\u00a9 2023 wikiHow, Inc. All rights reserved. Child endangerment laws refer to people who deliberately put children in situations that would more than likely put them in danger. Many states have this defense now to prevent unwanted babies from being thrown in dumpsters and trash cans. The same is true depending on who the victim is. North Carolina has a universal mandated reporting law, requiring any person who has cause to suspect a child is abused, neglected, or dependent to make a report to the county department of social services where the child resides or is found. If you used reasonable discipline, your lawyer will use this legal defense to fight the charges against you. Child Endangerment is a profoundly serious crime, as are most crimes that involve children. Now is not the time to be polite. For example, if a person is charged with only negligent acts, he will usually be charged with a lower level felony, as opposed to a defendant who intentionally tries to hurt a child. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Insurance Lawyer. How to Beat a False Allegation of Child Abuse. The accuser has been tricked into believing something thats not true. can report you for child endangerment if they feel that your behavior poses a risk to a child. endangerment. WebHitting a child with a hangar is not a reasonable spanking under Californias child abuse laws. Others have been charged for failing to obtain proper medical treatment for their child, even when the denial of treatment is based on religious beliefs. Other families believe that spanking is a form of child abuse. The charge is sufficiently broad so as to cover a range of conduct that poses a sufficient risk to another persons safety such that the law finds this behavior reckless. The accusations made against you were false. Californias laws consider the following actions, and more, to constitute endangerment: The California law defines willful endangerment as knowingly exposing the child to danger, or to situations or persons likely to cause them to be in harms way. Typically, when there is a weapon involved, the crime gives rise to a felony charge. Generally speaking, however, in order to prove the crime of child endangerment, the prosecution must be able to demonstrate the following: That the defendant knowingly or intentionally acted in a way (or failed to act in a way) that was likely to injure a childs physical, moral, or mental well-being; The second option is to try to negotiate a lower charge. Felony child abuse encompasses the abuse or assault of any child. All Rights Reserved. CSAAS: This stands for Child Sexual Abuse Accommodation Syndrome. Web2. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Mr. Wallin also helps clients with family law matters such as divorce and child custody. WebChild Endangerment is defined as an act or failure to perform an act that puts a childs safety in danger. 1. However, two out of three child abuse allegations are closed by the state with little or no action. Cooperating with the Investigation. If there is not great bodily harm, it is a third degree felony with a penalty of up to five years in prison. The situation has become dire enough that unions and professional organizations are counseling teachers to avoid being alone with a student under any circumstances. For example, in Texas, if a defendant can show that the injury was the result of reasonable discipline, then a defendant is allowed to submit an affirmative defense. One that can result in significant criminal penalties as well as the potential loss of parental rights. If you or a family member are facing charges for child endangerment, you can receive severe punishments and penalties and need to receive professional legal advice as soon as possible. Were your actions reckless or merely negligent? I am now demanding answers from Child Safety. (This may not be the same place you live). An aggressive attorney will try not to allow the case to proceed that far if possible. Defendants can be placed on probation for two to ten years, depending on the safety or rehab needs identified through the plea bargaining process. Cooperate with authorities, but only to the extent advised by your attorney. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Child abuse investigators are trained to know the difference between accidental and abusive injuries, but they might not always get it right. The first question to ask is if you are under arrest. There is no chance of being put in jail in this type of court. You may feel that you didnt intentionally cause harm to the child, but your actions show you did not remove them from the dangerous situation. 7B-301 (a). In addition, hiring a very good private investigator may also be crucial to winning your case. A head-to-toe spanking with a metal studded belt that lasted for an extensive period of time will not qualify as reasonable. Again, a commonly recognized example of reckless endangerment activities involves children. State laws will differ in the precise definition of what constitutesreckless endangerment. Even if a person is guilty, some jurisdictions will offer diversion or counseling programs to parentswho have engaged in lower level incidents of child abuse. Your behavior was not intentional and was not criminally negligent. Defense Strategy Plays a Critical Role in Your CACI Hearing, How to Explain False Allegations of Child Abuse in Child Abuse Central Index Grievance Hearings, CLICK HERE to Get Access to the 4-Part Video Series. Penal Code 273a PC California A mother who permits her boyfriend to beat her 6-year-old, or; A parent who operates a dangerous meth lab in the same home where their child lives. Tell the truth. Child endangerment is treated as a proactive offense. Oct. 26, 2021. Investigators can talk to your child at school. Obtain statements from witnesses that corroborate your own (such as an alibi). It is often a key component of a child molest defense case. Willfully causing or allowing a minor to be in any type of dangerous situation. Therefore, it is important to understand these child endangerment laws as they can be a bit vague. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Child abuse is one of the few felony offenses where a person is punished for not doing something. ignoring policies that result in elder abuse at a nursing home). Children that suffer from mental illness and behavioral problems, often resulting from abuse at the hands of natural parents, may claim abuse as an attempt to manipulate the system, get revenge, or seek attention. A partner or former spouse may also be trying to get an edge against you in a custody battle. Inconsistencies and contradictions made by the author of a report, such as the investigating social worker or a police officer. For #4, however, were focusing specifically on evidence we know would be helpful to your case. granddaughter newly arrived from South Africa after the death of her mother. No charges usually are filed, depending upon the state. Chronology/timeline of events that you should write out. This means it is designed to discourage improper parental conduct that can lead to harm or injury of the child. This is one of the few charges which can result in a termination of a defendants parental rights. Which seems like a lot until you realize child endangerment of the second degree could result in a fine of $150,000. Police and DCF are often wrong. Include your email address to get a message when this question is answered. Other evidence and witness statements that will help you respond to the allegations. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. WebDefining child abuse or neglect in State law Child abuse and neglect are defined by Federal and State laws.