Recognizing the importance of the research and efforts to protect children from being endangered by impaired drivers, the National Highway Traffic Safety Administration (NHTSA) partnered with MADD to convene a present-day panel of experts. Their job was to identify the problem and status of child endangerment in the United States as it applies to impaired driving and to examine if enhancing penalties has been effective and if they are still appropriate for future support. A second Child Endangerment Expert Panel was convened three times in 2017 to assess progress and recommend revised solutions based on the current status of statutes, a changing culture and existing efforts to address the problem. The panel offered specific knowledge and expertise and helped to identify possible solutions. Issues related to child endangerment were examined: • Legislative • Law Enforcement • Judicial/Prosecutorial • Child Protective Service Agencies • Public Awareness • Victim Perspectives This report reflects the results of the 2017 Child Endangerment Expert Panel and is an update to the 2004 Child Endangerment Report, Every Child Deserves a Designated Driver. While some considerations are consistent with the original report, this report provides an updated review of the issue and includes revised recommendations that Despite drunk driving being a violent crime, driving while impaired with children in the vehicle is still not a commonly acknowledged form of child endangerment or child abuse. No one should be forced to ride with an impaired driver. However, minor children have little or no choice when the driver is a parent or other adult caregiver. According to NHTSA stats, riding with a drunk caregiver accounts for the majority of drunk driving fatalities among children. 5 The goal of child endangerment laws is to protect innocent children from child abusers, not only those who are physically or emotionally abusive, but those who victimize a child by making the choice to drive impaired. Black’s Law Dictionary defines child abuse or neglect as the following: “When a child’s parent or custodian, by reason of cruelty, mental capacity, immorality or depravity, is unfit to properly care for him or her, neglects or refuses to provide necessary physical, affectional, medical, surgical or institutional care for him or her, or is under such improper care or control as to endanger his or her morals or health.” Child endangerment as it pertains to impaired driving falls into the above legal definition of child abuse when a parent or caregiver knowingly puts a child in the car after drinking alcohol with the intention to drive. This choice falls under the “improper care … as to endanger his or her morals or health.” This scenario, however, is rarely, if ever, charged as child abuse. address the current state of child endangerment by impaired drivers. Child Endangerment as a Crime
Child Abuse/Neglect When a child’s parent or custodian, by reason of cruelty, mental capacity, immorality or depravity, is unfit to properly care for him or her, neglects or refuses to provide necessary physical, affectional, medical, surgical or institutional care for him or her, or is under such improper care or control as to endanger his or her morals or health
5 Traffic Facts Sheet 2016 Data: Children, National Highway Traffic Safety Administration
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