The story has been picked up by national outlets and has sparked debate online: a Kissimmee woman was arrested for leaving her children home alone for several days while she was in Las Vegas.
“My first impression as being a parent is it was a little shocking that another parent left her four children at home while she went to Las Vegas,” said Richard Hornsby, a veteran defense attorney based in Orlando.
Irene Miller, 50, was arrested last Friday on four counts of child neglect without bodily harm.
Hornsby is not associated with the case in any way, but he spoke to News 6 Thursday to offer his legal insight. He said that taken in a vacuum, he understands why this case has garnered widespread attention.
“However, when additional facts came out about why she went to Las Vegas, the steps she took to care for her children while she was gone, and the fact that there is a domestic violence case pending against her husband and the children’s father, it provided more context,” Hornsby said.
The child neglect investigation began October 21, when one of the children called 911 to report that her nine-year-old brother was hurt after a dumbbell fell on his head, according to the Osceola County Sheriff’s Office.
When deputies arrived at the home, they learned that no adults were there, and that the children—ages 14, 12, 11, and nine—were “left unsupervised,” according to investigators.
Deputies said they called Miller, who told them she was in Las Vegas for work and would be home October 23. Investigators said she told them she had left for Las Vegas on October 18.
Miller also told deputies that she had a babysitter coming from Tampa both in the mornings to help the children get ready for school and after school to check on them. The babysitter was not required to stay overnight, according to investigators.
“There is no law that says that you can never leave your children unsupervised,” Hornsby noted. “What does become the issue is when you leave your children unsupervised for prolonged periods of time. Then it becomes a legal issue.”
Hornsby said a key determination in this case will be whether Miller took reasonable and prudent steps to ensure her children were cared for and supervised while she was away.
“What the courts look at in child neglect cases is two things,” Hornsby explained. “One, did you take reasonable measures to care for your children? And two, is it something that a prudent person would do if they were in the same situation?”
Osceola County court records also provide a glimpse into the Millers’ family dynamic.
In September, Miller filed for divorce from her husband. A month prior to that, her husband was charged with misdemeanor battery against Miller, prompting a no-contact order.
In announcing the arrest, the Sheriff’s Office said deputies contacted the children’s father, who took the children to his home.
“The Osceola County Sheriff’s Office will not tolerate child neglect,” Sheriff Chris Blackmon said in a statement. “These cases will be investigated, and charges will be brought against the parents who are not properly supervising or caring for their children.”