How long can you go to jail for child neglect

Child Neglect Crimes- Florida | Definition and Penalties

DEFINITION, PENALTIES, AND DEFENSES

Under Florida law, the crime of Child Neglect occurs where a “caregiver” wilfully or negligently fails to take reasonable steps to protect the welfare of a child. Due to the vulnerability of children and their need for protection, child neglect charges are vigorously prosecuted throughout Florida.

Definition of Child Neglect

The offense of child neglect is defined under Section 827.03, Florida Statutes. Under the law, “neglect of child” means “[a] caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health,” including, but not limited to:

• Food and nutrition;
• Clothing;
• Shelter;
• Supervision;
• Medicine and medical services that a prudent person would consider essential for the well-being of the child.

Child Neglect may also occur as a result of “[a] caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. ”

Required Proof

To prove the crime of Child Neglect in Florida, the prosecution must establish the following three elements beyond a reasonable doubt:

1. The defendant: (a) wilfully or by culpable negligence failed or omitted to provide the alleged victim with the care, supervision, and services necessary to maintain the victim’s physical or mental health; or (b) failed to make a reasonable effort to protect the alleged victim from abuse, neglect, or exploitation by another person;
2. The defendant was the “caregiver” for the alleged victim; and
3. The alleged victim was under 18 years of age.

Culpable Negligence vs. Negligence

As the term implies, ‘culpable negligence’ involves a higher degree of fault or responsibility than ordinary civil negligence. Culpable negligence is defined as a “failure to use reasonable care on behalf of another when such failure is gross or flagrant. The negligence must be committed with an utter disregard for the safety of others. ”

Culpable negligence involves consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.

• Source: Fla. Std. Jury Instr. (Crim) 16.5.

Repeated Conduct

Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

Caregiver Requirement

Florida law requires that the defendant be a “caregiver,” which is defined as a parent, adult household member, or other person responsible for the child’s welfare.

Penalties for Child Neglect

All criminal offenses in Florida charged as “Neglect of a Child” are classified as felonies. Where the neglect or abuse does not result in great bodily harm (or permanent disability or disfigurement), the charge is a third degree felony, with penalties of up to 5 years in prison or 5 years of probation and a $5,000 fine.

Where great bodily harm occurs, the charge is a second degree felony, punishable by up to 15 years in prison or 15 years probation and a $10,000 fine.

A conviction for neglect of child may also negatively impact parental rights or result in a complete loss of parental rights.

Defenses to a Child Neglect Charge

Due to the subjectivity involved in Florida child neglect cases, there are numerous defenses available to contest a charge of child neglect. Some of the more common defenses to this crime include the following:

• The defendant’s acts were not willful, or sufficiently flagrant or negligent;
• The defendant used reasonable efforts to protect the child from abuse or neglect;
• The defendant is not a “caregiver” with the responsibility for the child’s welfare;
• The incident occurred as a result of an accident, mistake of fact, or misunderstanding;
• The defendant under the reasonable impression that another person was supervising the child;
• The defendant’s acts or omissions amount to mere negligence;
• Lack of proof as to the acts, omissions, or mental state of the defendant;
• The harm suffered in the course of the incident was not reasonably foreseeable;

Florida’s child neglect laws were not intended to criminally punish parents or other caregivers for innocent human errors and momentary lapses of supervision. Tragic accidents are inevitable, and a tragedy is not lessened by prosecuting individuals who lack the requisite criminal intent.

Contact an Attorney

If you have been accused of Child Neglect, you may have defenses available to contest the charge or to minimize potential penalties. Contact Hussein & Webber, PL today for a free consultation. Our attorneys handle cases through Northeast and Central Florida.

Related Case Work

In Florida, Child Abuse occurs where there is an intentional infliction of a physical or mental injury on a child, or an intentional act that could be expected to cause an injury. Child abuse is a serious offense carrying severe felony penalties for even first-time offenders.

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What Happens If You're Charged with Child Neglect?

If you are facing child neglect charges, you should be aware of the timeline of court proceedings that will follow, whether you have been found guilty or not. The penalties for child neglect range from jail time to heavy fines, but perhaps the largest penalty is custody of your child. If Child Protective Services gets involved in your case, you will face a series of hearings to discuss your allegations and a potential relocation plan for your child. Keep reading to find out what will happen to you and your child following a case of child neglect.

What Are Grounds for a Child Neglect Charge?

Texas law defines neglect as the failure of a parent or guardian to provide necessary food, clothing, shelter, protection, medical care, and supervision for a child. Neglect must involve "observable and material impairment" or "substantial risk" to the child for the civil statute to apply.

Some signs of neglect your child might display could be:

• obvious malnourishment,
• lack of personal cleanliness,
• torn or dirty clothes,
• left unattended for long periods of time,
• need for medical or dental care, and
• frequent tardiness or absence from school.

