By USA TODAY
A Georgia mom arrested after her 10-year-old son took a solo walk to a store about a mile from home in rural Georgia has vowed to fight the charges in a case that has prompted confusion and criticism from experts and parental rights activists.
Body camera footage from Fannin County Sheriff’s Office shows Brittany Patterson, then 41, being confronted and arrested at home on Oct. 30 by deputies hours after a bystander reported seeing her son in public alone.
Deputies returned the boy, who was unharmed, home. Then, they came back several hours later to arrest Patterson.
“Last time I checked it wasn’t illegal for a kid to walk to the store,” Patterson said in the footage.
“It is when they’re 10 years old,” replied Deputy Kaylee Robertson said. (Patterson’s arrest warrant and a report written by Robertson say that the root of the charge was that Patterson didn’t know where her son was and failed to report him as missing to authorities before leaving the home.)
“Similar to Georgia’s laws, the laws in Arizona do not expressly designate an age at which a child can be left alone by a parent. Generally, a parent is permitted to leave a child alone if the child is of suitable age and maturity to provide themselves basic care and find emergency help on their own. If a child is not of suitable age or maturity, lack of supervision may present a substantial risk of harm to that child. This is when Arizona Department of Child Safety (DCS) can get involved and investigate failure to provide supervision, which falls under the general “neglect” category. When neglect allegations are substantiated (meaning there is a reason to believe the allegation is true), DCS can provide a safety plan and services for the parent, file a dependency petition with the Juvenile Court, and/or refer the case to law enforcement for criminal charging. Depending on the egregiousness of the neglect, a parent may face charges under A.R.S. 13-3623. It is unclear whether allowing a ten-year-old child to walk to the grocery store alone would constitute criminal child neglect. As always, it depends on the circumstances.”
Ashley Hutton, family law attorney at Rose Law Group
