def of substantial risk of harm

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mwebb

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Can someone provide the legal definition of substantial risk of harm in the state of ohio. Also where can I locate this definition .
 
There is no single definition or listing of what may or may not constitute "substantial risk of harm".

The courts tend to use common sense and expect parents to exercise same.

Perhaps if you expand on the question we might be able to help you further.
 
Ok thanks, I've read the orc. Here's the issue ( not proud) my wife and I went on vacation, our boys are 1 and 4. After doing what everyone does on vacation (beach,pool,dinner shopping etc) our boys fell asleep in our truck. Its midnight and were heading back to hotel. we see a bar that was in a movie it's a small place 2700 square feet. I pull in so my wife can running get a t-shirt, she comes back and we're standing outside cause we're both smokers there is a patio at the bar with parking next to it. Since the truck was so close to the patio we felt it was safe to have a beer . All witnesses say we went to the truck often. Police dont say we were impaired in anyway. We purchased two beers on credit card thank god. Im a ccw holder. Had gun in door of truck. Police say substantial risk. But kids never woke up , temp was 71 degrees Windows down 2inches give or take. We felt we were in control, and never left sight of truck,checked on boys repeatedly. That it in a nutshell. Perception is bad. We were not trying to relive r twenties just hang for a sec to say we were there while being close to our truck...18 feet away to be exact. Well give me what ya think.
 
We hired a firm. Again were not saying it was a great idea. It's hard to swallow, the boys were closer to us then when we tuck them into bed at night, and in this case we checked on them more then when we put them into bed. Im having a hard time finding the substantial risk to two sleeping boys with us being so close and checking so often. Perception is bad, facts as I've gave them to you..well its more perception then what actually occurred.
 
You both will just have to listen to the law firm's advice & their opinion.
 
mwebb said:
We hired a firm. Again were not saying it was a great idea. It's hard to swallow, the boys were closer to us then when we tuck them into bed at night, and in this case we checked on them more then when we put them into bed. Im having a hard time finding the substantial risk to two sleeping boys with us being so close and checking so often. Perception is bad, facts as I've gave them to you..well its more perception then what actually occurred.
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With all due respect, you can't see how alcohol, gun and two young children might not represent a risk?
 
With respect, your perception may have been that everything was fine and there was no risk, but to an unbiased listener, going only by what YOU have said, I can completely understand how the cops thought there was a risk.

And since that's based on your side of the story without input from the cops...well, do you catch my drift?
 
Might? Sure...I just didn't know people could be charged on a maybe. I thought or assumed there had to be some sort of actual results that occurred from a persons action. Boys were sleep which means they have no actual physical or mental issues from what occured that night ,plus there age alone they hv no recollection .we were not unable to care for ourselves ( impaired) we were in a visual range of three parking stalls. Closer then in our home from where the boys sleep. I'm trying to understand how the totality of circumstances equal substantial risk. To blank it, yes alcohol,kids,gun dont mix. Is there no obligation of the state so probability that action did occur, not maybe or could of? There was no gun charge..no alcohol charge. Charge was ...child abuse without harm..
 
Nothing bad has to actually happen - it's the potential endangerment that can be acted upon.

Neglect, for example.
 
I hear ya I just didn't want to write a book. Check out my last post, maybe im in left field, we just want a t-shirt and a pic . Were parked next to the railing of the patio. When my wife came out we stepped onto the patio, waitress ask if we wanted beer, each bought one. there was a 20 something year old bouncer there I asked him about the area and what would be good to do while we were here on vacation I told him that we just left the amusement park in our boys of fall asleep so we would be walking over to our truck a lot.we know now but no calls were made to the local police department.an officer pulled in to do a bar check and the bouncer told him that we left our kids out the car the capital there for 3 hours trying to determine I assume if we had a crime.we were not impaired in any way and both boys were sleep the entire time the police report states that both boys were sleeping did not appear to be in any distress.
 
I'm not saying you're going to have the kids removed indefinitely.

Or even that you'll be convicted of anything.

But you've got to realize that you were, essentially, really lucky. It would have taken all of a split second for one of the children to wake up, root around and find that gun.

And Mom and Dad were enjoying a beer elsewhere.
 
For the sake of argument ment, I feel in this neglect would then be opinion based. I've found neglect in the form of not taking kids to doctors,providing food, shelter ect. Everytime I try to research child risk of harm all I get is kids beaten, or died, I cant find anything (case law) on a circumstance similar to ours. I hv found parents leave kids in to go into strip club and a bar. But all of those say kids were awake parents were hammered or drugs were in the pic some how.
 
Very correct, we are not denying that this was not our best idea. I work two jobs and the momma works one. All we do is work never take vacations, we will never do it agin for sure. I was in the military for six years, im a gov contractor now...I feel im up to speed on the ways of the world...for sure...but I'm ignorant in this. For every action there is a reaction....there was no reaction here..I just didn't know the government (a local government)could charge "citizens"on the possibility that something could occur.
 
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It seems there is no use continuing this "debate" - ask your lawyer your questions.
 
I just didn't know the government (a local government)could charge "citizens"on the possibility that something could occur.

Now you do.
 
Fair enough, I appreciate the comments, ive look over some of the other questions in the abuse category u guys hv ripped some people thanks for going light on me.
 
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