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Forced Evacuation of Minors
I posed this question to my Chief earlier today and he told me that he would have to get back to me with an answer.... So I figured I would bring it here.
Lets say you roll up on scene to a natural gas leak (somebody didnt call before they dug,) As a safety precaution, you advise all homeowners in the area that they should evacuate until it is declared safe. But what happens if you go to a house where younger children or teenagers are home alone? Are we then responsible for their safety if they choose not to evacuate? Could we face charges if something were to happen to them as a result from staying in the house? Can we force the minors to evacuate the premises? Is that what we should do?
How would you handle this? Are there any laws giving info. about it? I cant find any!!!
Thanks,
Dustin
Lets say you roll up on scene to a natural gas leak (somebody didnt call before they dug,) As a safety precaution, you advise all homeowners in the area that they should evacuate until it is declared safe. But what happens if you go to a house where younger children or teenagers are home alone? Are we then responsible for their safety if they choose not to evacuate? Could we face charges if something were to happen to them as a result from staying in the house? Can we force the minors to evacuate the premises? Is that what we should do?
How would you handle this? Are there any laws giving info. about it? I cant find any!!!
Thanks,
Dustin
Replies to This Discussion
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Permalink Reply by Derek R. on
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Good question. Only thing I can think of right now is to relocate them to a common area such as a community center or stadium until the situation is clear and have someone make sure who is accounted for. For those under the legal age, parents or guardians should be notified ASAP. I would imagine that someone would babysit them until the parents arrived. I would think that if you had an IDLH situation, we should be able to force anyone out of the area. I'm just throwing this out there. I really don't know. And I just realised that my reply sounds like a tossed salad. But, good question. Keeping an eye on this one.
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Permalink Reply by Dustin J. Millis on
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hahaha... thanx for the response
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Permalink Reply by Chief Dino on
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I think that this is a good time to put that wonderful relationship we've established with our brothers in law enforcement to good use. I would request leo assistance on the scene, and that may be the best call anyway depending on the local laws in your area and the ages of the minors, laws may have been broken by leaving the children alone and the police are equipped to evaluate and handle the situation. TCSS
Shawn
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Permalink Reply by Greenman on
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If there is immediate danger to life and health of the minors, then yes Firefighters can and must evacuate the minors. They do not have the legal standing to refuse evacuation, just as they can neither refuse, nor consent to medical treatment.
As Chief Dino said, use the Law Enforcement Officers who will undoubtedly be there as well to take custody of the minors until a parent or guardian can be contacted.
Greenman
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Permalink Reply by John Crabbe on
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But what happens if you go to a house where younger children or teenagers are home alone? Are we then responsible for their safety if they choose not to evacuate?
As mentioned, they don't have a choice if this is an evacuation, especially if the area is considered IDLH.
Could we face charges if something were to happen to them as a result from staying in the house? Can we force the minors to evacuate the premises? Is that what we should do?
Same as the above answer.
How would you handle this?
The same approach as a fire incident in an apartment complex, evacuate the people. If the person watching younger children is a minor, then they are also still watching the kids during the evacuation. You don't leave minors in a burning apartment complex just because they are minors, they evacuate like everyone else. In some cases though, just like a fire, temporary shelter should be established, be it a school, public building, city buses, whatever. In such events, the media is also there and can inform parents where to locate kids etc.
In reality it isn't our responsibilty to worry about evacuating kids. It would be a greater responsibilty to allow them to stay. If minors are left alone, then the parents probably feel comfortable enough that they can take care of themselves or the minor in charge, otherwise if the parent is a piece of dirt, then such issues can be brought to light and the issue is addressed that way.
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Permalink Reply by Tony P on
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Ah, it's so nice to live in a simple place! Easy fix for us, OiC speaks to the nearest police officer and says "I think that the area should be evacuated". Job done, it's a police matter.
No police onscene yet? Anybody out of a building would be politely moved away, people usually listen to us. People inisde (that we may see watching through windows) would be advised to move out of the area, or at least close all windows and stay inside. On arrival situation would be explained to the police, and buildings we may know are still occupied pointed out. It would be a police job to check all buildings.
Children outside, unable to immediately contact a parent/guardian? Same sort of thing, and get police to look after them as soon as possible.
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Permalink Reply by FETC on
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Dustin,
Maybe I am missing the logic of your question. So hear me out... you determine that we need to evacuate the area until it is declared safe. So what was the question again? Oh thats right do we only evacuate the adults?
Hmmmmm.... next question please
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ohhhh.... Now it all makes sense!!! Thanks smartass!
Maybe you should re-read the question because I was asking if we would be held legally responsible if something were to happen to a child who did not want to leave the building and/or are we allowed to force that child to evacuate?
Don't answer the question next time if you want to be a dick about it!
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Permalink Reply by Joe Stoltz on
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Absolutely we can force minors, or anyone for that matter, to evacuate if we believe their safety is in peril.
If LE is on scene, and it is safe for them to do so, let them do it. If not, I would advise dispatch of what actions we are taking, and why, and for them to notify incoming LE of the situation, then get 'er done.
I have used this tactic - notifying LE via dispatch - prior to forcing entry into a residence on an EMS call for a person down. Technically we should get the blessing of LE before we do so, but when they aren't there yet and time of the essence, what has to be done gets done.
Sometimes it's easier to ask for forgiveness, rather than ask for permission. But life safety is job 1.
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In a lot of cases adults have to right to refuse to evacuate, even during mandatory evacuations, and all you can do at that point is advise them that once you leave they are on their own and rescuers will not be dispatched back to help them if they change their mind later. This happens quite a bit out west when wildfires start rolling through the hills and idiots think they can "save their home" with a garden hose and a swimming pool.
Not even LE can force those citizens to leave, as long as they are legally capable of declining treatment and rescue. Obviously anyone legally incapable of making that decision can be forced to evacuate, that would include children, the unconscious and mentally challenged adults (refusing to leaving in the face of 50 ft flames doesn't count as "mentally challenged" unfortunately).
Greenman
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Permalink Reply by Davin Eshelman on
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My best answer is to put them at the staging area. Then have somebody (whoever is at the staging area) keep an eye on them
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Dont be an ass yourself. Pretty straight forward, "Why would you leave a minor in the hazard zone????" I could care less if they refused to leave. They are minors, which they can't legally make a decision for themselves.
That is a huge liability on behalf of you. Call the police department and force the minors to leave the declared hazard zone or NOT your call.
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