Appears that Mom asked dad STAINER KAPWICH to babysit their 2-year-old son. So like any conscientious papa, he quickly got snockered. Next thing you know, the little boy is outside in the middle of the night, crying in the rain. Nice going, dad.
http://www.guampdn.com/article/20110203/NEWS01/102030306
Man arrested in child abuse: Toddler found wandering in HarmonBy Laura Matthews • Pacific Daily News • February 3, 2011
Police arrested a 28-year-old man yesterday on suspicion of child abuse and family violence after his 2-year-old son was found wandering in the rain in the middle of the night.
Stainer Kapwich is now booked and confined, according a press release from the Guam Police Department.
Police yesterday said they responded to a lost child complaint at a residence behind Hanna Market along Route 16 in Harmon.
According to the press release, it was reported that the 2-year-old's mother left him with his biological father at around 5 p.m. on Tuesday. The father allegedly drank alcohol and fell asleep at around 11 p.m.
But around 1 a.m. yesterday, a male passerby saw the boy standing in the rain crying at the intersection of Taitano Road and Charles Street in Harmon. The passerby picked up the boy and brought him to his home where his wife cleaned the boy up and put him in dry clothing, the release stated.
Police spokesman Officer A.J. Balajadia yesterday said the boy was returned to his parents.
"She had to go to work, so her and her husband and son went to the place in Harmon where she gets a ride to work," Balajadia said. "When she came back, the child wasn't around and we got called. The father was asking people for the kid. The passerby didn't live too far from the residence."
Kapwich could be brought before the court today.
According to Guam law, any person who intentionally committed family violence is guilty of a misdemeanor or of a third-degree felony. In determining whether any felony charge should be reduced to misdemeanor, the court will consider several factors.
Some of those factors include the extent or seriousness of the victim's injuries; the defendant's history of violence against the same victim whether charged or uncharged; the involvement of alcohol or other substance; and the defendant's history of substance abuse as reflected in the defendant's criminal history and other sources.
As for child abuse cases, depending on the investigation and evaluation done, a contract could be drafted between the agencies involved to protect the child in his or her home or provide the services necessary for adequate care of the child if he or she is placed in protective custody or temporary foster custody, according to the laws.
Lydia Tenorio , administrator for Child Protective Services, said when police are the first responders to such incidents, they normally contact child services. However, she said that's dependent on circumstances.
Tenorio said her agency would then assess the situation to include the safety of the child and medical needs.
Tenorio added that her agency didn't get a call from the police, but will be following up on the case.
"If there was a question of care (police) would have immediately called us on the scene," Tenorio said.