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2006 Child Endangerment Report
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E v e r y
C h i l d
D e s e r v e s
a D e s i g N a t e d
Chi ld Endangerment Report
D r i v e r
Mothers Against Drunk Driving
ON The Cover There are very real cases in which a child’s life is placed in danger by a parent or other caregiver’s choice to drink and drive. Yet, as dangerous as it is, driving impaired with children in the vehicle is not a commonly acknowledged form of child endangerment or child abuse. Carlie McDonald, 5 years old, was killed on January 1, 1998 by her intoxicated mother who was driving with a blood alcohol content (BAC) of .22 percent, over twice the BAC illegal per se level. Carlie had been placed in the front seat of the car; her unused booster seat was found in the back. Carlie’s mother had been specifically court-ordered not to consume alcohol in Carlie’s presence. This was not enough to save Carlie’s life. Carlie’s father, Lieutenant Carl McDonald of the Wyoming Highway Patrol, had primary custody of his daughter. He was helpless to protect and ensure that Carlie would be safe when visiting her mother. His life has been forever changed. Carlie loved playing with her dog, Sadie, and reading bedtime stories. Her favorite movie was The Lion King . Because her mother made the choice to drive while impaired with Carlie in the car, Carlie will never be able to live her life and attain her dreams. Her father must learn to live without her and continue his journey of grief.
Copyright © 2004 Mothers Against Drunk Driving - Reprint 2006
E v e r y
C h i l d
D e s e r v e s
a D e s i g N a t e d
Chi ld Endangerment Report
D r i v e r
Mothers Against Drunk Driving
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
Every Child Deserves A Designated Driver
page 1
Child Endangerment Laws
page 2
Why Is There a Need For a Child Endangerment Statute?
page 3
Research and Statistics
page 4
What Can Be Done To Help Protect Children?
page 6
MADD Recommendations
page 7
Uniform Age Requirement
page 7
Child Restraint Laws
page 7
Child Endangerment DUI/DWI Statutes
page 7
Conditions of Bail/Bond
page 8
Recommendations in Civil Cases Related to Child Custody and Visitation
page 9
Miscellaneous Criminal/Civil Provisions
page 9
Public Awareness and Cross Training
page 10
Formal Training Sessions
page 10
Informal Trainings and Briefings
page 11
Training for Prosecutors, Judges, and Attorneys
page 13
Children – Our Most Precious Cargo
page 14
MADD’s Position Statement on Child Endangerment
page 15
ACKNOWLEDGEMENTS
Child Endangerment Expert Panel
John A. Bobo, Jr., J.D. Director, National Traffic Law Center, American Prosecutors Research Institute
Tilde F. Bricker Director of Victim Services, MADD Ohio Ann Dellinger, PhD. Centers for Disease Control and Prevention
Nick Ellinger, MBA Director of State Legislative Relations, MADD National
Wendy Hamilton President, MADD National
Ralph Hingson, Sc.D. Boston University, School of Public Health
Steve Kokensparger, J.D. Family Court Lawyer
Velma Mason, PhD. Director, Office of Alcohol & Substance Abuse Prevention, U.S. Dept. of the Interior, Office of the Assistant Secretary – Indian Affairs Lieutenant Carl McDonald Wyoming Highway Patrol, Parent Victim of Child Endangerment Louanna Werchan Miller, M.S., LPC Assistant Director of Victim Services/Advocacy, MADD National
Nancy Ross, J.D. State Legislative Affairs Coordinator, MADD National
Ruth A. Shults, PhD., MPH Centers for Disease Control and Prevention Bob Shearouse, J.D. Policy Specialist (Meeting Facilitator)
Judge William Todd, Jr. Rockdale State Court
Debbie Weir, M.S.W., L.M.S.W. Director of Victim Services, MADD National
We thank Tonja Lindsey, BS, from the National Center for Statistics and Analysis of the National Highway Traffic Safety Administration for providing the 1997-2001 >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24
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