Skip to main content
For Legal Professionals
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Florida Child Neglect and Child Abandonment Law

Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.

Laws against neglecting or abandoning a child are intended to protect the safety and well-being of a child. Each state has its own child abuse laws, which usually include laws against child neglect and child abandonment. Florida statutes address the entire range of these related offenses, as explained in detail below.

Child Abuse, Neglect, and Abandonment Under Florida Law

It is important to first understand how Florida differentiates among these three criminal charges.

  • Child Abuse: Occurs when a person intentionally inflicts mental or physical injury upon a child; performs an intentional act that could reasonably be expected to mentally or physically injure a child; or actively encourages another person to commit an act that results in (or could reasonably result in) mental or physical injury to a child.
  • Child Neglect: Occurs when a caregiver fails to provide a child with the supervision, services, and care necessary to maintain the child's mental and physical health, or when a caregiver fails to make a reasonable effort to protect a child from exploitation, abuse, or neglect by another person.
  • Abandonment: The official charge for abandoning a child in Florida is "unlawful desertion of a child," which occurs when a caregiver deserts a child under circumstances in which he or she knew (or should have known) that the desertion exposes the child to unreasonable risk of harm.

Overview of Florida Child Neglect and Child Abandonment Laws

Below you will find key provisions of Florida's laws relating to child neglect and child abandonment.

Statutes

Charges
  • It's a felony of the second degree to willfully, or by culpable negligence, neglect a child when it causes great bodily harm, permanent disability, or permanent disfigurement.
  • It's a felony of the third degree to willfully, or by culpable negligence, neglect a child without causing great bodily harm, permanent disability, or permanent disfigurement.
  • It's a felony of the third degree to desert a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to unreasonable risk of harm.

Penalties

Conviction of a felony can result in imprisonment and/or fines:

  • Felony of the Second Degree: Term of imprisonment not exceeding 15 years and/or up to $10,000 in fines.
  • Felony of the Third Degree: A term of imprisonment not exceeding 5 years, and/or up to $5,000 in fines.

Please note that there may be enhanced penalties or mandatory minimum prison terms for certain offenders.

Mandatory Reporting
  • Anyone who knows, or has reasonable cause to suspect that a child is abandoned, neglected, or abused by a parent, legal custodian, or caregiver is a mandatory reporter.
  • Anyone legally obligated to report known abuse must also identify him or herself when reporting. Examples of those professionally mandated to report abuse include physicians, teachers, law enforcement officers, and social workers.

Charges for Failure to Report

Failure to report child abandonment, neglect, or abuse to the Florida Department of Children and Families (DCF) is a third degree felony.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Florida Child Neglect and Child Abandonment Law: Related Resources

The Department of Children and Families provides a helpful Frequently Asked Questions section on its website to find out more about Florida child neglect and child abandonment law. For additional general information and articles related to this topic, you can visit FindLaw's section on Crimes Against Children.

Get Legal Help with Your Child Neglect / Abandonment Case

Child neglect and child abandonment are serious crimes that can have lasting effects on their victims – and may result in tough penalties for those convicted of committing it. If you or someone close to you has been charged with child neglect or child abandonment, you may want to consult with a Florida criminal defense attorney in your area.

Was this helpful?

Thank you. Your response has been sent.

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many Florida attorneys offer free consultations.

 

 If you need an attorney, find one right now.

Popular Directory Searches

Copied to clipboard

Find a Lawyer

More Options