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Grandma Pushes For Negligent Homicide Law

802 views · Published 8 February 2008 · 2:20 · Indexed 20 September 2026

Channel: KMBC 9 · 2008 · News & Politics

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A baby girl died after she was scalded with boiling water, and now the child's grandmother is working to create a new state law in Kansas.

KMBC's Chris Nagus reported that grandmother Karen Dwyer is facing some tough opposition.

The Kansas District Attorney's Association doesn't think the law is necessary, but Dwyer is pushing lawmakers to add negligent homicide to the books. She wants to call it Janis' Law.

Janis Joelle never made it to her first birthday -- she died in 2006. Dwyer said Janis' baby sitter dropped boiling water on the baby and failed to get quick medical care.

"My granddaughter was scalded over 75 percent of her body," Dwyer said. "After he scalded her, he left her in her crib, did nothing for her. He went two doors down to call for help, but that was an hour and 38 minutes after he burned her."

For nearly two years, Dwyer has told anyone who will listen about the circumstances behind Janis' death.

Wednesday, Dwyer took the story to Topeka. She wants prosecutors to have the option of negligent homicide, but prosecutors don't seem to like the idea.

"One huge problem with it is it creates a duty for everyone in the jurisdiction of Kansas to rescue," said Edmond Brancart with the Kansas District Attorney's Association.

Brancart said the proposed law is too vague and that Kansas already has laws pertaining to child abuse.

In Janis' case, nobody was ever charged.

"I just don't understand how he can't be held accountable," Dwyer said.

Her bill is under review by lawmakers. She said even if it never becomes law, she hopes Janis' story will force others to act when a child is injured.

"If he would have had the accident and rushed her to the hospital 7 miles down the road we wouldn't be here today," Dwyer said.

Lawmakers in Topeka asked questions Wednesday about why current laws weren't utilized to bring charges against the baby sitter.

Janis' case is under review by the state's attorney general's office.

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