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 Oregon, child neglect is addressed under both criminal and civil statutes. Criminal child neglect can result in misdemeanor or felony charges, depending on the severity of the neglect. Oregon Revised Statutes (ORS) 163.545, for example, defines child neglect in the second degree as leaving a child unattended in a place where the child's health or welfare could be endangered. More severe cases, such as those involving serious physical injury or repeated neglect, may be prosecuted under ORS 163.547, which covers child neglect in the first degree, a Class B felony. Civil implications of child neglect are typically handled in the context of family law, particularly in matters of child custody and welfare. The Department of Human Services (DHS) in Oregon plays a significant role in investigating reports of child neglect and may intervene to protect the child's welfare, which can include removing the child from the home if necessary. It is important for parents, guardians, and caregivers to understand that failing to provide necessary care, exposing children to dangerous situations, or allowing them to be in environments that could harm their physical or mental health can lead to serious legal consequences under Oregon law.