Child Neglect Defense Lawyer

Neglect of a child occurs where a person willfully or with gross negligence fails to take reasonable steps to protect the welfare of a child. Neglect can relate to lack of supervision, food, clothing, shelter or medical services. I am an experienced child neglect defense lawyer who has extensive experience representing clients accused of child neglect or child abuse. Once hired, I will:

Collect and review all written reports;
Search for any evidence not disclosed by the State;
Identify all possible defenses;
Qualify you for a pretrial diversion program, and
Do whatever is necessary to avoid a child neglect conviction.

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The Facts Surrounding your Child Neglect Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any child abuse case are:

Did the incident occur as a result of an accident, mistake of fact, or misunderstanding?
Did your acts or omissions amount to mere negligence?
Was the harm suffered in the course of the incident not reasonably foreseeable?
Were you read your Miranda rights?
Were any of your statements illegally obtained?
Are there other factors or motivations that show your lack of intent to commit a crime?
Is there a lack of evidence or a conflict in the evidence?

Defining Child Neglect Under Florida Law

In Florida, the crime of child neglect is defined in Florida Statute 827.03 as 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, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child, or a caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Proving the Crime of Child Neglect

To prove the crime of Neglect of a Child in Florida, the prosecution must establish the following four elements beyond a reasonable doubt. The government must prove the defendant:

Willfully 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
Failed to make a reasonable effort to protect the alleged victim from abuse, neglect, or exploitation by another person
The defendant was the caregiver for the alleged victim; and
The alleged victim was under 18 years of age.

Read the full Florida standard jury instructions here.

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.

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

Defenses to a Child Neglect Charge

There are numerous defenses available to contest a charge of child neglect. Important questions need to be asked and answered to determine the criminal responsibility, if any, of the accused. These questions include:

Is the Defendant a caregiver under the child neglect statute?
Was someone else charged with the responsibility of supervising the child?
Was any neglect or harm reasonably foreseeable?
Did the defendant use reasonable efforts to protect the child from abuse or neglect?
Did the incident occur as a result of an accident, mistake or miscommunication?
Do the acts or omission of the defendant amount to mere negligence and fall short of neglect?

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.

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Florida Child Neglect Penalties

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 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 result in a complete loss of parental rights.

Other sanctions include:

Parenting class, Anger management class or counseling
Community service
Drug evaluation and any recommended follow up treatment
No contact or no return to the location of the incident

Child Neglect Case Law

Lanier v. State, 264 So.3d 402 (Fla. 1st DCA 2019) For purposes of a charge of neglect of a child, culpable negligence means more than a failure to use ordinary care. For purposes of a charge of child neglect, culpable negligence is 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.