A Tulsa mother called police yesterday to report that her live-in nanny was passed out inside the home and that her three-year-old child was missing.
The mother says she became concerned when she received a phone call saying that her other children had not been picked up from school. When she arrived home, she found the garage door open and the interior garage door standing open. The mother entered the home and discovered nanny Raela Baxter, 27, passed out on a bed inside the home, lying next to a smoking pipe. She was unable to locate her 3-year-old son, but police discovered the child sleeping on the fireplace hearth.
Investigators say that Baxter used the pipe to smoke meth at some point during the day, after which she passed out. Police are not sure how long the preschooler was left unsupervised.
Tulsa police arrested the nanny on complaints of meth possession, possession of drug paraphernalia, and child neglect. She is held in the Tulsa County Jail on $50,000 bond.
Possession of methamphetamine, even as a first offense, is a serious charge. While Oklahoma voters passed SQ 780, which will make drug possession a misdemeanor on the first offense, that law will not take effect until July 2017. Currently, possession of Schedule I or II drugs (except marijuana) is a felony punishable by 2-10 years in prison. It should also be noted that the Oklahoma legislature is currently considering a couple of measures that would effectively undo parts of the law voted on by the people last November (see SB 512 and SB 256).
Child neglect, on the other hand, is an even more serious offense. According to 21 O.S. § 843.5, child neglect is a felony punishable by a maximum of life in prison.
Neglect is defined in the Oklahoma Children's Code as follows:
a. the failure or omission to provide any of the following:
(1) adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or appropriate education,
(2) medical, dental, or behavioral health care,
(3) supervision or appropriate caretakers, or
(4) special care made necessary by the physical or mental condition of the child,
b. the failure or omission to protect a child from exposure to any of the following:
(1) the use, possession, sale, or manufacture of illegal drugs,
(2) illegal activities, or
(3) sexual acts or materials that are not age- appropriate, or
c. abandonment.
Smoking meth and passing out while one is supposed to be caring for a child would be considered neglect both from the child's exposure to drug possession and use and from the denial of adequate and appropriate supervision.
Read more about Oklahoma child abuse and neglect laws.
To speak with a criminal defense attorney about your drug charges or other criminal case, call (405) 417-3842.
Image credit: DEA.gov
