Very useful information; I will keep this stored in mind. Thank you for the posting!<quoted text>
Cally the Good Samaritan Act only protects you from liability in rendering first aid.
Now removing the child from the car if the parent or someone else witnessed you doing this and not knowing what you were doing you could face charges of kidnapping.
One other thing the neighbor could have done after calling 911 was to take a bucket or something with cool water and a wash cloth and put that on the baby’s head to help cool the baby.
Pennsylvanis Good Samaritan Act.
42 Pa.C.S.A.§ 8332
Nonmedical good Samaritan civil immunity
(a) General rule.--Any person who renders emergency care, first aid or rescue at the scene of an emergency, or moves the person receiving such care, first aid and rescue to a hospital or other place of medical care, shall not be liable to such person for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue, or moving the person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue or being moved to a hospital or other place of medical care.
(1) This section shall not relieve a driver of an ambulance or other emergency or rescue vehicle from liability arising from operation or use of such vehicle.
(2) In order for any person to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall be, at the time of rendering the emergency care, first aid or rescue or moving the person receiving emergency care, first aid or rescue to a hospital or other place of medical care, the holder of a current certificate evidencing the successful completion of a course in first aid, advanced life saving or basic life support sponsored by the American National Red Cross or the American Heart Association or an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council and must be performing techniques and employing procedures consistent with the nature and level of the training for which the certificate has been issued.
1982; 1976, July 9, P.L. 586, No. 142, S 2, effective June 27, 1978. As amended 1978, July 1, P.L. 697, No. 122, S 1, effective in 60 days.
Join the discussion below, or Read more at The York Daily Record.
#142 Jul 2, 2010
#143 Jul 2, 2010
So, the father blames the cop for waking the baby? He blames the neighbor for not acting in a timely manner? He says the handcuffs were too tight and he might not be able to work again?
I have a feeling that if the neighbor would've removed the baby from the car, then the father would've accused him of attempting to kidnap the baby....AND... The father would be angry at the cops, if they didn't arrest the neighbor....AND... The father would claim that he could no longer work due to the "emotional duress" caused by the attempted kidnapping.
#144 Jul 2, 2010
Hmm...interesting theory. You make some great points.
#145 Jul 2, 2010
So what makes it wrong for the father to do it but the neighbor who called the cops gets a free ride for just standing there peeking out his window and leaving the child sitting in there.I am glad the child wasn't in a fire,the neighbor probably would have stood there and watched.
#146 Jul 3, 2010
Dang right, as a neighbor of these clumps of crap, he probably knew EXACTLY how they might react if he removed the child. The "dad" is nothing but a system leaching pr!ck looking for ANY excuse to get any handout possible. And it'd take a lot of evidence to convince me that "mom" didn't have this child just for the tax write-offs and government assistance. My only hope is that these two retards get a chance to read what some of the people have said here. But if I am being realistic, what are the chances they are concerned with current events?
#147 Jul 3, 2010
Oh yes since the worthless MOTHER can defend the worthless FATHER, Where does either one of them say anything about defending the baby while he was in this hot car asleep with a bottle. Oh guess the idiots dont no a baby can choke on his formula. Hopefully if there was liquid in the bottle it was water or juice and not milk but who nos what was in bottle. So neighbor i praise u for what u did cause I no these worthless idiots and yes they would of had charges on you. Why worry about the neighbor they need to have more concern on this baby. So come Aug and I still see this Worthless FATHER driving around I no JUSTICE WAS NOT served.
My prayers are with these children that are so called forgotten. Mother and Father You both need to serve for your stupid acts.
#148 Jul 3, 2010
§ 2904. Interference with custody of children.
(a) Offense defined.--A person commits an offense if he
knowingly or recklessly takes or entices any child under the age
of 18 years from the custody of its parent, guardian or other
lawful custodian, when he has no privilege to do so.
(b) Defenses.--It is a defense that:
(1) the actor believed that his action was necessary to
preserve the child from danger to its welfare; or
(2) the child, being at the time not less than 14 years
old, was taken away at its own instigation without enticement
and without purpose to commit a criminal offense with or
against the child; or
(3) the actor is the child's parent or guardian or other
lawful custodian and is not acting contrary to an order
entered by a court of competent jurisdiction.
(c) Grading.--The offense is a felony of the third degree
(1) the actor, not being a parent or person in
equivalent relation to the child, acted with knowledge that
his conduct would cause serious alarm for the safety of the
child, or in reckless disregard of a likelihood of causing
such alarm. In such cases, the offense shall be a felony of
the second degree; or
(2) the actor acted with good cause for a period of time
not in excess of 24 hours; and
(i) the victim child is the subject of a valid order
of custody issued by a court of this Commonwealth;
(ii) the actor has been given either partial custody
or visitation rights under said order; and
(iii) the actor is a resident of this Commonwealth
and does not remove the child from the Commonwealth.
In such cases, the offense shall be a misdemeanor of the
(July 9, 1984, P.L.661, No.138, eff. imd.)
#149 Jul 3, 2010
I feel sorry for the baby too, they should have used CONDOMS! They are available everywhere, try em, they are lubricated and will save the taxpayers bundle later!
#150 Jul 6, 2010
Did you even read this story? She thinks it's OK that this guy left her baby in a car unattended. THAT'S why she needs parenting classes.......DUH. I'm so sorry I had to explain that. If you have small children maybe you should consider the parenting classes yourself..........As for the neighbor - he did the ONLY thing he could do under the circumstances. Bravo to him for doing the right thing when others would have been to selfish to get involved.
#151 Jul 7, 2010
know= to have knowledge
#152 Jul 15, 2010
complete nutcases. Her daughter should be taken away from her as well as the baby. These people are just great to have as neighbors.
#153 Jul 16, 2010
No one with a brain would leave a baby in the car with no one watching it. I take better care of my Dog. It would have been nice to see how he reacted if the baby was gone after he came back out of the house. I feel sorry for those children living with parents like this. The police should have put the cuffs on much tighter, and behind his back, And then left him sweating in the squad car for a few hours with the AC off.
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