Facing a child neglect charge can feel like your world is crumbling. One accusation can threaten your freedom, reputation, and relationship with your child. However, not every neglect case is as clear-cut as prosecutors claim. Were you struggling financially? Was there a misunderstanding? Were you falsely accused? California law recognizes that every situation is unique, and a strong defense can make all the difference. You do not have to face this alone. At the Law Offices of Anna R. Yum in San Diego, we fight for your rights and future. Contact our lawyers today to discuss your defense strategies.
An Overview of Child Neglect
California Penal Code 270 defines child neglect as failure to provide care, which occurs when parents willfully fail to provide necessary physical necessities like food, clothing, shelter, or medical care to their children. However, they have the financial ability to fulfill these needs.
PC 270 ensures parents take responsibility for the essential needs of their children. However, not all cases meet the criteria to be classified as child neglect. False accusations about child neglect often emerge from misunderstandings, court battles for custody, or financial challenges that make it difficult for parents to care for their children.
Elements of the Crime
The prosecution needs to establish beyond reasonable doubt that you meet all the following criteria to obtain a conviction:
- You are the child’s parent (biological, adoptive, or legally responsible).
- You failed to deliver vital physical necessities, including food, shelter, clothing, and medical treatment.
- You deliberately chose to act this way without any legal excuse (intentional and not accidental).
A conviction could lead to jail time, fines, and long-term consequences that threaten your parental rights, immigration status, and gun rights.
Definition of Terms
Physical Necessity
Physical necessities, according to PC 270, include the fundamental requirements that ensure your child’s well-being, such as:
- Sufficient nutrition, which supports child health, is one of the physical necessities.
- The child should wear clothing that protects them from weather conditions.
- A shelter that provides a safe home that does not contain any risks.
- Essential medical care includes standard clinical care or legally permitted alternative medical treatments.
Failing to provide these physical necessities to your child could result in criminal penalties. However, a parent demonstrating a genuine inability to purchase these essentials may argue a lack of financial culpability in court.
Willfully
A person is considered to have acted willfully, per California Penal Code 270, when they consciously decide to withhold basic necessities from their child. Being willful about neglecting your child does not automatically mean you intended harm or bad things toward your child.
As an example, Julie decides to spend money on luxury bags instead of buying food or medical care for her child when they do not have enough money. Here, Julie’s actions count as willful child neglect under the law.
When parents lose their employment and cannot purchase the necessities they need, the court would not find their failure to provide as willful. The prosecution must show that you possessed the capability to provide necessities yet decided against it to establish willful neglect instead of accidental circumstances.
Lawful Excuse
According to Penal Code 270, you can be exempt from facing charges when you provide legally accepted reasons for not supplying basic needs to children. A lawful excuse enables you to avoid conviction for child neglect.
Common lawful excuses include the following:
- The court cannot convict you of child neglect when financial difficulties prevent you from providing for your child. The court requires you to prove that you made reasonable attempts to secure help through government benefits, loans, and employment alternatives.
- The law permits parents in California to base their medical choices on spiritual healing practices that have legal recognition.
- You cannot be convicted when your child’s other guardian or parent keeps you from providing physical necessities. Custody battles and wrongful parent-child separation incidents can make you unable to provide for your child.
- A child’s legal emancipation can exempt you from all parental financial responsibilities toward them.
Defining “Child” and “Parent”
According to California Penal Code 270, a child includes anyone under 18. All parents must support their children financially from birth until they become adults through emancipation.
Even without physical child custody, you are legally required to provide basic necessities to your child.
Under the same law, a parent is legally obligated to care for their child. This includes:
- Biological parents: You are a biological parent if you birthed the child through natural conception.
- Adoptive parents: You are a parent to the child if you went through the adoption process to obtain the child.
- Legal guardian: If you assumed parental responsibility through court proceedings, you are a parent.
- A person who voluntarily takes on parental duties by caring for a child and providing financial support may acquire de facto parent status according to legal standards.
You are also a parent:
If you Cohabit or are Married to the Minor’s Mother
Under PC 270, you can be legally recognized as a parent to a child even if you did not give birth to them. Penal Code 270 makes you responsible for providing necessities to the child when you reside with the mother or are married to her.
The law can treat stepparents or long-term partners who care for children similarly to biological parents when they take on parental responsibilities. The law recognizes your paternity to a child if you consented to your spouse to undergo artificial insemination.
The law recognizes you as the child’s father even when your spouse becomes pregnant while having multiple sexual relationships. The law allows you to file a paternity suit to dispute fatherhood within the first 24 months after your child is born. If the DNA test results show that you are not a biological father, the court will remove your parental duties.
Even if You Have Divorced The Minor’s Mother
Under PC 270, divorce does not eliminate your parental duties. A legal separation does not eliminate child support obligations when a court maintains custody or responsibilities.
If the court establishes that you are the legal father or gives you a child support order, you must provide your child with food, shelter, clothing, and medical care even after your divorce becomes final. Having joint custody or visitation rights does not eliminate your financial responsibility to support your child’s basic needs.
