Can You Press Charges for Child Endangerment?

Children are uniquely vulnerable in society. They depend on adults for food, clothing, shelter, and nurture. States recognize this and have laws to prevent child endangerment and child abuse. When individuals see children mistreated, intentionally or unintentionally, they often want to intervene somehow.

Who can press charges for child endangerment? What are the child endangerment laws in your state? Keep reading to learn your rights and duties to protect children's well-being and safety.

What Is Child Endangerment?

Child endangerment is a less well-defined term than child abuse. Child abuse contains elements of child endangerment, but abuse often includes a requirement for a "traumatic or cruel" condition. Each state has different definitions for the offense, but in general, child endangerment consists of:

• Placing a child in a situation where they may be harmed
• Leaving a child unattended
• Exposing the child to substance abuse or hazardous chemicals
• Giving a child unsupervised access to dangerous weapons

Any caregiver can endanger a child. Family members, teachers, and others with legal oversight of the child can put a child in a dangerous situation. For example, a teacher might leave a classroom for half an hour with an open door to the street. This puts the children at risk of physical harm.

In a child endangerment case, no actual harm needs to occur for the caregiver to break the law. Child endangerment laws do not require physical injury, only the possibility of harm.

Child Abuse

In most states, child abuse requires harm beyond the possibility of injury. The law may not require physical injury, but state laws on child abuse recognize that abuse involves the intentional infliction of harm. Abuse may consist of:

• Physical abuse or injuries
• Sexual abuse, including trafficking, pornography, or prostitution
• Emotional abuse, such as threats, verbal abuse, or mistreatment of pets or toys
• Abandonment

States that allow corporal punishment have limits on the amount and degree of conduct, such as who may administer punishment.

Child Neglect

Child neglect is a type of endangerment and abuse that can lead to the immediate removal of the child from the parents.

The U.S. Department of Health and Human Services defines child neglect as "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."

Since children depend on their parents for food, clothing, and shelter, lacking these items places the child at immediate risk of injury or death. CPS may suspend their parental rights or remove the child.

Who Can Report Child Endangerment?

Most states designate certain people as mandated reporters of child abuse. Individuals whose jobs bring them into regular contact with children must report any known or suspected abuse to law enforcement.

Mandated reporters include:

• Teachers and daycare workers
• Doctors and medical personnel
• Social workers and childcare specialists
• Psychologists and mental health professionals
• Law enforcement officers

Each state has its own list of mandated reporters. In most states, there are criminal penalties for failing to report known or suspected child abuse or neglect. For instance, failing to report in California is a misdemeanor punishable by up to six months in jail and a $1000 fine.

Everyone should report known or suspected abuse, neglect, or endangerment. In most states, there is an anonymous tip line where individuals may report to Child Protective Services (CPS) or the state equivalent. Law enforcement must investigate these claims within a certain period of time.

Who Can File Child Endangerment Charges?

Although anyone may report possible child endangerment, only prosecutors can file charges for criminal acts. Prosecutors may file misdemeanor or felony charges depending on the degree of harm the child faces.

Once CPS or law enforcement receives a child endangerment report, they investigate the incident. Some actions endanger a child under state laws, but others are less noticeable.

For instance, a DUI with a child in the car endangers the child. But speeding might not, if the child was properly restrained in a child seat. Leaving an infant in a vehicle on a hot day is endangerment since the infant cannot leave. Leaving an older child, who can open the door on their own, may or may not be, depending on other factors.

Factors in Filing Child Endangerment Charges

To many people, it seems obvious that a child is in danger in a given set of circumstances. A prosecutor must consider all factors to obtain a child endangerment conviction.

Some of the critical elements of a child endangerment case include:

• The caregiver's intent and awareness of the possible harm. Did the caregiver act recklessly or intentionally?
• Specific conditions and nature of the possible harm.
• Witness testimony and evidence. Is there sufficient corroboration of the allegations?

Unlike family court, where the goal is to remediate the situation and preserve the best interests of the child, criminal prosecution seeks a conviction, with possible jail or prison time for the defendant. Prosecutors must prove their case beyond a reasonable doubt.

Other Penalties for Child Endangerment

Not all allegations of child endangerment rise to the level of criminal charges or jail time. Child endangerment can affect family law matters as well. Allegations of endangerment or neglect can lead to:

• Restraining orders during domestic violence cases
• Loss of child custody or visitation rights
• Supervised visitation or virtual visitation

Since family courts always consider the best interests of the child first, family court judges take all allegations of endangerment seriously.

Defenses and False Allegations

False allegations of child endangerment or neglect arise in two situations.

Good-faith reporters misstate or misperceive something harmless and report it with an abundance of caution. For instance, someone might see a child "unattended" at a playground and not realize the parent is sitting with other adults at a table nearby.

Bad-faith reporters attempt to harm the other party, often due to malice or vengeance. These types of reports often emerge during contested child custody cases, where one parent accuses the other of endangering or neglecting the child to improve their chances of full custody.

The best defense against either type of false allegation is good legal representation. You should never attempt to fight false accusations alone. An attorney knows possible defenses against child endangerment charges and ways to present them.

• Child custody arguments: Your attorney may argue that the other parent is making false allegations to undercut your fitness as a parent.
• Parental rights: If the allegation involves discipline or parental choice, you can argue that you acted within your legal rights as the child's parent.
• Mistake of fact: The witness saw something that was not endangering or harmful to the child. Your evidence disproves what the witness claims they saw.

Getting Legal Advice

Child endangerment charges affect everyone in the family. Such accusations can leave families torn apart, even with unfounded charges. If you're dealing with endangerment charges, you need legal advice from a criminal defense attorney in your area.

If you need legal advice about family law matters related to child endangerment or child abuse, contact a family law attorney near you.