As previously mentioned, the area in which the children were at the time of the incident was likely a significant factor in the prosecution’s decision to file charges against the parents. If the children were walking on a sidewalk in a residential area—where many schools are located—the outcome may have been different. If you and your ex are trying to decide whether or not your child should be allowed to walk to school, there are some things to consider: the child’s age and maturity level, the distance from home to school (or whatever the destination is), whether or not there are sidewalks, whether or not there are roads to cross, the speed limit in the area the children are walking, and the crime rate of the area in which the children are walking. This list is by no means exhaustive. There may be (and likely are) other factors to consider that may impact your child’s safety.

Is Your Child Safe at Your Ex’s House?

It is not uncommon for one ex to hover while the other is a pretty hands-off parent. This may cause conflict when the child is going back and forth between two parents who have such different rules, especially if one parent is demanding that the other parent loosen up/enforce more rules. Generally speaking, your ex has the right to decide how they’re going to parent during their parent time. So, if they want to allow your child to walk to and from school, there’s a good possibility that they’re well within their rights to do so, assuming that there is no elevated risk of harm in your child walking to school. If you believe that your ex is neglecting your child or allowing the child to be put in harm’s way during their parent-time, it is likely in your best interests to speak with an attorney who can give you advice that’s tailored to your situation.

Is an Attorney Really Necessary?

Technically, you don’t need an attorney. However, it is highly recommended that you have an attorney if you have reason to believe that your child is in danger due to abuse and/or neglect. There’s a lot of advice online, but it can be difficult to know what advice is based on current laws and the laws in your state. Credibility is also important as it can be difficult ot determine which advice is based on actual knowledge from an attorney who’s licensed in your state. Furthermore, you can’t know for certain how the facts of your case will contribute to the outcome of your case. In most situations, it will be in your best interests to at least consult with a family law attorney if you believe your child is in danger while they’re at your ex’s house.