{"id":371749,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-child-neglect-and-child-abandonment-laws.html"},"modified":"2018-03-15T16:22:51","modified_gmt":"2018-03-15T21:22:51","slug":"california-child-neglect-and-child-abandonment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-child-neglect-and-child-abandonment-laws.html","title":{"rendered":"California Child Neglect and Child Abandonment Laws"},"content":{"rendered":"\n
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California Child Neglect and Child Abandonment Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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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

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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

Overview of California Child Neglect and Abandonment Laws<\/h2>\n

Child abandonment and neglect laws protect the well-being and safety of children. Each state has its own legal definition for "child abuse,"<\/a> which typically includes neglect and child abandonment<\/a>. See Child Abuse Background and History<\/a> to learn more about the emergence of such laws in general.<\/p>\n

California state laws criminalize the conduct of a parent who willfully withholds care, food, shelter, medical services, or other remedial care from a child without a lawful excuse. California includes prayer or spiritual treatment by an accredited practitioner of a religious denomination or recognized church as "remedial care" for the purposes of state law. When reviewing a parent’s conduct, the state courts must consider the parent’s income and financial resources to determine whether the parent willfully or intentionally withheld care or support from a child.<\/p>\n

California state laws also seek to protect each child’s right to support from both parents. State law permits a prosecutor to pursue a misdemeanor charge if a parent refuses to accept a child into his or her home after being instructed to do so by a child-welfare agency or law-enforcement agency.<\/p>\n

In addition, California criminalizes the conduct of a parent who willfully exposes a child to the likelihood of physical harm, mental suffering, or death, or who knowingly endangers a child by placing the child in an unsafe situation. If a parent knows that harm might occur and allows a child to continue in the harmful situation, the parent’s conduct might be enough for a prosecutor to charge the parent with a criminal offense.<\/p>\n

California Child Neglect and Child Abandonment Laws Overview<\/h2>\n

Below you will find key provisions of California\u2019s child neglect and child abandonment laws.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

California Penal Code Section 270-273.75<\/a> et. seq. (Child Neglect)<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

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  • Child Neglect: <\/i><\/b>Misdemeanor, punishable by up to one year in county jail, fine, probation.<\/li>\n<\/ul>\n

    Note: ***Child abandonment, abuse, or neglect can also result in consequences through California’s civil courts. The state or county child-welfare agency may become concerned about the family. A case involving child abandonment and neglect may affect the parental rights of the mother or father charged with the crime.***<\/i><\/p>\n<\/td>\n<\/tr>

Possible Defenses <\/b><\/p>\n<\/td>\n

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  • Safe surrender<\/li>\n
  • Cultural defense<\/li>\n
  • Mistaken identity<\/li>\n
  • Acting within your right to discipline your child<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Charge<\/b><\/p>\n<\/td>\n