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Child Neglect

Child neglect is a serious crime that can lead to serious, life-long consequences. Even a simple misunderstanding or exaggeration can lead to unfounded accusations and an investigation by the Department of Children and Families (DCF), but Will Hanlon with Hanlon Law is here to help. If you’ve been accused of child neglect, contact us today to schedule a free consultation. 


What is Child Neglect?


Child neglect is a unique crime, in that it is characterized by inaction rather than action. Where child abuse is the act of harming a child with actions, like physically hitting them, child neglect is causing harm by failling to act. Florida statute 827.03 defines child neglect as the “failure of a caregiver to provide a child with necessary care.” 


What Does That Mean?


A child is anyone under the age of 18, and a caregiver is anyone responsible for a child’s welfare, including (but not limited to) a parent, guardian, adult household member, teacher, etc.

 

“Necessary care” involves factors such as (but not limited to):


  • Food and water
  • Adequate housing and/or shelter
  • Suitable clothing/attire for the weather and basic activities, like school
  • Reasonable supervision of activities (generally based on age)
  • Physical and mental health, including medication, check-ups, etc
  • Reasonable efforts at protection from abuse, neglect, and/or exploitation by another person(s)


However, the term itself is not actually defined by law. This is because neglect comes in many, varied forms, and it’s impossible to predict them all. By keeping things vague, the law leaves wiggle room for a prosecutor to include a wide range of situations to be charged as child neglect, which can help protect more children and convict more neglectful guardians than if there were strict requirements for “necessary care.”


It’s important to note that the law specifically does not specify “wilful neglect,” or otherwise mention knowing inaction or intent. While some cases of child neglect involve a guardian maliciously withholding basic care from a child, neglect often just involves a caregiver who has failed to provide basic care to a child in their charge despite their best efforts to do so. Inattention, distraction, overwhelm, medical condition, and other extenuating circumstances can lead to unintentional neglect.


Repeated Behaviors vs Isolated Incidents


Neglect is most often a repeated behavior, or an inaction that occurs on a regular basis and becomes a problem due to that repetition over time. For example, forgetting to give your child dinner one night doesn’t necessarily constitute neglect, but forgetting dinner most nights for a week in a row definitely could. 


Some single incidents can constitute neglect if that incident could reasonably be expected to result in serious physical harm, mental injury, or death. It doesn’t actually matter if the incident does result in any of these; just the possibility is enough. For example, say you leave a toddler home alone overnight without supervision. That single incident could constitute neglect, because the child could easily encounter serious physical harm, mental injury, or death due to being left alone. 


What are the Consequences of Child Neglect?


While the specific consequences of child neglect will depend on the circumstances of the case, it is generally charged as a third-degree felony. As such, it’s punishable by up to 5 years in prison and a $5,000 fine. 


If the neglect results in great bodily harm, permanent disability, or permanent disfigurement, however, it’s charged as a second-degree felony, punishable by at least 2 and at most 15 years in prison, and a $10,000 fine. 


Aside from jail time and fines, child neglect accusations usually lead to thorough, intensive investigations by the Department of Children and Families. You could be separated from your children during the preliminary investigations, and may even lose your parental rights depending on the outcome of the case. 


It’s important to note that child neglect charges are not eligible to be sealed in Florida. If convicted, you will permanently have child neglect on your criminal record, which can negatively impact many areas of your life, and especially concerns divorce and child custody claims. 


How to Defend Against Child Neglect Charges


Despite the severity of such accusations, there are still a variety of defenses to take against them:


  • False accusations: the accusations are false, whether because someone misunderstood the situation or maliciously misrepresented information 
  • Insufficient evidence: there is no proof, or not enough proof, that any neglect actually happened 
  • Parental right to discipline: parents have the right to reasonably discipline their child as they see fit, and the situation in question falls under that right 
  • Lack of reasonable expectation: regardless of what actually ended up happening, the situation couldn’t reasonably be expected to result in serious harm


Lakeland Criminal Defense Lawyers 


With life-long consequences for you, your child, and your family on the line, it’s vital to have an experienced criminal defense attorney helping you. Will Hanlon with Hanlon Law has been defending the accused for nearly two decades. Our dedicated legal team will advocate tirelessly on your behalf to help you secure the best possible outcome. Don’t wait; contact Hanlon Law today to schedule a free consultation.

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