Sure, You Can't Leave a Toddler in a Car. What About a 12 Year Old Just for a Few Minutes?

Dear Attorney Baron

My husband has this habit of leaving our son in the car whenever he needs to run into the store just for a few minutes. He says it's just easier to let our son sit in the car and play on his i Phone while he does some quick shopping.  He also says that you can only get in trouble for leaving a toddler in the car. Our son is 12 and very responsible young man. What do you think?  Am I being too overprotective?

Overprotective Mom, Rocky Hill 

Dear Overprotective,

I understand the temptation for some parents to leave their older children in the car as they run into a store to grab a few things.  Or maybe you have a younger child who is sleeping and it's a pain to wake them up and unhook the seat when all you need to do is run in to grab some laundry detergent. Maybe you just want avoid a situation where your kid begs you to buy something when all you want is to run in and out.  It is not worth the risk. Even if you have a very mature 12 year old, it is against the law to leave him unsupervised.  Under Connecticut law, if you leave a child unsupervised in your motor vehicle or a place of "public accommodation," it is considered a substantial risk to your child's safety or health.  In fact, it's considered a Class A Misdemeanor.  That means you can risk a year in jail, pay substantial fines, and earn a visit from the Connecticut Department of Children and Families. 

in Connecticut, you may also face the charge of Risk of Injury to a Child.  The state must prove beyond a reasonable doubt that you willfully or unlawfully caused or permitted a child under the age of 16 to be placed in a situation which endangered the child's life or limb and it was likely to injure their health or impair their morals.  If the child is found to be lethargic or it is determined that their health is in danger, the police will consider your child injured.

Think of the inside of your car like a greenhouse.  Even on a nice day where the temperature is around 70 degrees, the temperature in your car can increase 70% in the first 30 minutes.  You can get heat stroke when your body temperature exceeds 104 degrees.  If the police charge you with Risk of Injury to a Child, the repercussions are far worse as you would face felony charges. Depending on the level of felony, you could be facing years in jail. You also have to consider the worst case scenario. Research indicates that over 600 children have died from being left in a hot car since 1990.   If your negligence resulted in the death of a child, you could be charged with something even more severe including felony murder. Some tips to consider:

• Never leave a child unattended in a vehicle, even if you are only going in the store for a few minutes

• Never let children play in cars. 

• Make a habit of looking in the front and back of your vehicle before locking the doors and leaving

• If you observe a child left unattended in any car, especially on a hot day, you should call 911. 

I hope I answered your question  Best of luck.

Adrian Baron

Attorney Adrian Baron is a partner in the law office of Podorowsky Thompson & Baron. Designated one of the top 100 Legal Bloggers in the nation by the American Bar Association's ABA Journal Magazine, he has been named to the Super Lawyer New England Rising Star list for the past four consecutive years. A graduate of Pace Law School, Adrian maintains offices in New Britain, Stamford and Westport.  To submit a question, email him at abaron@ptblegal.com or visit him on the web at ptblegal.com

This column is intended to provide general information about the subject matter covered. It is not meant to provide legal opinions, offer advice, or serve as a substitute for advice by licensed, legal professionals.