However, you could challenge your parental responsibility after divorce by undertaking paternity tests or by proving you are financially challenged to take care of the child.
If You Adopt or Assume Legal Responsibility for a Minor
After lawfully adopting a child, you become responsible for providing their physical necessities, and you cannot refuse to take care of the child by arguing they are not your biological offspring.
Also, the court may recognize your duty to support the child when you voluntarily assume parental responsibilities, though no adoption occurred.
People Considered Not Parents Per PC 270
The legal definition of parent under California Penal Code 270 does not extend to all who care for or interact briefly with children. Under California Penal Code 270, only people who fulfill the legal definition of a parent can face criminal charges for neglecting basic child needs.
You are not obligated to provide physical necessities to a child if you are their:
- Friend.
- Acquaintances to the parents.
- Grandparent.
- Uncle.
- Aunt.
- Cousin.
- Temporary caregiver.
- Babysitter.
- Ex-partner.
Also, your duty to provide basic needs for children ends when the court terminates your legal parental responsibilities as an adoptive or foster parent.
Neglecting an Unborn Child
Penal Code 270 does not hold you criminally accountable for neglecting your unborn child even when paternity has been defined.
Legal Consequences for Child Neglect
Child neglect could result in misdemeanor charges. However, you could face a felony child neglect charge if there were any aggravating circumstances when you performed the crime.
Misdemeanor Child Neglect
You could face up to one year in county jail and fines of up to $2,000. You could also be punished by serving probation, attending mandatory parenting classes, or doing community service instead of jail time.
Felony Child Neglect
Upon conviction for felony child neglect, you could face up to one year and one day in prison and fines of up to $2000. You could also face stricter probation conditions.
Factors That Can Lead to Harsher Penalties
If you already have prior convictions for PC 270 violation, the court may elevate your charges to a felony.
If your actions of child neglect lead to serious harm or death to the minor, it could trigger additional charges of child endangerment (PC 273a), resulting in extended prison sentences. Refusing to follow a court order to provide support may trigger contempt of court charges that will result in criminal penalties.
There are specific situations that allow you to stay out of jail; they include:
- Paying overdue child support or providing necessary care.
- Negotiating a plea deal for probation instead of jail time.
- Proving financial incapability to support your child.
Immigration Consequences for Child Neglect
A PC 270 child neglect conviction could lead to severe immigration penalties that affect non-citizen residents. Your immigration status could be at risk when your child neglect conviction is classified as a crime of moral turpitude or child abuse.
If you are a green card holder, you could encounter problems when you try to renew your immigration status. Undocumented immigrants, on the other hand, face the danger of being detained by ICE and facing deportation proceedings. The risk of immigration consequences becomes greater when child neglect includes repeated neglect or harm to the child.
Effects of Child Neglect Conviction on Gun Rights
A PC 270 misdemeanor conviction does not restrict gun rights unless the case includes aggravating elements that could lead to a 10-year firearm ban from the court. A felony conviction under PC 270 could lead to the loss of your right to possess, own, or purchase a firearm permanently, according to both California state and federal gun laws.
Removal of A Neglected Child by Child Protection Service (CPS)
CPS will remove your child from your custody when they determine the child faces danger because of neglect. California treats child neglect as child abuse, which gives CPS permission to initiate investigations that could lead to protective measures.
CPS investigators will interrogate you and your child and communicate with teachers, medical professionals, and individuals who know the situation. CPS will initiate one of the following responses after determining that a child faces risky conditions.
- CPS will demand your participation in parenting courses alongside counseling and financial aid sessions but will allow your child to remain with you.
- CPS could place your child in protective custody with a relative or foster care until the court decides the steps to follow when they find serious risks of neglect.
- The court can permanently remove parental rights from a parent who repeatedly fails to provide basic necessities to their children or refuses to work with CPS.
Legal Defenses to PC 270 Violation Accusations
When facing child neglect charges under Penal Code 270, a solid legal defense strategy could help convince the judge to lower or dismiss your charges. It could also help prevent the loss of parental rights and immigration consequences.
The prosecution must prove beyond all reasonable doubt that you deliberately failed to provide physical necessities to your child without a lawful excuse. An experienced and qualified defense attorney fights child neglect allegations through multiple legal approaches. They include the following:
You are a Victim of False Accusations
Child neglect accusations often surface as divorce-related or custody-related disputes or personal conflicts between parties. Former partners, family members, and CPS workers sometimes fabricate neglect claims against you to secure court advantages or destroy your public image.
Your attorney should interrogate your accuser to reveal discrepancies in their testimony. The evidence from witness statements, text messages, emails, and CPS reports can show ulterior motives behind the false allegations.
Mandatory reporters such as doctors and teachers might have misinterpreted the circumstances that led to the accusations. With proper legal representation, your attorney can demonstrate wrongful accusations, which could lead to the dismissal of charges.
