¶1concurring.
¶2The law as enunciated in Bean v. State (1984) Ind., 460 N.E.2d 936, and subsequent cases separates the victim’s status as a dependent of someone from the neglect perpetrated by a third person.
¶3The traditional analysis of neglect and dependency focused upon the parent-child, child-parent relationship, or at a minimum upon a loco parentis relationship, e.g., a guardian. See Dirk William de Roos Dependency and Neglect: Indiana’s Definitional Confusion 45 Ind.L.J. 606 (1970). It did not embrace temporary custodians such as babysitters.
¶4In any event, it seems that the law would be better served by criminalizing the conduct of persons who neglect children and disabled or elderly persons placed in their care. To couch the crime in terms of dependency implies criminal conduct on the part of the person upon whom the victim is truly dependent, i.e., parent or guardian. As presently construed a person totally unaware of the status of the victim as a dependent of someone may be adjudged guilty. Conversely, one who mistreats an unfortunate who is not a legal dependent of a parent, child or guardian may not be held answerable for neglect. The definitional dilemma might be solved by elimination of the concept of dependency from the neglect statute. See de Roos, supra at 614. Instead the focus should remain upon a responsibility owed to the victim, whether imposed by law or voluntarily assumed.
¶5. Cases following this rationale digress from the concept of dependency and focus upon voluntarily assumed responsibility for the care of the "dependent”. Dowler v. State (1989) Ind., 547 N.E.2d 1069 (baby-sitter); State v. Springer (1992) 3d Dist.Ind.App., 585 N.E.2d 27 (administrator of health care provider); Shoup v. State (1991) 2d Dist.Ind.App., 570 N.E.2d 1298 (stepfather); Hill v. State (1989) 2d Dist.Ind.App., 535 N.E.2d 153 (baby-sitter).