Florida Child Neglect and Child Abandonment Law
Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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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 |
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Charges |
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Penalties |
Conviction of a felony can result in imprisonment and/or fines:
Please note that there may be enhanced penalties or mandatory minimum prison terms for certain offenders. |
Mandatory Reporting |
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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.
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.
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