The Law Blog of Oklahoma

OKC Babysitter Accused of Kidnapping Infant

Friday, September 9, 2016

Almost every one of us has seen someone else do something and thought, "I could do that better." Whether a colleague at work has a lackluster presentation,the coach of our favorite team flubs a call, a friend demonstrates an inferior home improvement project, or a parent seems to have no control overhis or her children, there is someone sitting back thinking, "If I were in charge of that, things would be different."

But in these situations, there is usually a protocol to follow. You offer assistance; you take care of your own business and don't worry about someoneelse's; you let it go; or you go to someone in authority and seek a change.

One Oklahoma woman is in legal trouble after she looked at a friend's parenting and decided she could do better. Not because she judged the woman's parentingstyle, but because in deciding that she could do better, she took the child.

Earlier this week, a woman called Oklahoma City police to report that a woman who had been helping her take care of her infant took the child from thehome without permission.

Monica Juarez told police that Betsy Fernandez had been at her home helping her watch her infant daughter. Juarez said that she stepped into the yard fora minute, and when she returned to the house, she discovered that Fernandez had left with her baby.

Police found Fernandez and the baby three hours later at an Oklahoma City school. When police talked to Fernandez about why she had taken the child, sheallegedly told them that the child would be better off with her, and that the baby should not live with Juarez, calling the other woman's home a "drug house."

Regardless of her motive, kidnapping is a felony in Oklahoma, and Fernandez, 40, was arrested and booked into the Oklahoma County Jail on a child stealingcomplaint.

Oklahoma's child stealing statute, found in 21 O.S. 891, reads inpart as follows: "Whoever maliciously, forcibly or fraudulently takes or entices away any child under the age of sixteen (16) years, with intent todetain or conceal such child from its parent, guardian or other person having the lawful charge of such child or to transport such child from the jurisdictionof this state or the United States without the consent of the person having lawful charge of such child shall, upon conviction, be guilty of a felonypunishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years."

Whether or not Fernandez's allegations against Juarez are true, the proper procedure is not to take the child away from her mother, but to notify policeor DHS if there are suspicions of drug-involvement at the child's home or in the presence of the child. Taking a child without permission is not likelyto bring good things your way.

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