Child abandonment can take on many forms, from physically abandoning a child, like deserting a child or leaving them in a public place, to emotional abandonment. Depending on the circumstances of the child abandonment, the parents could face consequences like changed custody agreements, misdemeanor or felony charges, and jail time.
What Is the Legal Definition of Child Abandonment
The law has a very broad definition of child abandonment so that the court can weigh up the particular circumstances of the case. These are some examples of situations where the parent has been charged with child abandonment:
- An unwillingness to supervise, care for or support the child
- Minimal efforts to communicate with and provide emotional support to the child
- Failing to regularly visit the child for six months or more
- Leaving the child with someone else without any communication with the child or making provisions to support the child for three months or more
- Abandoning an infant on the side of the road, on a doorstep of a church or stranger’s house, or in trash cans or public toilets
- Failing to respond to CPS or notices of proceedings to do with the child
- Leaving home for long enough to cause risk to the child left alone
- Failing to participate in a reasonable program to reunite with the child
Child Abandonment Laws
Every state has different child abandonment laws. In some states, they fall under child abuse laws; in others, there are specific laws for child abandonment.
Most states would class physical child abandonment as a felony and non-physical child abandonment as a misdemeanor. Examples of non-physical child abandonment include not providing for the emotional needs of a child or acting with disregard for the safety and welfare of the child.
Mandatory Reporting
State laws require people in certain roles to report child abandonment just as they have a duty to report child abuse. These are people who hold certain roles or job titles. Check your state laws for the list of mandatory reporters, but nurses, social workers, and teachers are among the list of mandatory reporters.
Safe Haven Laws
Most states have a safe haven law that allows an exception so that parents can abandon infants in places where they will receive care. These include places like churches, fire stations, and hospitals. Parents who do this will not be charged with child abandonment because they did not risk the health and safety of the child.
Is Leaving a Child Home Alone Child Abandonment?
Every state will offer legal guidance as to the age where children can be left home alone without it being considered child abandonment. Though in some cases, extenuating circumstances may create a child abandonment charge. The court may also consider dropping child abandonment charges if the parent suffers illness or economic hardship that made it necessary to leave the child home alone.
What Are the Penalties For Child Abandonment
The law leaves the penalties for child abandonment to the court’s discretion and provides wide sentencing guidelines. Depending on the circumstances of the case and whether the charge is a misdemeanor or felony, the parent may face the following penalties:
- Supervised access to the child
- Loss of parental rights
- Fines
- Incarceration
If the child dies because of child abandonment, the defendant might be charged with reckless abandonment, which carries higher penalties.