Yet the child was seen at the hospital, did not require treatment at the hospital(so no hyperthermia) and released. Obviously no neglect noted by the professionals at the hospital. This was an accident and a family in a panic who may not have reacted perfectly...and a cop who overreacted. End result is people may think twice before calling the police for assistance, fearing prosecution. Another unnecessary situation that erodes confidence in the police.
It may just be me but I'm not certain the "one reason" part is directly related the child's temp. When I read "one reason" I was more thinking the officer felt something else was going on than what he was being told. The doctors at the hospital not noting neglect doesn't really mean much here in this situation if you look at the below information.
The ticket was for "suspicion of child abuse by neglect".
Nebraska defines neglect this way:
"Neglect is defined in two ways.
- Emotional neglect is when the child suffers from the parent's not giving them chances for feeling loved, wanted, secure, and worthy.
- Physical neglect is when a parent does not provide basic needs or a safe place to live. Examples are:
- not having enough food or clothing;
- not following doctor's orders;
- not providing the supervision needed to keep the child safe;
- not having heat in the winter."
I don't know if this is the exact statute used for the ticket but there is this from Nebraska:
"
28-710.
Act, how cited; terms, defined.
(1) Sections
28-710 to
28-727 shall be known and may be cited as the Child Protection and Family Safety Act.
(2) For purposes of the Child Protection and Family Safety Act:
(a) Alternative response means a comprehensive assessment of (i) child safety, (ii) the risk of future child abuse or neglect, (iii) family strengths and needs, and (iv) the provision of or referral for necessary services and support. Alternative response is an alternative to traditional response and does not include an investigation or a formal determination as to whether child abuse or neglect has occurred, and the subject of the report shall not be entered into the central registry of child protection cases maintained pursuant to section
28-718;
(b) Child abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be:
(i) Placed in a situation that endangers his or her life or physical or mental health;
(ii) Cruelly confined or cruelly punished;
(iii) Deprived of necessary food, clothing, shelter, or care;
(iv) Left unattended in a motor vehicle if such minor child is six years of age or younger;
(v) Sexually abused; or
(vi) Sexually exploited by allowing, encouraging, or forcing such person to solicit for or engage in prostitution, debauchery, public indecency, or obscene or pornographic photography, films, or depictions;
(c) Comprehensive assessment means an analysis of child safety, risk of future child abuse or neglect, and family strengths and needs on a report of child abuse or neglect. Comprehensive assessment does not include a determination as to whether the child abuse or neglect occurred but does determine the need for services and support to address the safety of children and the risk of future abuse or neglect;
(d) Department means the Department of Health and Human Services;
(e) Investigation means fact gathering related to the current safety of a child and the risk of future child abuse or neglect that determines whether child abuse or neglect has occurred and whether child protective services are needed;
(f) Law enforcement agency means the police department or town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol;
(g) Out-of-home child abuse or neglect means child abuse or neglect occurring in day care homes, foster homes, day care centers, residential child-caring agencies as defined in section
71-1926, and other child care facilities or institutions;
(h) Review, Evaluate, and Decide Team means an internal team of staff within the department and shall include no fewer than two supervisors or administrators and two staff members knowledgeable on the policies and practices of the department, including, but not limited to, the structured review process. County attorneys, child advocacy centers, or law enforcement agency personnel may attend team reviews upon request of a party;
(i) Traditional response means an investigation by a law enforcement agency or the department pursuant to section
28-713 which requires a formal determination of whether child abuse or neglect has occurred; and
(j) Subject of the report of child abuse or neglect means the person or persons identified in the report as responsible for the child abuse or neglect."
So to me it is entirely possible the officer viewed the situation as more than a simple accident and more of a cause for concern of other factors.
