The case of the baby who fell out of a car on a busy intersection has sparked controversy and questions.
Any parent driving with a small child in the back seat has asked themselves: Is the car seat tight enough? Is it too tight? Is the child crying because of the car seat, because they are hungry, or for some other reason?
For parents worried about car seat safety, an incident involving a baby in Fullerton, California, is the stuff of nightmares. It was so serious that it may result in criminal charges against the mother. This article explains the case and how something as simple as not properly securing a child in a car seat can lead to criminal prosecution.
What Happened?
The 19-month-old child fell out of a moving SUV on January 20 in Fullerton, California. A dashcam video captured the horrifying scene at the busy intersection and shows how the toddler falls out of the moving car as the SUV makes a left turn, exiting through the front passenger door.
Perhaps the most shocking part of the video, apart from the fall onto the roadway itself, is that once on the pavement, the child is nearly run over by another vehicle. The car behind stops a split second before running over the child, and then the mother is seen getting out of the SUV, picking up her child, returning to the vehicle with the child through the driver’s side door, and driving away.
There are no official details about why the passenger side door opened, whether it was accidental, the child manipulated it, or it was due to negligence in closing or locking the doors.
The woman who says she recorded the video, Natalie Quintanilla, shared it with the Fullerton Police Department and said she reported the incident because of her “mother’s instinct.” Any person can file a report for child abuse, even if they are not legally required to do so as a mandated reporter, such as a doctor, teacher, government agent, or other professional.
Fortunately, the child did not suffer serious injuries and was discharged after being treated at the hospital. The toddler made a full recovery.
The child’s mother was identified as 35-year-old Jacqueline Marie Hernandez and was arrested and booked into the Fullerton jail.
Possible Charges Against the Mother
The case is being investigated as felony child abuse for negligently endangering a minor and is under review by the Orange County District Attorney’s Office.
In the United States, child abuse is defined as any type of cruelty inflicted on a child and includes psychological abuse, physical harm, sexual abuse, abandonment, and sexual exploitation. A person accused of child abuse may face a range of possible penalties and sanctions depending on several factors, including:
- The law of the state where the abuse occurred
- The age of the child
- The offender’s criminal record
- Whether the offense involved sexual abuse
- Whether the child suffered physical harm or emotional abuse
Specifically, in this case, California law (California Penal Code section 273a) states:
“Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts unjustifiable physical pain or mental suffering on a child, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail for a period not exceeding one year, or in a state prison for two, four, or six years.”
As of this writing, Hernandez has been released on bail of 100,000 dollars, and the case is still ongoing.
The Orange County District Attorney’s Office is reviewing the case to decide whether to file formal charges. According to the latest available reports, no official charges have yet been filed; there has only been an arrest on suspicion of felony child abuse.
In cases like this, prosecutors typically evaluate evidence such as the video, witness statements, the child’s medical report, and the mother's criminal record. If extreme negligence is confirmed because the child was unrestrained in the front seat, it is very likely that formal charges will be filed.
“Lock Her Up and Take Away Custody”
The video of the incident has gone viral on social media and sparked a large number of comments, making it important to clarify several points.
Many people criticized the mother’s release on bail and argued that she “should be locked up” for what she did. Being released on bail does not mean she will not have to serve time in prison if she is ultimately found guilty; it simply means she may remain free while awaiting trial.
Generally, a judge uses a bail schedule to determine the appropriate amount of bail required. This schedule may be influenced by factors such as the suspect’s criminal record and history, the seriousness of the offense, and the suspect’s ties to family, the community, and employment. The main factor the judge will consider is the seriousness of the crime.
When analyzing ties to the community, employment, and family, the judge is evaluating the defendant’s flight risk. The judge must ensure that the bail amount is high enough to deter the person from fleeing, but also sufficient to motivate them to appear in court to recover the money.
Another frequent comment from viewers was: “They should take custody away from the mother.”
On this point, it is important to know that if a child has experienced abuse by a parent, the court can order that the child be removed from that parent’s care. For a crime to result in the loss of custody, the facts must convince the court that it is in the child’s best interest for that parent not to have custody.
If she receives a prison sentence, the mother will clearly lose physical custody of the child, who would then be placed with the other parent, a guardian, or a foster parent. The incarcerated parent could still retain visitation rights.
If she goes to prison, once she is released, the process she must follow to regain custody of her child will depend on the child’s best interests. This could include any prior court order on custody, the attitude of the person currently caring for the child, the strength of her relationship with the child, and the mother’s circumstances upon release.
Likewise, if charges are filed against Hernandez and the case is resolved with probation (that is, she does not go to prison), the following scenarios could occur under California law:
- Probation could last a minimum of four years.
- A restraining or protective order could be issued for the child.
- She could be required to attend batterer or abuse‑treatment programs, pay fees, and report on her progress.
- She could be required to undergo substance‑abuse treatment if alcohol or drugs are found to have been involved.
- The judge could decide to remove some of these conditions if deemed necessary to achieve justice.
The decision is not as simple as “taking custody away from the mother,” as many viewers of the video suggested. The judge will have to evaluate all the circumstances of the case, the mother’s situation, and what best complies with the law while protecting the child’s best interests.
Related Resources
- How Do I Find My Mugshot? (FindLaw's Law and Daily Life)
- When Does a Coroner or Medical Examiner Get Involved? (FindLaw's Law and Daily Life)
- More States Are Requiring Hairdressers to Learn How to Spot Domestic Abuse (FindLaw's Law and Daily Life)