Be aware that Texas requires anyone with knowledge of suspected child abuse or neglect to report it to the appropriate authorities. This mandatory reporting applies to everyone from teachers to health care professionals to attorneys to clergy members. In fact, failing to report suspected neglect is considered a Class A misdemeanor punishable by up to 1 year in state jail and a fine up to $4,000.

Penalties for Child Neglect

Punishment for abandoning or endangering a child is based on the seriousness of the charge. Three classifications of neglect charges and their respective sentences are as follows:

• Abandonment with Intent to Return: 6 months to 2 years in state jail and a fine up to $10,000.
• Abandonment with No Intent to Return: 2 to 10 years in prison and a fine up to $10,000.
• Abandonment Placing Child in Imminent Danger: 2 to 20 years in prison and a fine up to $10,000.

Legal Proceedings Following a Child Neglect Charge

Going to Court

If you have been charged with child neglect and Child Protective Services (CPS) gets involved, it is likely that your case will go to court. CPS cases usually result in one of two events after the agency receives a phone call about your alleged child neglect and investigates the allegations:

• If there is no evidence to substantiate those allegations, your case will be closed out.
• If there is sufficient evidence to substantiate the allegation, you or a member of your household will be identified as having committed an act of abuse or neglect.

When neglect has been found to occur, you will likely go to court. CPS may file a lawsuit on behalf of your child and ask the court to take temporary conservatorship over your child throughout the course of your case, where you will be required to draft permanency plans for your child’s relocation and attend hearings to check in with your progress.

The Adversary Hearing

The first step in the legal process associated with a CPS case is the Adversary Hearing, where CPS will attempt to convince a judge that it is necessary for your child to remain in their temporary care. You and your attorney will attend this hearing and put forth evidence that could persuade the judge to believe that your child should be returned home with you.

Permanency Plans

The court will require that you draft a permanency plan that outlines the end goal of your CPS case. It should basically describe what you want your child’s permanent living arrangement to be once the case is closed. For most people, this goal would be to have your child back in your home. Depending on the results of the case, though, the goal might also be to place your child in a relative’s or close friend’s home instead of in foster care.

Note that the judge will not be present during the permanency plan meetings and will only hear about it when you present it during your hearings. The permanency plan will be agreed upon by you, your lawyer, your child (if over the age of 7), and your child’s caretakers.

Status Hearing

The status hearing is the judge’s way of checking the progress you’ve made in meeting the goals of your permanency plan. Note that during this time, you should address anything in the plan that you do not agree with. Be sure to speak with your lawyer about this beforehand so they can help you establish what points to bring up. It is important that you communicate any concerns to the judge, particularly because it might address their concern that you are not following through on a specific obligation in your plan, which could otherwise result in the judge terminating your parental rights.

Permanency Hearing

After 6 months of your child being removed from your home, the court may hold a permanency hearing. The judge will review how your child is adjusting to life outside of your home and will review your progress in meeting the goals of your permanency plan. These hearings occur every 4 months on average, but a judge can decide to hold them closer together depending on your situation.

At the minimum, you will generally be required to attend 2 permanency meetings, the second of which will occur 10 months from the time that your child was removed from your home. If your child is not returned to you at this second hearing, a judge will likely set your case for a final trial.

Mediation

If you seek to avoid going to trial, you can attempt to pursue mediation, which allows you and the other parties of your CPS case to negotiate a resolution. During mediation, all involved parties, including your attorney, will meet to speak with an independent mediator about your case to see what can be resolved prior to a trial.

Note that mediation can take place over the phone or even at a private attorney’s office, and a judge will not be present. The final agreement, if approved, will become a court order that goes into the record of your case.

Child neglect cases are very serious matters that could lead to drastic changes in your parental custody rights. If you have been accused of committing child neglect, you should seek legal assistance throughout the duration of your court proceedings. Your performance in the hearings and meetings outside of the courtroom will be indicative of the results of your case, so it is best to have experienced legal counsel like our team at The Clark Law Firm to represent you in trial and negotiations.

Contact us at The Clark Law Firm today for a free consultation on your child neglect case.

grounds, can parents be punished and who should protect him

It seems that my child got in touch with bad company: his friends often end up in the police department, and some are even registered with the juvenile inspector. I'm afraid one day the police will call me and say that they have detained a child.

What to do in this case? I want to be ready for any situations and know what rights my son and I have.

Dmitry Sergeev

retired police major

Author profile

I understand your concerns. One of the most frightening situations for any parent is a phone call from the police: "Your child is with us." But this is not yet a reason to drink valerian and grab your heart - you need to find out what happened and how to help the child. I will tell you in what cases the police can take the child away and what the consequences may be.

