Alcohol Abuse Advice

Child Neglect Laws and Punishment in California

Child Neglect Issues and Defenses

Child Neglect, defined in California in California Penal Code section 270, is a crime that can be prosecuted in California by the District Attorney or City Attorney having jurisdiction over the crime, and is usually zealously prosecuted.  However, among other defenses, the state has to prove that child neglect was willful or done intentionally. If the State cannot prove intent, then charges will most likely be dismissed or the defendant will be found not guilty at trial. If the State has problems with proving intent, then the case can be dismissed or settled for reduced charges with potentially zero jail or fines.

Other key factors to consider in these cases are whether the defendant has a prior criminal record. If the defendant has a prior record for child neglect, punishment will typically be more severe. If there is no prior record, then punishment can be greatly reduced. A sentence including probation is what happens for the vast majority of clients; with probation comes the opportunity to have community service, home arrest, or work project as opposed to actual jail time.

Child Neglect in California Defined

Under the law, California Penal Code section 270, child neglect is committed when a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child. All the State needs to prove is that your acts were willful and without lawful excuse.

For example, you could be found guilty of child neglect for intentionally leaving your child in the car while going into a store. You could also be found guilty for placing your child in a dangerous or potentially dangerous situation in or out of their home.

Child abandonment or endangerment is a misdemeanor punishable by a fine not exceeding two thousand dollars (00), or by imprisonment in the county jail not exceeding one year, or by both a fine and imprisonment together.

According to the U.S. Department of Health and Human Services and Child Welfare Information Gateway, 60% of abused children suffer from neglect. 56% of all alleged cases of child neglect are reported by teachers, doctors, nurses, social workers and other professionals, and 44% are reported by friends, neighbors and relatives. Notably, in California, most child care professionals and health practicitioners are required to report suspected instances of child neglect in a timely manner. The omission of this responsibility could result in fines, jail time and civil damages, not to mention the danger to the child itself. Child neglect can take various forms:

failure to ensure a child is wearing a seat belt and the child is later injured in a car accident failure to provide education to a child drug/alcohol related subjecting the child to extreme corporal punishment bodily harm child abuse and maltreatment exposing the child to domestic violence kidnapping stalking sexual abuse and assault neglect lack of providing food, clothing, shelter or medical care homicide

In sum, child neglect crimes are serious criminal charges. Moreover, the District Attorney and the courts are very protective of children, and will, in most cases, want actual incarceration when someone has been charged with neglecting a child. It’s to the benefit of a defense attorney to try to work with the prosecutor to reduce the fine and/or potential jail time in these types of cases if the case cannot be defended on a factual or legal basis.