NEGLECT-ing to Understand the Law

Child Neglect Defined

In order to establish “Child Neglect,” the government must establish that an individual engaged in conduct whereby:

1. The parent or caregiver failed 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, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. The parent or caregiver failed to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Law Enforcement’s Error

Our office has frequently experienced a scenario where law enforcement believed that an arrest for DUI where a minor is in the vehicle, in and of itself, established child neglect. This is simply not the case for many of these arrests. In fact, in most cases that our office has handled where a parent suffered an added charge of “Child Neglect,” the minors were commonly clean, well fed, and wholly uninjured.

Our Early Involvement May Help Secure a Dismissal of a Child Neglect Allegation

When our office is retained early enough, we can contact the prosecutor assigned to a client’s case to point out mitigation and legal issues with the arrest. Just because a person has been arrested for “Child Neglect,” that does not necessarily mean that the prosecutor will file the charge. In some cases, our office can point to the DUI statute itself, which provides additional misdemeanor sanctions where a minor is in the vehicle. In other words, we can point to the fact that the legislature itself has established what it believes the appropriate penalties should be for a DUI with a person under the age of 18 in the vehicle, and that prosecution for the felony offense of Child Neglect is inappropriate.

Contact Our Office for a Free Consultation

If you or a loved one has been charged with DUI and an added charge of Child Neglect, contact the Best DUI Defense Lawyer in St. Petersburg for a free consultation at 727-855-3847.