Legal Question in Criminal Law in California

Child Endangerment

My ex took my daughter from the state of CA with out my written consent. When I drove the 9 hrs to NV to pick her up, the daycare she was at wouldn't let me take her. The DA told me that I needed proof that my ex knew he couldn't take her to NV without my permission, but in the mean time NO ONE would take her from the facility. When I got the proof and the okay to take her home, I went to the daycare to find out my daughter was GONE. They let her grandmother take her home and into another county! Can I file a lawsuit against the day care for their negligance and endangerment to my child? Her grandmother could have taken her anywhere!


Asked on 4/10/09, 6:07 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Child Endangerment

First off, child endangerment is a crime. Only the government can bring criminal cases. You can't.

Second, even if a criminal case could be brought against the day care center, it would have to be brought in Nevada. You posted this question under California law, but California courts would not have jurisdiction over such a case.

Third, the definition of child endangerment includes putting the child in actual danger. Making it harder for you to find your daughter is not the same thing. Even if the grandmother had decided to run away with your daughter, that would not mean your daughter was in danger, let alone that the day care center should have recognized the danger. I see no reason to think there is any basis for a child endangerment claim here.

You also mention the possibility of a negligence lawsuit against the day care center. In order to win a negligence case you have to prove (among other things) that the defendant owed you a duty and that it breached that duty. I'm not sure what to do you think the day care center owed you. Did it know she was your daughter? If not, do you think it should have handed her over to any woman who claimed to be her mother? If the center knew her father and grandmother but didn't know you, then it is hard to fault the personnel for the way they handled this situation.

I don't blame you for being upset. You have clearly been wronged here. But the wrongdoer is your ex-husband, not the day care center. Unless there is more to the story, I don't see how the center can be held liable either civilly or criminally.

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Answered on 4/10/09, 6:26 pm


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