On April 1, 2009, Michigan will be on a list of states that
prohibit leaving a child unattended in a vehicle.
Michigan Compiled Law 750.135a reads as
follows:
(1) A person who is responsible for the care or
welfare of a child shall not leave that child unattended in a
vehicle for a period of time that poses an unreasonable risk
of harm or injury to the child or under circumstances that
pose an unreasonable risk of harm or injury to the child.
(2) A person who violates this section is
guilty of a crime as follows:
(a) Except as otherwise provided in
subdivisions (b) to (d), the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine
of not more than $500.00, or both.
(b) If the violation results in physical harm
other than serious physical harm to the child, the person is
guilty of a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $1,000.00, or
both.
(c) If the violation results in serious
physical harm to the child, the person is guilty of a felony
punishable by imprisonment for not more than 10 years or a
fine of not more than $5,000.00, or both.
(d) If the violation results in the death of
the child, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more
than $10,000.00, or both.
(3) As used in this section:
(a) "Child" means an individual less than 6
years of age.
(b) "Physical harm" and "serious physical
harm" mean those terms as defined in section 136b.
(c) "Unattended" means alone or without the
supervision of an individual 13 years of age or older who is
not legally incapacitated.
(d) "Vehicle" means that term as defined in
section 79 of the Michigan vehicle code, 1949 PA 300, MCL
257.79.
In the many cases, parents get out of the car
and forget the child is back there. In those cases,
parents are distracted by a cell phone, work, or a change in
routine.
A Green Oak Township toddler’s death, died
from heat stroke in Michigan in the summer of 2008 and at that
time, it was the sixth in the state since 1998.
Eighteen-month-old Alyssa Stouffer died July
16 after she was left in the pickup truck in the family's
driveway for about five hours on a 90-degree day. The
baby died of hyperthermia.
Consider these descriptions from the death
certificates of children that were published by the National
Highway Traffic Safety Administration:
-
a 9 month old died after being 'left
strapped in child safety seat in a sweltering minivan for
two hours - misunderstanding between child's parents
resulted in the child being left alone in the van; one
parent believed infant was at home with other'
-
a 6 month old 'baby died when
accidentally left in hot car for 3 hrs, died when outside
90-degree temperatures rose to 130 degrees inside closed
car, parents thought the other had carried the baby from the
car to crib'
-
a 34 month old 'toddler who recently
learned how to open a car door apparently climbed inside
family station wagon while parent and sibling were in house'
-
a 23 month old died when a 'relative
babysitting child, put child in car for trip to store, went
back in house having forgotten something, was distracted by
something on television, sat on couch to watch, fell asleep,
woke up two hours later'
-
a 2 year old died after a 'parent left
child in car after returning home from errand - was left for
more than an hour'
-
a 2 year old 'child apparently
slipped away from parents and siblings, fell asleep atop
blanket in unlocked car in driveway of home, oldest sibling
found child 40 minutes later.’
Remember, according to the National Highway
Traffic Safety Administration, a locked car sitting in the
summer sun quickly turns into an oven, and temperatures can
climb from 78 degrees to 100 degrees in just 3 minutes, to 125
degrees in 6-8
minutes.