Why a child can be taken to the police

Usually, when parents find out that their child is in law enforcement, they assume the worst: they stole something, got into bad company, planted drugs. But sometimes everything turns out to be not so tragic, and sending children to places of deprivation of liberty is much more difficult than sending adults.

The grounds on which a child can be taken to the police premises are prescribed by law. And the reason why this can be done is not always related to the fact that the child has done something.

Federal Law "On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency"

paragraph 76 of the Instructions for Juvenile Departments

If the child is homeless

Under the law of the state, street and street children who need help can be delivered to the police. Often parents think that a street child is a dirty, hungry and ragged child who lives on the street. But from the point of view of the law, street children include:

1. Children left without parental or legal guardianship. This can happen if, for example, parents have died, disappeared, or refused to take care of their own children.
2. Lost children. A child from a prosperous family can also fall into this category - for example, if he is lost in a big city or a shopping center.
3. Children who left their families without permission. This can happen in any family: the child decides that he has become independent enough, and goes on a trip or leaves home due to a conflict with his parents.
4. Children who have left educational institutions for orphans and those left without parental care or other child care institutions - for example, from a kindergarten or school. If a child decides that he is already an adult and goes home unaccompanied, he may well end up in the police.
5. Children without housing and money.
6. Children in need of medical care.

This does not mean that the police can randomly pick up all the children who are walking without adults from the street. The child must be in a situation that threatens his safety. How this works can be explained with an example.

Let's say the parents sent the child to throw out the trash. Police officers may approach him and ask why he is alone and what he is doing here. If the child explains that he lives in a neighboring house and went to throw out the garbage, and can explain where his house is, then obviously nothing threatens him. This means that there is no reason to bring the child to the police.

If the child is sitting at the same dumpster, but cannot explain anything, this is already a reason to take him to the police and find out where the parents are and what happened.

/prava/prava-deti/

Rights of children under 18

In any case, the police must find out if the child is in danger. The police can't just leave him on the street and do nothing.

What threatens the delivery to the police of a child who was left unattended. Nothing. This is not about holding the child accountable, but about preventing him from getting worse. As soon as parents or legal representatives are found, the child will be handed over to them. Why the child is in this situation, they will ask the parents.

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What to do if a child is missing

If a child has violated the law

It happens that a child has committed a crime or an administrative offense. If an adult can be detained and arrested for this in some cases, then it is more difficult with children.

A child can be brought to administrative responsibility only if he or she was 16 years old at the time of the offense.

What to do? 03/21/19

I will soon be 18 years old. What rights and obligations will appear?

For example, a 14-year-old child crossed the road in the wrong place. For this, he will not be fined: the person who is 16 years old by the time the administrative offense was committed is liable.

Between the ages of 16 and 18, the Commission on Juvenile Affairs may release the child from administrative responsibility and instead, for example, issue a warning or order an apology to the victim.

From the point of view of the criminal code, minors are children who, at the time of the commission of the crime, were 14 years old, but not yet 18 years old. From the age of 14, children are liable for murder, intentional infliction of severe or moderate bodily harm, rape, theft, robbery, extortion, knowingly false reporting of an act of terrorism, theft, etc.

Art. 87 of the Criminal Code of the Russian Federation

It is impossible to bring a child under 14 years of age to criminal responsibility: it is believed that he does not fully understand what he is doing.

If a child over the age of 14 has committed a crime, and age does not allow him to be held accountable, he may be subject to compulsory educational measures:

1. Issue a warning.
2. Transfer to the supervision of parents, guardians or a specialized government agency.
3. To oblige to make amends for the harm caused, if the financial situation of the minor allows it. Making amends is not the same as making money back. You can, for example, oblige the child to apologize to the victim or help eliminate the consequences of the crime.
4. Restrict leisure activities and establish special requirements for the behavior of a minor - for example, prohibiting visiting certain places, using a computer or a bicycle, leaving the house at certain times without permission.

st. 90 of the Criminal Code of the Russian Federation

Several such measures can be assigned at once, and their term, depending on the severity of the crime, can range from 1 month to 3 years.

/prava/penalty/

Your rights when paying fines

You can bring children to the police in the following cases:

1. The child has committed a crime, administrative offense or other antisocial actions. For example, he ran across the road on red. An adult can be brought to administrative responsibility for this, but with a child everything is more difficult - if there are no adults nearby, he can be taken to the police. In this case, first of all, employees will determine the age of the child - and only then decide whether he can be held liable.
2. The child arbitrarily left the special educational institution of a closed type. Children aged 11 to 18 are placed there, who were convicted of a crime of moderate gravity, or for a serious crime, but were released from punishment. In this case, the police officers are obliged to return the child to such an institution.
3. A child who is sent to a juvenile detention center. Children can be placed in such a center only by a court verdict or order - for up to 30 days, or by order of the head of the internal affairs body - up to 48 hours. Most often, juvenile delinquents are placed there if it is necessary to protect their life, health, prevent repeated violations, and establish their identity. Or if it is not possible to transfer them to their parents immediately.

