Legal Question in Family Law in Florida

Hello - I am not sure how to classify my query... Family Law, Criminal Law, Personal Injury...

It involves child safety (perhaps neglect...) in regards to opinions leaving children unattended in swimming pools. Florida Statutes Chapter 515 concerns Residential Swimming Pool Safety Act, but there is no mention of parental supervision...

My neighbor has a pool, and their children (ages4 and 6) are often in the pool for extended periods all by their lonesome (I am talking an hour or more at a time). It scares me to death. I have brought this to the attention of both the mother and father; they replied that their kids know how to swim, and they are all right by themselves. They seemed unconcerned about their children's safety...

They also have had other children over to their pool to swim - and the children, all in same age group, are left unattended. I phoned one neighborhood parent that is my friend last summer (the children were then 3 & 5 years of age, and my friend's child was also 5, but younger than the owners' child) and informed her that her child was swimming unsupervised, and she rushed over, and took her baby home...

After reading about a child that drowned recently, I am feeling helpless and guilty. Are there laws in regards to this? If I contacted the police, what would be done? Department of Families and Children?

These kids run and jump into the pool, and it is a recipe for disaster. Should a tragedy or an accident occur, I do not want to beat myself up for the rest of my days should something happen to these beautiful children.

Does this fall under negligence, abuse, or both. Please tell me if there are laws related to this situation, and if I should initiate contact with authorities. Thank you

CHAPTER 515

RESIDENTIAL SWIMMING POOL SAFETY ACT


Asked on 7/18/13, 7:46 am

2 Answers from Attorneys

John Smitten Carey and Leisure

It falls under potential child neglect. If you want to call the child protection hotline.

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Answered on 7/18/13, 8:42 am
Robert McCall Law Office of Robert McCall

You cannot force responsible parenting. If you are really concerned you can call DCF. They will investigate (Child death is a hot button issue with them as their leader just resigned over the deaths of 4 children); but they will also disclose your identity to the parents.

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Answered on 7/19/13, 5:50 am


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