I think duct tape falls into that catergory...Sure, I got twins...when one cried the other was quiet and vice-versa. But, NEVER, NEVER, NEVER in a million years would I not report my child missing for 31 days, and then it was my mother who had to make the report but most of all, DUCT TAPE COVERING their AIRWAYS ! What part of this isn;t child abuse or am I reading your comment wrong. Please, if I am off base here just tell me !
I totally agree with you, Stephr. IF a child was "missing" but alive for 31 days and not reported, that would be grounds for reporting based on abandonment. Putting duct tape on a toddler anywhere, but particularly covering airways is child abuse. Using drugs or chloroform to knock a toddler unconscious is child abuse. IF she put a live child in the trunk, that would be child abuse. There are many, many things that could have been abuse, neglect or abandonment. If in doubt, call it in favor of abuse, neglect or abandonment and launch the investigation with the mandatory report. The safety of kids is first in my book. We are clearly on the same page there.
You did, however, misread my post. The mandatory reporting laws only refer to reporting the death of a child if it is determined that the death was due to abuse, neglect or abandonment. There was a condition precedent to the requirement to report the death of a child. That condition precedent is the problem. Ultimately, it is the coroner who decides if the death was due to abuse, neglect or abandonment.
The issue was what did Cindy know and when did she know it. Did Cindy believe any of the conditions precedent were present?
KC said she hadn't "seen" Caylee in 31 days. That didn't necessarily mean Caylee had been "missing" for 31 days. KC may not have "seen" Caylee for 31 days because Caylee died 31 days ago and her body was disposed of 31 days ago. (Not saying this was the fact of the case.) It could be that KC meant KC had not "seen" Caylee for 31 days because she was limiting "seen" to a live Caylee and Caylee had been dead for 31 days but was stowed part of that time in the backyard, trunk of the car and then in the forest but only the living, interactive Caylee was counted. So, maybe the facts didn't meet the statutory definition of "abandonment" because Caylee was not a "child" (a live person under the age of 18 years) after she died and during the 31 days of death between the time she died and the time KC was talking to LA and CA on July 15, 2008 did not count as an abandonment period.
Now for the abuse/neglect condition precedent. Neglect is sort of the act of omission side of abuse. The issue is did CINDY know Caylee had been chloroformed, duct taped, stuffed in the trunk and left to die? No. She didn't. In Cindy's mind, the decomp smell in the trunk and car was very scary, but she didn't have absolute proof what caused the odor and wasn't emotionally ready to believe it could be Caylee who died. Cindy preferred to take the safer route and believe Caylee was somewhere with somebody, still alive and had been missing for 31 days. As we saw above, a child who is already dead, is a "former child" whose body is not yet located, but is not a living child who is "missing." She ceased being a "child" when she died.
I really think Florida ought to amend the statute to clarify these issues.
