Bad Moms? Georgia Mother Arrested for Letting Son Walk Alone

This article has been updated to include new information provided by David Delugas, Executive Director of ParentUSA, who is representing Brittany Patterson.

Brittany Patterson was arrested last month after her 10-year-old son walked by himself to a nearby store.

Are you shocked and think this may be government overreach? You’re not alone, especially if you’re a parent. Patterson’s case is becoming a national debate about parental rights. An American nonprofit dedicated to protecting the rights of parents, ParentsUSA, is now involved. The organization's founding attorney, David Delugas, is representing Patterson. Let’s look at what happened and explain how states use reckless conduct laws to prosecute parents.

An Unexpected Arrest

Patterson and her family live in Mineral Bluff, a small town with an approximate population of 370. Patterson’s house is on 12 acres. Her father lives with her, and her mother and two adult sisters reside on the property but in separate homes. Patterson’s husband works out of state but regularly returns home and speaks to the family daily. The family appears to favor what some call a "free-range parenting" lifestyle. According to Delugas, Patterson and her husband do not use the term themselves, but are instead focused on raising their children to be responsible and independent thinkers.

On October 30th, Patterson was at a doctor’s appointment with her son Hunter when her 10-year-old son, Soren, walked alone to a nearby Dollar General store. The store is less than a mile from their home, and Soren has walked there by himself before. According to Delugas, when Patterson left the house, she had just seen Soren and wasn't concerned, believing he was either in his room with headphones on or out in the woods behind their home. Soren's grandfather was home, as well. According to Delugas, Patterson also believed that her child was responsible and old enough to be home alone. Georgia law does not set a threshold age for a child to be home alone. Some states do. Illinois has the highest age threshold to be left home alone, at 14, while Kansas has the youngest, at 6.

A witness saw Soren walking alone and called in a report to the Fannin County Sheriff’s Office. Delugas has provided FindLaw with more details. He says the witness who saw Soren walking alone asked him if he was alright and he responded that he was. She also asked if needed any help and he responded that he didn’t. When she continued to try to talk with him, Soren decided he should move away from her car and did. Law enforcement picked Soren up, questioned him, called Patterson, and then dropped Soren off at home leaving him alone with his grandfather. A couple of hours later, the deputy sheriff returned with another officer to arrest Patterson. The sheriff’s deputies told Patterson she was being charged with “reckless endangerment.” Bodycam footage shows Patterson asking how she recklessly endangered her child and told officers, “Last time I checked, it wasn’t illegal for a kid to walk to the store.” One officer replied, “It is when they’re 10.”

Patterson was handcuffed in front of her children and taken to the Fannin County jail. She was booked, had her mugshot taken, and was forced to change into an orange jail jumpsuit. Delugas says Patterson was also required to undergo a body scan. She had to pay $500 to post bail.

A Bad Parenting Law

The officers told Patterson she was being charged with reckless endangerment: this was wrong. According to the arrest warrant, she was actually charged with reckless conduct. The warrant states she "willingly and knowingly did endanger the bodily safety of her juvenile son."

In Georgia, reckless conduct is typically classified as a misdemeanor. To find Patterson guilty, the prosecution must show that Patterson’s parenting in this instance was very different from how a reasonable person would have behaved in the same situation. They must establish that a reasonable person would not have left the house without knowing where their 10-year-old child was. The prosecution must prove Patterson:

• Consciously disregarded a substantial and unjustifiable risk
• Placed her son in danger of bodily harm
• Acted in a way that grossly deviated from what a reasonable person would do in the same situation

Reckless conduct is a general intent crime. This means prosecutors don’t have to prove that Patterson intended to allow her son to walk alone to the store. They need to prove her actions did not meet the standard of care required of someone parenting a 10-year-old child.

What’s Next for This Mom?

Patterson is currently out on bail. Because of the charges, the Division of Family and Children Services assigned a case manager to investigate Patterson. The case manager visited the family’s home and interviewed Patterson’s children and relatives. According to Delugas, the assistant district attorney suggested the charges might be dismissed if she agrees to a safety plan. The plan requires Patterson to choose a safety person to act as a guardian for the children when she isn’t home and install a tracking app on her son’s phone.

Delugas says Patterson has so far declined to sign the safety plan, arguing that nothing in it makes Soren and her other children safer. She says she will defend the criminal charge against her. If Patterson’s case goes to trial, several factors can be presented to determine whether she should have known her actions were reckless and endangered her child.

Delugas has suggested he will fight the charges at every step, telling FindLaw that “[o]n Halloween Evening, the day after Patterson’s arrest, children of all ages, some accompanied by parents and some not, were out and about in the DARK knocking on the doors of strangers and neighbors and, by all accounts, no parents were arrested in Mineral Bluff or Fannin County, Georgia.”

Basically, the case comes down to whether Patterson should have known that by not confirming Soren’s whereabouts before she left, she placed him in danger. If she’s convicted, she could pay a $1000 fine and serve one year of jail time.

If you or someone you know is facing criminal charges because of parenting, use our attorney directory to find a qualified lawyer in your area.

Related Resources:

• Parental Criminal Liability (FindLaw's Learn About The Law)
• Parenting Legal Tips (FindLaw's Learn About The Law)
• Can Kids Travel Alone? (FindLaw for Teens)