I have a little different take on this. Speaking from experience.

9 years ago I had 3 children they were ages 4 (DD), 2 (DS), and 8 mos (DD). I worked days and my ex worked nights. So he watched them at my house during the day while I was at work.

One summer day in July my ex was playing with the kids in the backyard with the hose and water balloons. It was time for lunch so they came into eat. After lunch he got the boys out of their highchairs and took the 2 year old upstairs to change him and go down for a nap. When he came downstairs (about 5 minutes) the 8 month old was no where to be found. He ended up finding him in the backyard upside down in a bucket of water. He rescusitated him and called 911. After 5 days in the hospital my DD died.

After investigation it was found that when they came in from playing outside my 4 yr DD had shut the sliding screen and the verticle blinds but not the glass door. My 8 mos old son had crawled through a hole in the screen.

Yes it was an aweful tragedy and the worst thing I have ever gone through. But I never in a million years had dreamed that my ex should be punished criminally for this. We went through many therapy sessions. Especially for my daughter because she had kept saying that she killed her brother, her knowing she didnt shut the sliding door only the screen. We explained to her that it was our responsibility to watch him and keep him safe, not hers.

My belief is that punishment by the court system is for rehabilitation or to show the person that they have consequences for their actions. My ex got real life consequences. There would have been no benefit to him or anyone else for him to be punished criminally. He has to live with this every day of his life. After seeing him go through this, I know he would have rather wanted to be thrown in solitary confinement and never be seen or heard from again.

I am one of the most conciencess people I know as far as childrens safety and I cant say that this would never have happened on my watch.

As far as providers liability, I do think that we are held to a higher standard than parents. I wouldn't want it any other way. I usually have many more safety measures in place than parents because I know all the risks involved and know what kind of mayhem children can get into. Parents niavety, for lack of a better word, is not negligence. I also think in some cases accidents that happened to providers, the providers shouldn't be prosecuted anymore than the parents should.

My feeling is that sometimes we need to take all factors into consideration and that yes accidents can happen and okay maybe you didnt have EVERY safety measure in place but in the case that Nannyde linked I dont see negligence or ill intent involved. We can't put our kids in a bubble. We are humans and we make mistakes. Sometimes natural consequences are far worse than any consequence a court system can impose on someone.

Just my take anyway for what its worth.

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