Mistake of Facts or Wrong Observation
The majority of child neglect cases develop because people misunderstand situations or make incorrect observations. People who notice a child’s appearance might make inaccurate assumptions about neglect without understanding the problem.
If your child mistakenly goes to school with worn-out clothes or falls sick and misses a day or two, this might lead to an investigation. This is so even if the parent continues to provide food, shelter, and medical care.
Also, a CPS worker who observes an empty refrigerator may report neglect, although they are unaware that the family buys groceries every day because of their financial difficulties.
Medical professionals may also mistake the health status of a child who is underweight or has untreated medical issues, even when the parents actively seek medical attention. Your defense attorney will present medical documents, financial records, and witness statements to prove you are not neglecting your child.
You do Not Have Legal Parental Obligation
Under PC 270, you are guilty of child neglect only when you have legal responsibility for the child. A person who does not hold biological or adoptive parent status toward the child does not carry legal responsibility for the child unless they officially take on parental obligations through legal means.
A boyfriend or fiance living with the child’s mother is not obligated to provide financial support unless they have formally adopted the child or legally assumed guardianship.
A man also remains free from child neglect liability when his paternity has not been legally recognized. The prosecution should provide DNA test results to establish paternity before securing a criminal conviction. Your attorney can also petition to dismiss neglect charges when you are not the child’s legal parent.
Your Actions Were not Purposeful or Wilful
California law exempts parents from punishment when their financial difficulties prevent them from caring for their children. The prosecution needs to show you could afford to care for your child, yet you deliberately refused to do so under PC 270.
A court will not consider your failure to provide as willful neglect when you lost your job, developed a disability, or faced economic problems. Your attorney can demonstrate your attempt to support your child by presenting pay stubs, unemployment records, and medical documents. They can also provide evidence of applying for jobs or public assistance programs.
Your attempt to receive support from family members and charities from religious organizations demonstrates that you were not intentionally neglectful. A lack of financial means is a valid defense under Penal Code 270 when you demonstrate attempts to fulfill your child’s needs despite economic difficulties.
Lawfully Allowed to Seek Non-conventional Medical Care
In California, parents are lawfully allowed to select medical treatments for their children, including those that stem from their religious or cultural practices. Religious reasons that lead you to decline conventional medical care can act as a legal defense against neglect charges. California law permits religious groups that practice faith-based healing to receive legal protection under specific conditions.
Parents who choose holistic medicine or natural treatments are not guilty of child neglect. Your legal representative will use expert opinions, religious teachings, and medical records to establish that your choice was grounded in acceptable beliefs and that you were not willfully neglecting the child’s medical needs.
However, the court may require that you pursue standard medical treatment when your child’s condition becomes severe because the law prioritizes the minor’s wellbeing.
Expungement of a Penal Code 270 Conviction
A Penal Code 270 child neglect conviction is eligible for PC 1203.4 expungement after you complete probation or serve your sentence without committing any new offenses.
An expungement process removes a conviction from your record so you can lawfully claim that you have never been convicted in most situations. However, your records will still show up in government agency records.
To qualify for expungement, you need to file a petition and show evidence demonstrating that you have been a lawful citizen since your conviction and have changed. The process does not restore gun rights or eliminate immigration consequences but enhances access to employment and housing opportunities.
Child Neglect and Related Offenses
Child Abuse
According to Penal Code 273d, child abuse happens when a guardian or parent willfully causes harm through inhumane punishment that leads to injuries.
Child abuse differs from neglect because it involves physical mistreatment instead of not providing basic necessities. A conviction for child abuse can result in felony or misdemeanor sentences that might lead to six years of imprisonment. An experienced lawyer can present evidence to support claims that accusations are false, that injuries are accidental, or that parental discipline is appropriate.
Child Endangerment
The California Penal Code 273a makes it illegal to place a child in dangerous situations, even without physical harm. The offense occurs when parents abandon their children in unsafe situations or neglect to safeguard them from potential harm.
The prosecution can file child neglect cases as PC 273a offenses when children face potential harm. The punishment for child endangerment depends on whether the charge is a misdemeanor or felony. Misdemeanor cases result in a maximum one-year jail sentence, while felony cases result in six years of imprisonment.
Failure to Supervise Child’s School Attendance
California PC 270.1a enables authorities to charge parents when their children miss many school sessions without proper justification. A parent who disregards school official warnings about truancy issues faces prosecution under this law.
Violating school attendance laws can lead to an infraction, but multiple offenses may result in misdemeanor charges, associated fines, and potential jail sentences.
Find a Criminal Defense Attorney Near Me
Penal Code 270 charges could result in severe outcomes, which include prison sentences, fines, and loss of child custody. However, not all accusations of child neglect are fair or based on the truth. Some allegations may stem from misunderstandings or revenge. With a solid legal defense, your charges could be reduced or dismissed. At the Law Offices of Anna R. Yum, we know the effects of a conviction on you and your family. Speak to our lawyers in San Diego at 619-493-3461 so that we can start working on your case.
