Identifying Neglect
Child neglect is legally defined as the failure of a parent or caregiver to provide for a child’s minimum needs. This definition is vague and leaves room for interpretation. It is important to understand exactly what constitutes neglect, however, to be best able to identify genuine cases and protect children from it. In terms of child welfare, abuse and neglect occupy the same category: harm done to a child. Though child abuse and neglect are closely linked, neglect is a unique type of harm that is characterized, mainly, by what a parent or caregiver fails to do.
Parents, guardians, and other caregivers have a legal responsibility to provide for their child’s basic needs and thus protect them from harm. These needs may be basic, but they are essential for a child’s health, safety, and well being. A child’s basic needs include:
- Adequate food and clothing
- Adequate supervision
- A safe home environment
- Necessary medical care
- Education, as required by law
- Freedom from abuse
- Emotional needs, such as attention and intervention with destructive behavior
It is important to understand just what constitutes neglect so you can recognize genuine instances. A child who is neglected may:
- Have poor hygiene
- Be malnourished
- Not have appropriate clothing
- Is in need of necessary medical care
- Exhibit destructive behavior, such as drug or alcohol use
- Be at substantial risk of any of these conditions
As you can see, there are many different ways you can neglect a child. But it is important to understand that certain isolated instances of failing to provide for one of these needs may not necessarily constitute neglect. And a parent who fails to fully provide for a basic need at one time or another isn’t necessarily neglectful. The parent may simply need help with providing for those needs, and, in some cases, the state child welfare agency can provide a parent with that help.
Speak with an experienced New Jersey child welfare attorney if you are facing child neglect allegations. Child neglect is a complex issue, and one that is frequently falsely reported. An attorney can help you navigate the child welfare case process and help you defend yourself against unfair allegations of neglect. You may also need the help of an attorney in negotiating a safety plan with the Division of Child Protection and Permanency if there is a genuine concern for neglect.
If you are involved in a child welfare case, the Williams Law Group, LLC can help you. Our skilled child welfare attorneys can help ensure your rights are protected while keeping your child safe. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.