Florida mom leaving 4 kids home alone was ‘classic neglect’ — but state laws are a ‘recipe for disaster’: legal experts
The Florida mom who allegedly “abandoned” her four kids at home for a five-day Las Vegas excursion faces up to 20 years behind bars and potentially even more legal consequences — even though there are no hard and fast laws in the Sunshine State for leaving kids unsupervised, experts say.
Irene Miller, 50, was slapped with four counts of third-degree felony child endangerment without bodily harm after her unattended kids — aged 9, 11, 12, and 14 — called 911 when the youngest was injured by a dumbbell in their Kissimmee home last week, according to the Osceola County Sheriff’s Office.
The photographer mom, who was working across the country at the time, later told deputies that a babysitter checked in on the kids before and after school every day she was away.
Although Florida law does not specify the age in which a child can be left alone, a Miami-based family lawyer told The Post that Miller’s decision was a “recipe for disaster.”
“You obviously can’t be leaving four young children alone for hours and overnight for days on end … that is classis neglect,” Evan Marks said.
“Those children were definitely abandoned … and the state has an interest in making sure that those kinds of circumstances do not happen — because they’re a recipe for disaster,” he added.
The charges against Miller — she was arrested on Friday — technically arise from a Florida statute that “stems from a caregiver’s willful failure or omission to provide necessary care, supervision, food, shelter, or medical services, or failure to protect a child from harm,” family lawyer John Lambros said.
Federal guidelines, meanwhile, say kids should not be left alone under the age of 12 — and children under 15 should not be left to supervise younger siblings.
Not only does each count against her carry a maximum sentence of five years in prison, the state Department of Children and Families will “undoubtedly” do a deep dive into the overall “welfare of the children,” added Lambros, who practices law in Florida, New York and Massachusetts.
The case will also “greatly impact” the mom’s fresh bid for a divorce from her allegedly abusive husband and the children’s father, Mark Miller, according to Lambros and court documents reviewed by The Post.
The amount of time she’ll be allowed to spend with her kids and her level of parental responsibility could become “suspended, supervised or progressively developed,” he said.
But her husband’s record isn’t exactly squeaky clean either.
Mark Miller, 53, was charged with criminal battery and hit with a restraining order after he allegedly smacked his wife’s phone out of her hand during a heated discussion outside of the kids’ school in August, according to a police report.
Though the restraining order stated that a court hearing was necessary to determine whether he would be allowed to have contact with the kids, the father agreed to take them home Friday – while their mother was booked into Orange County Jail after returning to Florida, cops said.
The case has since sparked a fierce debate about parenthood, and at what age children can reasonably be allowed to look after themselves.
“I feel like I’m a pretty helicopterY [sic] parent, yet I don’t see a problem with this,” one Facebook user wrote in the comments section of a post about the case Tuesday.
“The children had an adult check they got TO school, and HOME from school…I have a 14 year old that I trust 100% to fly solo and also be a voice of reason to her brothers. They have phones to call for help,” she continued. “I wouldn’t call it neglectful or dangerous.”
Another commenter agreed: “I don’t get this. … Many 14 yr olds [sic] are very mature.
“As for the accident with the dumbbell, that could happen even with the parents are home [sic]! And it appears that the one juvenile did the absolute best thing when the sibling was injured … by calling 911,” they wrote.
Meanwhile, others have ripped Irene Miller for being negligent – and even heartless.
“As a mom of two boys, I can’t imagine boarding a plane without knowing my kids were safe and cared for. If this is true, those four children deserve so much better. Praying they’re in good hands now,” one woman wrote on X.
Irene Miller was released from jail on $4,000 surety bond Saturday. Her next court date was not immediately clear.