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Criminal Defense Lawyer in Orlando, FL

Child Neglect Attorney in Orlando

As a parent or guardian, the last thing you want is to be accused of neglecting a child in your care. Simple misunderstandings or exaggerations can lead to unfounded accusations that in turn could lead to serious, life-long consequences. If you’ve been accused of child neglect, or are facing an investigation by the Department of Children and Families (DCF), don’t leave your future and your children up to chance. Contact Hanlon Law in Kissimmee today to schedule a free consultation. 


What is Child Neglect?


Unlike child abuse, which involves actions that cause harm to child, child neglect involves inaction. According to Florida Statute 827.03, child neglect is defined as the failure of a caregiver to provide a child with necessary care. 


For the purposes of this statute, a child is defined as anyone under the age of 18. A caregiver is defined as a parent, guardian, adult household member, or other adult person responsible for the child’s welfare (such as a teacher).


“Necessary care,” however, is intentionally left vague, as neglect cases are often highly situational. Basically, what constitutes neglect in one situation may not constitute neglect in another, and the circumstances of the case and surrounding factors will make all the difference in what charges, if any, will apply. 


Generally speaking, however, there are certain components that usually fall under “necessary care,” including (but not limited to):


  • Nutrition (consistent access to reasonable food and water)
  • Shelter (adequate housing)
  • Clothing (suitable attire for weather and basic activities, including school)
  • Supervision (reasonable monitoring of a child’s activities, generally based on the child’s age)
  • Medical Care (medications, regular check-ups, maintaining general mental and physical health)
  • Protection (reasonable efforts to prevent or halt abuse, neglect, or exploitation by another person or persons)


While child neglect cases may be willful, where a caregiver intentionally neglects a child in their care for malicious reasons, the law does not require intent for a situation to constitute child neglect. This means that you don’t actually have to mean to neglect a child in order for neglect to take place. Whether through inattention, distraction, overwhelm, medical condition, or other extenuating circumstances, neglect cases often involve a caregiver who fails to provide necessary care despite their best efforts otherwise. 


Child neglect charges can result from either repeated conduct or a single incident. Repeated conduct is any behavior or inaction that occurs on a regular basis and becomes a problem over time. For example, failure to provide one meal to a child does not necessarily constitute neglect; however, regularly failing to provide a child with necessary nutrition would. 


A single incident may constitute child neglect if the incident could reasonably be expected to lead to serious physical harm, mental injury, or even death (regardless of whether or not the incident actually results in any of these). So, for example, leaving a young child home alone for an entire weekend with no supervision would be a single incident that could constitute neglect, especially if that child is harmed or causes themselves harm while unsupervised. 


Child Neglect Penalties


Crimes against children are taken very seriously in the state of Florida as well as throughout the United States, and child neglect is no different. The specific consequences for child neglect depend heavily on the circumstances of the case, the level of neglect, and the level of harm caused to the child or children in question. 


Generally, child neglect is assigned a Level 6 offense severity ranking by the Florida Criminal Punishment Code, and charged as a third-degree felony. As such, it’s punishable by up to 5 years in prison and a $5,000 fine. 


However, if the neglect involves great bodily harm, permanent disability, or permanent disfigurement to the child or children, the crime is assigned a Level 7 offense severity ranking, and charged as a second-degree felony. This is punishable by a minimum of 2 years and a maximum of 15 years in prison, as well as a $10,000 fine. 


In addition to these consequences, accusations of child neglect often result in lengthy, detailed investigations that disrupt the daily life of both you and your child. You may be forcibly separated from your child for the course of the investigation, and if prosecuted, may face long-term separation in the form of jail time or even the forcible removal of your parental rights. 


It’s also important to note that those convicted of child neglect are not eligible to seal their records in the state of Florida. This means you will have a permanent criminal record that can impact all aspects of your life, and will especially impact divorce and child custody claims. 


How to Defend Against Child Neglect Charges


Child neglect is a serious accusation with potentially life-long consequences, but that doesn’t mean you should give up. There are a variety of possible defenses you might take to argue your case, and an experienced defense team like Hanlon Law will help you determine the best for your situation:


  • False accusations: whether due to inaccurate belief or malicious intent, someone has falsely suggested neglect
  • Insufficient evidence: there is not enough proof that the neglect occurred
  • Parental right to discipline: the actions or inactions in question fall under a parent’s right to reasonably discipline their child as they see fit
  • Lack of reasonable expectation: regardless of outcome, the action or inaction in question could not reasonably be expected to result in serious harm


Kissimmee Criminal Defense Lawyers


The results of a child neglect case can have life-long consequences not only for you, but also for your child. That’s why it’s vital to secure an experienced neglect defense attorney as soon as possible to help you navigate the process. At Hanlon Law, our legal team brings nearly two decades of experience in the courtroom to the table. Our dedicated team will advocate aggressively on your behalf at every opportunity, and will help you decide on the best defense to take to help you secure the best possible outcome. Every minute counts, so don’t wait. Contact Hanlon Law in Kissimmee today to schedule a free consultation.

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