Originally Posted by professionalmom:
I do not see the "kidnapping" as long as you are not keeping the parent from the child, but merely refusing to let them leave.
Here's what I would think would be the greatest liability - False Imprisonment.
Definition: False imprisonment is the detention of a person without any justification, consent, or authorization by law.
Justification - life or death situation, adult smelled of alcohol, possible risk to self, child, and other motorists / pedestrians, time frame was reasonable to allow for law enforcement to arrive any make a determination.
Consent - If you have this in your contract (no release to intoxicated person), they have GIVEN consent for you to restrain them in this circumstance. If you don't have it in, you could argue IMPLIED CONSENT based on the fact that they are entrusting the child into your care for protection and that duty does not end until they are off your property.
Now the law is different from state to state, so the wording may be different, but it usually allows for the "consent" exclusion. Put it in the contract and you're covered. They would be hard pressed for any recourse.
Wow - I'm having flashbacks to law school, which seems like a lifetime ago! FYI - there's always a loophole. There are rules, exceptions to the rule, exclusion to those exceptions, etc.
You make some very good points there with the consent/implied consent!
Another one to ponder....if you refuse to release the child into an intoxicated person's care/vehicle, what are they going to do? Call the cops?
And what do you think the police are going to do first thing when they arrive and drunken angry guy (and his car) are in your front yard?
Cars don't teleport themselves, and I don't have a bar on my front lawn.......DUI!