The fact that a child has been taken to the police, detained or taken into custody is immediately notified to his legal representatives.

What is the danger of being brought to the police for a child who has committed an offense. If the age of bringing to criminal or administrative responsibility has not come, the child will not have to answer. But even if such an age has come, when deciding on a measure of restraint, in each case, the possibility of placing the child under the care of parents or legal representatives will be discussed.

Art. 105, 423 of the Criminal Procedure Code of the Russian Federation

Can parents be punished if their child was taken to the police

If the child was left unattended due to the fault of the parents, then you may have to answer.

If the parents or legal representatives of the child perform their duties poorly or do not perform them at all - do not support the child, do not educate him, educate him and do not protect his rights and interests - they may be held administratively liable. The sanction is a fine from 100 to 500 R. For example, a fine threatens if the child is constantly hungry, dressed out of season, or spends the night on the street.

Part 1 5.35 of the Code of Administrative Offenses of the Russian Federation

And if the parents or legal representatives knew that the life and health of the child was in danger, they could protect him, but left him without help, the responsibility would be criminal. For example, they left a child in the forest without food and clothes. The sanction for this is from a fine of up to 80,000 R to imprisonment for up to a year.

Art. 125 of the Criminal Code of the Russian Federation

Can the police take the child from the parents

The police cannot take the child from the parents - this is the area of ​​responsibility and authority of the guardianship authorities. It is possible to remove a child from the family only if the actions or inaction of the parents threaten his life or health.

Art. 77 SK RF

But even guardianship authorities cannot make such a decision on their own. If the child was taken away from the parents, guardianship immediately notifies the prosecutor. Then, within seven days, he goes to court with a lawsuit against his parents for the deprivation or restriction of parental rights. The final decision is up to the court.

In order to remove a child, the threat to his life and health must be real and come from the parents or legal representatives. That is, they must harm the child by their actions. If the parents did not keep track of their daughter or son once, no one will raise the issue of removal from the family.

Decree of the Plenum of the Supreme Court of the Russian Federation of November 14, 2017 No. 44

Will I have to be held responsible for the actions of the child

Many parents believe that if the child has committed a crime, then they will have to answer for everything or even go to prison. This is not so - only the guilty person can bear criminal responsibility according to the law. If the parents did nothing, it is impossible to deprive them of their freedom for the actions of the child.

On the other hand, if a child has spoiled something, smashed, broken, caused damage to health, then, probably, the parents will have to compensate for the damage. But only if they can't prove their innocence.

For example, the child was under the supervision of the parents and did nothing. Then he was taken to a kindergarten, where he trampled on a flower bed, broke a window and hit a car with a stone. In such a situation, parents need to prove that the child was not under their supervision, which means that the kindergarten is responsible for his behavior.

sub. "a" paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 26, 2010 No. 1PDF, 191 KB

The final decision in such situations is made by the court.

But administrative fines for children from 16 to 18 years old are paid by their parents or legal representatives. But if a minor has independent earnings, he will have to pay a fine from his own pocket. This is possible, for example, if the minor receives income under an employment contract or as a self-employed person.

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When parents had to answer for the actions of children: 5 stories from the court

It also happens that it is the parents of the child who are punished for an administrative offense. This should be expressly stated in the Code of Administrative Offenses of the Russian Federation. For example, if a child drinks alcohol, parents will be fined from 1500 to 2000 R.

Art. 20.22 of the Code of Administrative Offenses of the Russian Federation

Who must protect the child

By default, parents must protect the child in any situation when he needs help. Therefore, the police must ensure their presence when the child has problems. No powers of attorney or additional powers are required.

Art. 64 SK RF

A child has a wider right to protection than an adult. For example, an adult can waive his right to defense by writing a petition that he does not need a lawyer in a criminal case. But a child or his parents cannot refuse a lawyer in criminal proceedings, even if they really want to.

item 2 part 1 art. 51 Code of Criminal Procedure

What a child should know if he is in the police

The only thing a child should do in such a situation is to contact his parents as soon as possible. The easiest way is to ask the police for help. They are obliged to both find the parents and ensure the safety of the child.

Temporary detention centers for juvenile offenders are not necessarily analogous to places of deprivation of liberty for children. A child can be placed there if he is in danger, and parents or legal representatives could not be found right away.

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Where can I complain about neighbors who yell at a child and possibly beat him?

Nothing else is required of the child except asking for help. All problems for him will be solved by mom, dad or legal representatives.

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