What Are California's Child Neglect Laws?
- Child neglect in Californiachild image by DXfoto.com from Fotolia.com
Each state in the U.S. has its own laws on child neglect, reporting requirements, and procedures for handling complaints. California has one of the most comprehensive laws on child neglect in the country. It requires certain people to report neglect and responds to all complaints. - California law defines several forms of child neglect. "Neglect" means to mistreat a child, either by harming the child or by not providing the child with adequate care. "Severe neglect," means that the child suffers ill effects like malnutrition, illness, or physical harm resulting from a lack of care. "General neglect" is when the child is at risk from lack of care, but no harm has come to the child yet. "Child abuse or neglect" includes actively harming the child sexually, by inappropriate punishment, and through other forms of physical harm. Abuse of a child includes emotional abuse.
- If a parent or guardian is treating a sick child using spiritual or alternative means, this is not necessarily child neglect. As long as the parents have consulted with a doctor and made an informed decision, the failure to provide medical care is not neglect. The state may still go to court and force the parents to treat the child medically, but the parents will not be charged with neglect for withholding treatment for religious reasons. Injury that is caused by a police officer in the reasonable performance of his or her duty is also not child abuse or neglect.
- California law requires school workers, including teachers, healthcare workers, social workers, welfare workers, criminal justice workers, police officers and people who process photographic prints for the public to report child neglect, including the use of children for pornography. Whenever there is a complaint, state law requires that the county welfare department where the child lives respond and find out if the child is in danger. If the child is in danger, he or she will be temporarily removed from the home while the investigation is completed.
- Parents, guardians or other caretakers can be charged with criminal offenses from misdemeanors to felonies if they have neglected a child. If necessary the child will be permanently removed from the home. Whenever possible, the California Child Protective Services will provide support services and education that will allow the child to stay in the home.