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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 Joe Stoltz on
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Duh - right you are; forgot about the idiots.
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Permalink Reply by Ron Ayotte on
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Dustin... A bit sensitive, aren't you?
I have had to evacuate buildings diue to gs leaks, fires, etc.
I have run into the stubborn type before.
I give them two choices.
Option 1: They can leave voluntarily.
Option 2: They can leave wearing a lovely pair of chrome plated bracelets, get a ride in a police cruiser and get to spend some time in a lovely room with a toilet, bed and video surveillance..
Option 2 has only been taken once in my 29 years on the job.
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Permalink Reply by Dustin J. Millis on
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ok, was that so hard? I asked the question if they could be forced to evacuate and you answered it. I didn't know we could force them, minors or not. Maybe a stupid question so I guess I just wont ask it next time
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Permalink Reply by Beverly on
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In this age of sue happiness this is not a stupid question!
Yes, the first choice should be to utilize law enforcement, they carry more "weight" than firefighters or
EMS personnel...but life isn't always ideal therefore:
As always providing due diligence is the key. Do not leave minors unattended, assign someone from the
department (even if they roll their eyes and cuss you out) to supervise the group, employ span of control (ICS works for kids also) you may need more than one adult! Keep in mind that frightened teenages tend to act defensively (since it isn't cool to be frightened), distract them, give them an assignment ( watching out for little kids). Form a "staging area" for them to remain in, making it easier for their parent/guardians to find them. Don't let them leave with anyone other than a parent or guardian, might even be a good idea to ask for ID before you release them (these days you never know what weirdo will take advantage of an opportunity).
Turn them over to law enforcement as soon as possible.
Of course there is always pre-planning. How about making a section of your SOG/SOP about what to do with minors, there is always less of an issue if you have a written policy.
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Permalink Reply by John Crabbe on
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Do not leave minors unattended, assign someone from the
department (even if they roll their eyes and cuss you out) to supervise the group
I disagree. We are there to mitigate an emergency, not provide a babysitting service. As it is if the minors are left alone, why does this become an issue for the firefighters? After all the adult parents must either trust them enough to be left alone (or in the care of a teen) or the parent is a parent who could care less about their kids being left alone.
Either way it is more of a liability to leave the kids in place than to evacuate. Logistics like calling for a city bus or have displaced people put somewhere like a school, mall, etc can be used, but the fire dept does not have to provide a babysitting service. Same thing with an apartment complex on fire, you get the people out and chances most likely are you don't have enough firefighters to send babysitting.
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Permalink Reply by Greenman on
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I concur with this, the Fire Department is not the appropriate agency to "babysit" the minors.
The minors in this hypothetical situation could be anything from a 15-year-old High Sophomore, to an eleven-year-old babysitting her 6-year-old kid brother for an hour. Either way they cannot refuse to leave and through implied consent (due to the life-threatening emergency) we (the Emergency response folks) have the authority to remove them to safety. Once safely out of harm's way, they become the LEO's responsibility. The Cops may let a neighbor take temporary custody if that is appropriate, or they may call Child Services if that is appropriate (Say the 11-year-old has been watching her kid brother for a week). Or, inthe case of an older teen (15-17) may not worry about them at all as long as they are safely out. In any case it's the Police personnel who make that call, not the Fire Department.
The Fire Department's charter calls for us to do only a couple of things at an emergency: Save Lives and property by suppressing fire, effecting rescue, mitigating damage, and stabilizing the situation.
Greenman
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Permalink Reply by Brian Dumser on
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Dustin,
If you have minors that won't listen to an evacuation order, that's what we have cops for. Pass it on to law enforcement and let them handle it. Stay safe!
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