Can I get in trouble for child endangerment?

[adjusterjack]

I've tried before. her school doesn't actually allow peanut butter either. But given her condition she would rather starve than eat alternatives. So she has to eat lunch in a separate room and clean up before she goes out to play with the other kids. We are working with a therapist, but it takes time.

Are you talking about your child now?

 

[martsin]

Are you talking about your child now?

yes, someone asked about an alternative for peanut butter.

 

[Zigner]

You said: "... one of the few things she will eat is peanut butter sandwiches." That implies that she will eat other foods. You may want/need to cut the peanut butter out of her diet until this situation is resolved.

 

[stealth2]

I just googled, and there is a peanut-free alternative (soy-based) that claims to taste like peanut butter - called Wowbutter...

You can evict her; then it's not up to her if she moves or not.

 

[martsin]

Not enough other things to completely fill her nutritional needs. It's also not consistent. I can't rely on her being able to regularly eat those things.

 

[martsin]

I just googled, and there is a peanut-free alternative (soy-based) that claims to taste like peanut butter - called Wowbutter...

It doesn't taste much different to me, but it does to her. Trust me I have wasted so much money of fake peanut butters.

 

[quincy]

Although it may be unlikely to be charged under this law for knowingly exposing someone to a life-threatening allergen under the circumstances you describe, if a mom has her child hospitalized (or killed) as a result of the exposure, it potentially could be. And the mom potentially could also sue.

California Penal Code section 347:
https://law.justia.com/codes/california/2021/code-pen/part-1/title-9/chapter-12/section-347/

I found it interesting that Governor Newsome did not enact “Elijah’s Law” (AB2042) in your state, although I can understand his objections to the Bill as worded that was introduced last year. Here is a link to Elijah’s law (which would not apply in your situation):
https://aafa.org/wp-content/uploads/2022/08/elijahs-law-fact-sheet.pdf

 

[Zigner]

Although it may be unlikely to be charged under this law for knowingly exposing someone to a life-threatening allergen under the circumstances you describe, if a mom has her child hospitalized (or killed) as a result of the exposure, it potentially could be. And the mom potentially could also sue.

California Penal Code section 347:
https://law.justia.com/codes/california/2021/code-pen/part-1/title-9/chapter-12/section-347/

I found it interesting that Governor Newsome did not enact “Elijah’s Law” (AB2042) in your state, although I can understand his objections to the Bill as worded that was introduced last year. Here is a link to Elijah’s law (which would not apply in your situation):
https://aafa.org/wp-content/uploads/2022/08/elijahs-law-fact-sheet.pdf

By the same token, mom could be charged with knowingly allowing her child to be exposed to a life-threatening allergen.

 

[quincy]

By the same token, mom could be charged with knowingly allowing her child to be exposed to a life-threatening allergen.

True. Possibly for child endangerment.

It is definitely best if one of the two adults moves before a child is hurt and legal actions are considered.

 

[stealth2]

If *I* were in your shoes.... Start the eviction process and rid the apartment of peanut butter. In the meantime, load kiddo up during the schoolday/week with peanut butter (since they have worked with you to accommodate your daughter's needs). On weekends, no peanut butter at home - do you have family/friends who would help you out by letting you keep PB at their home and come by to feed your daughter? Will your daughter understand that having PB at home could make the little boy very sick - possibly die? That might help to get her on board for now.

Just spit-balling...

 

[quincy]

If *I* were in your shoes.... Start the eviction process and rid the apartment of peanut butter. In the meantime, load kiddo up during the schoolday/week with peanut butter (since they have worked with you to accommodate your daughter's needs). On weekends, no peanut butter at home - do you have family/friends who would help you out by letting you keep PB at their home and come by to feed your daughter? Will your daughter understand that having PB at home could make the little boy very sick - possibly die? That might help to get her on board for now.

Just spit-balling...

Also in the meantime, martsin should educate herself on how to use an epipen.

 

[PayrollHRGuy]

What happens in the meantime though if her kid get's an allergy attack?

It would be on the mother. She knows peanuts are there.

 

[Zigner]

It would be on the mother. She knows peanuts are there.

It could be on the OP as well (but not solely) - it's not as cut and dry as it may appear.

 

[quincy]

Here is a link to California’s child endangerment law:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=273a

The mom with the child who has the peanut allergy really should have informed martsin about her child’s allergy before entering into a lease with her. Depending on the severity of the allergy, it is often not enough to just keep peanut butter or peanut products out of the house but it also can be necessary to keep out all products that contain peanut oil. Contact with the oil alone can lead to anaphylactic shock.

That is asking a lot of a roommate who also has a young child.

 

[adjusterjack]

Nobody's picked up on this yet, but it seems to me that the child's "addiction" to peanut butter needs some work.

Craving peanut butter may be signs of an underlying emotional problem that needs to be addressed.

Craving Peanut Butter: What Does It Mean? (healthline.com)

Cutting it out completely could result in withdrawal symptoms similar to kicking other addictions.

I think Martsin did note that her child was in counselling. Might be helpful in the long run. But doesn't solve the current issue of the roommate's child.