{"id":352016,"date":"2023-08-22T11:04:38","date_gmt":"2023-08-22T16:04:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/child-neglect.html"},"modified":"2023-08-22T11:04:38","modified_gmt":"2023-08-22T16:04:38","slug":"child-neglect","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/child-neglect.html","title":{"rendered":"Child Neglect"},"content":{"rendered":"\n
\n \n
\n

Child Neglect<\/h1>\n
\n
\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Child neglect is a form of child abuse in which a parent or caregiver fails to provide for a child in a way that could result in physical, emotional, psychological, or educational harm. Some child neglect cases involve criminal charges.<\/p>\n\n <\/div>\n\n

Most people consider crimes against children as active abuse, such as a caregiver causing bodily injury or sexually molesting a child. Child neglect is usually passive abuse. For example, it would be neglect for a parent to leave young children at home without food for an extended time.<\/p>\r\n

Child neglect is the most common form of child maltreatment<\/a> in the United States. In 2021, 76% of child maltreatment victims suffered neglect, compared with 16% who suffered physical abuse and 10% who suffered sexual abuse. <\/p>\r\n

Child neglect can be incredibly dangerous. Over 1,820 children in the United States died of abuse and neglect in 2021. Surviving neglect victims also experience many psychological issues<\/a>, from attention and language deficits to reduced mental function and lower academic success. Children need help to escape neglect.<\/p>\r\n

The circumstances associated with child neglect can be complicated. This article discusses the types of neglect, steps each of us can take to combat it, and examples of state criminal laws that seek to hold offenders accountable.<\/p>\r\n

The Different Types of Child Neglect<\/h2>\r\n

Child neglect charges can come from many different situations. Below, you’ll find explanations of the most common types of neglect.<\/p>\r\n

Physical Neglect<\/h3>\r\n

Physical neglect is the most common form of child neglect. It involves the failure of a caregiver<\/a> to provide for the basic physical needs associated with a child’s welfare, such as food, shelter, clothing, and sanitary living conditions. Most children can’t take care of these physical needs alone and it is considered a form of domestic violence.<\/p>\r\n

Physical neglect may also occur when a parent abandons the child or fails to properly supervise the child over an extended period (usually days or weeks). This may be called child endangerment or child abandonment. It can have devastating consequences. Failing to supervise a child can result in physical injury to the child. An unsupervised child is more likely to fall or to engage in activities that may lead to physical harm.<\/p>\r\n

Educational Neglect<\/h3>\r\n

Educational neglect occurs when the caregiver doesn’t enroll the child in school<\/a> or encourages or allows the child to skip school<\/a>. It may also happen when a parent goes "on the run" with the child. This could be in response to an unfavorable court ruling or dispute with another parent.<\/p>\r\n

Sometimes parents are unhappy with school policies and plan to sign their child up for an online school or home school<\/a>. The child’s education will suffer if they don’t follow through with these plans. Educational neglect may also occur in low-income families wanting the child to work instead of attending school.<\/p>\r\n

Educational neglect presents actual harm to a child. They may suffer delays in their learning and feel socially isolated when they do not proceed to the next grade with the rest of their classmates.<\/p>\r\n

Psychological or Emotional Neglect<\/h3>\r\n

Psychological\/emotional neglect is a bit of a catchall category. It may include various behaviors harmful to a child’s well-being. Psychological\/emotional abuse or neglect includes humiliation, insult, and a failure to provide psychological care for a child.<\/p>\r\n

It can also appear by showing a lack of affection, ignoring the child’s basic attention needs, and threatening serious punishment. Many of these behaviors negatively affect a child’s mental health. They can be difficult to track because they’re somewhat more extreme versions of behaviors one might call bad parenting.<\/p>\r\n

There are more obvious instances of psychological\/emotional neglect. This could be isolating behavior, such as not allowing the child to form relationships with other children and adults. It could also be allowing or encouraging the child to use drugs and alcohol. Raising a child around individuals who abuse alcohol or controlled substances can also lead to neglect. Those struggling with substance abuse addictions often cannot focus on the day-to-day responsibilities of caring for a child.<\/p>\r\n

Medical Neglect<\/h3>\r\n

Medical neglect occurs when the parent or caregiver fails to provide needed medical or health care for the child. They may delay or outright deny the child the opportunity for treatment. Sometimes medical neglect happens in families who earn too much income to qualify the children for Medicaid and not enough to afford health insurance on their own.<\/p>\r\n

Failing to care for a child’s health properly may result in poor hygiene by the child. In some neglect cases, it may lead to harmful delays in basic care. For example, a child may never see a dentist and begin to suffer from tooth decay and gum disease. In another instance, a facial cut that could have healed with stitches may result in disfigurement.<\/p>\r\n

There may be a religious exemption in some states that permits a parent to provide spiritual treatment consistent with the tenets of their faith rather than medical treatment. The exemption may prevent the state from filing charges of child neglect. In most cases, the child protective services caseworker can continue to monitor the situation. They can seek a court order for medical treatment if a child faces serious physical harm or death.<\/p>\r\n

Neglect by Sexual Exploitation<\/h3>\r\n

More states have begun to recognize the harmful neglect in cases where a parent or caregiver permits a child to engage in activities involving sexual exploitation<\/a>. When a minor child (younger than 18) becomes involved in sex trafficking, they suffer from child neglect.<\/p>\r\n

If a parent or caregiver permits this activity by a child, it is usually for some financial or other benefit for the parent or caregiver. If the child is otherwise engaged in sexual activity for hire or in exchange for food or shelter, this still provides evidence of neglect. In such situations, children are never truly "emancipated<\/a>" in the eyes of the law. More often than not, there is an adult caregiver who is neglecting their basic needs.<\/p>\r\n

What Can You Do? Report Child Neglect<\/h2>\r\n

Child neglect is a serious issue. Reporting neglect is critical to helping neglected children obtain help and thrive in a healthy environment. Anyone who suspects child abuse<\/a> or neglect can contact local child services authorities<\/a> or local law enforcement and make a report. The intervention that follows could be life-saving.<\/p>\r\n

If you witness child neglect or are aware of ongoing neglect, consider reporting it to your local child protective services (CPS) office or police department. In 18 states, if you witness or suspect neglect, you are legally required to report the neglect, no matter your profession.<\/p>\r\n

Mandatory Reporting of Neglect<\/h3>\r\n

Almost all states also identify certain persons as "mandatory reporters<\/a>" of child abuse and neglect. These are usually members of professions that regularly engage with children.<\/p>\r\n

The category of mandatory reporters will vary from state to state. It often includes:<\/p>\r\n