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Child neglect may have grave consequences on the child as well as for the parents or guardians. Therefore, it is significant for one to understand what constitutes child neglect and how intentional or unintentional acts can be regarded as negligent when caring for a child. Below are a few questions that have been answered regarding child neglect: Q. What does one mean by child neglect?
As per the Federal Child Abuse Prevention and Treatment Act (CAPTA), the definition of child neglect is, “Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm." The CAPTA has given authority to the states to alter the statutory definition of child abuse and neglect as relevant to each state. Therefore, the definition and laws may vary from one state to the other. Failure to protect, abandonment and medical neglect are a few categories that are a part of child neglect. Q. If a 7-year-old child is left on its own for a couple of hours in Massachusetts or if a 17-year-old is left on his/her own in California; does this amount to child neglect?
Leaving a child alone for a few hours or a teenager on his/her own for a couple of days may not amount to child neglect if the basic needs like food, water, shelter, clothing, etc. are attended to. However, not providing these facilities, when leaving the child alone, could be considered as child neglect. If the child injures himself/herself during this period or if a complaint has been filed with the Child protection services (CPS), the CPS may want to investigate it. There is no guideline regarding a child being left unattended in the Massachusetts state law, but laws may vary from one state to the other. Q. The person against whom a case of child neglect has been filed has relocated to another state. Is it illegal to continue the investigation?
Child protection agencies have the obligation of investigating all complaints regarding child neglect and/or abuse. They are required to continue the investigation though the person against whom a complaint has been filed has relocated to another state. The deciding factor is the state in which the child stays or the location of the suspected abuse. Each complaint (genuine or otherwise) must be investigated by CPS. Therefore, it is not illegal to investigate the complaint in the above scenario. In the event that one has proof that a bogus complaint was purposely filed, then a defamation or invasion of privacy case may be filed in court. One should cooperate with the investing agency to ensure that the investigation is completed. Q. If a person continues to live in a house without power for a month while receiving child support, does this amount to child neglect?
Child support is paid to ensure that the fundamental requirements of the child (like heat, house/shelter and food) are provided. In the event that there is no power, the fundamental requirements like food and heating would be hampered. Therefore, this may amount to child neglect. Q If a child is left unsupervised in a car, does this amount to child neglect? If one does not have a previously known criminal record, is there a requirement that a lawyer represent the case in court?
A scenario such as the above may be termed as abandonment or exposure of a child to possible hazardous situation amounting to child neglect. It may not be required that a lawyer represent one at court as they are generally lax towards first-time offenders. However, it would be wise to hire the services of a criminal lawyer to put forth a valid defense and try to lessen the penalties in the court proceedings. Q If the child is in the presence of a criminal, does it amount to child neglect or child endangerment? Would the custody of the child change in such a scenario?
The present behavioral pattern of the criminal may amount to child endangerment or neglect, but just the presence of a criminal does not amount to it. The present behavioral pattern may include consumption of controlled substances, unresolved/untreated psychological issues (like depression, bi-polar disorder), or domestic violence. This may expose the child to physical or psychological damages, which may be reason enough to call for a change in child custody. It may be required that an alteration is made to child custody in the best interest of the child, if there is regular contact with this person. Caring for a child is a tough task. One may unintentionally or out of ignorance do certain things that may be termed as child neglect. If one is able to understand the finer details of child care, then he/she may be able to stay clear of any trouble. The ultimate goal is to provide the best possible environment for the child’s upbringing. You may ask family lawyers if you have any questions about child neglect.
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