Child neglect laws vary from state to state in their naming (child abuse, child neglect, child endangerment, 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 neglect include (1) failing to ensure the child receives necessary medical care; (2) failing to provide the child with food, clothing, and shelter; (3) leaving a child unattended in a motor vehicle; (3) serving alcohol to an underage driver; (4) driving while intoxicated with a child in the motor vehicle; (5) leaving a young child unsupervised in an unsafe place or situation; (6) unreasonable punishment resulting in bodily injury (severe spanking, burning, extended isolation, etc.); (7) hiring a babysitter, nanny, or other adult supervisor with a known history of sexual or other abuse of children; (8) leaving firearms within the reach of children; (9) exposing a child to drug transactions or manufacturing; (10) exposing a child to pornography; (11) engaging in sexual activity in view of a child; and (12) 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 neglect 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 neglect—often in the context of divorce and child custody matters.

Except in limited circumstances, federal laws generally do not apply to child neglect 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 neglect 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 North Dakota, child neglect is addressed under the state's penal code as well as in family law statutes. Child neglect is defined as a form of child abuse and includes a range of actions or failures to act that endanger a child's physical or emotional health and development. This can include failing to provide necessary medical care, food, clothing, and shelter, leaving a child unattended in a vehicle, serving alcohol to an underage driver, driving while intoxicated with a child in the car, leaving a child unsupervised in an unsafe situation, and exposing a child to drug activities or pornography, among others. Penalties for child neglect in North Dakota can vary, potentially being classified as either a misdemeanor or a felony, depending on the severity of the neglect, with consequences ranging from probation to imprisonment. While most child neglect cases are handled at the state level, federal law may apply if the neglect involves activities across state lines or occurs on federal lands. An attorney specializing in family law or criminal law can provide specific guidance on the implications of child neglect in North Dakota.