Child endangerment laws vary from state to state in their naming (child abuse, child neglect, neglectful supervision, etc.), definitions, and penalties (misdemeanor or felony, jail or probation). But parents, guardians, and other adult caregivers with responsibility for supervising children have an obligation to protect those children from unreasonably dangerous conditions.
Situations that may constitute child endangerment include (1) leaving a child unattended in a motor vehicle; (2) serving alcohol to an underage driver; (3) driving while intoxicated with a child in the motor vehicle; (4) leaving a young child unsupervised in an unsafe place or situation; (5) unreasonable punishment resulting in bodily injury (severe spanking, burning, extended isolation, etc.); (6) hiring a babysitter, nanny, or other adult supervisor with a known history of sexual or other abuse of children; (7) leaving firearms within the reach of children; (8) exposing a child to drug transactions or manufacturing; (9) exposing a child to pornography; (10) engaging in sexual activity in view of a child; and (11) placing or allowing a child to remain in a situation that may endanger the child’s life, physical health, mental health, emotional health, morals, or development.
Child endangerment laws are usually included in a state’s penal or criminal code (statutes)—which provide for the related criminal charges—and in a state’s family code (statutes) that address the civil (non-criminal) implications of child endangerment—often in the context of divorce and child custody matters.
Except in limited circumstances, federal laws generally do not apply to child endangerment matters that take place within a single state. Such criminal matters that take place within a single state are generally handled by state or local authorities and prosecuted under state laws. But if the endangerment of a child involves conduct or materials in multiple states, or occurs on federal lands (military bases, American Indian territories) the offense may be prosecuted under federal law.
In Oregon, child endangerment laws are codified under both criminal and civil statutes. Criminal child endangerment is addressed under Oregon Revised Statutes (ORS) 163.545, which defines the crime of Child Neglect in the Second Degree. This statute makes it a crime for a caregiver to leave a child unattended in situations where the child could be at risk of harm. Examples of such situations include leaving a child in a car unattended, driving under the influence with a child in the vehicle, or exposing a child to illegal drug activities. Penalties for child endangerment can range from misdemeanors to felonies, depending on the severity of the risk or harm to the child. Civil implications of child endangerment are often dealt with in family court, particularly in cases involving custody disputes, where a parent's behavior may be assessed for potential risk to the child's well-being. Federal laws may apply if the endangerment involves crossing state lines, federal land, or multiple states. However, most child endangerment cases are handled at the state level by local authorities.