Description

The crime of Failure to Provide Child Care (Child Neglect) is when a parent of a minor child willfully omits, without a lawful excuse, to furnish necessary clothing, food, shelter or medical attendance or other remedial care for his child. A parent is not relieved of criminal liability for such omission regardless of legal custody of the child. In fact, abandonment or desertion of a child is evidence of omission to furnish necessary clothing, food and shelter. Often absentee parents are unaware of or blocked from gaining information about child neglect. Willful knowledge of the neglect is an element of prosecution. Financial condition may be a “”lawful excuse”” for failing to provide care unless money was spent on other things or the defendant/s failed to look for work. Parents who choose faith healing over medical help for a child may not be charged with Child Neglect, but may be charged with Child Endangerment if the child dies. Examples of Child Neglect are a father hears, or knows, his ex-wife has a drug addition and fails to provide food for their child, and does nothing or a mother spends money on entertainment for herself but her child does not have food or warm clothes.

What does the prosecutor have to prove?

1. Defendant was the parent of a minor child.
2. Defendant willfully and without excuse omitted to furnish the child necessary clothing, food, shelter or medical attendance or other remedial care.
3. A child conceived but not yet born is deemed an existing person under the foregoing instruction.

Punishment

Felony: 1year/1year/1year
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No