Again from post #12:
Florida Statute 827.10 says “A caregiver who deserts a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to unreasonable risk of harm commits a felony of the third degree.”
Florida Statute 39.01(10) says “Caregiver†means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child’s welfare as defined in subsection (54)."
And (54) says “Other person responsible for a child’s welfare†includes the child’s legal guardian or foster parent; an employee of any school, public or private child day care center, residential home, institution, facility, or agency; a law enforcement officer employed in any facility, service, or program for children that is operated or contracted by the Department of Juvenile Justice; or any other person legally responsible for the child’s welfare in a residential setting; and includes an adult sitter or relative entrusted with a child’s care."
So you are saying that he had a legal responsibility to be personally responsible for the wellbeing of 3206 children? If so, why is it not 3206 counts, since his actions were identical for every student at that school?
Also, separate from my other questions, what is Florida’s definition of “child”? That may or may not affect how applicable those laws are…
I don’t know if they are basing the charges on the above or not. It appears to apply. Maybe not.
To your point, it’s not possible for one person to be personally responsible for each and every kid in the school. He is being charged for seven counts of felony neglect of a child, three counts of culpable negligence and one count of perjury. Not sure where the counts come from but I believe he should be held accountable for his actions. As to the “child” question, I assume it may refer to minors.
He signed up for this. He signed up to put himself in harm’s way to protect students. He was trained extensively to do so and he chose to do the opposite. He didn’t just do nothing, he did the opposite.
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