What Is Medical Neglect?

What Is Medical Neglect?A Certain Type of Neglect

Children can suffer from many types of neglect ranging from emotional neglect to physical and medical neglect. Medical neglect occurs when a parent or caregiver fails to provide a child with the medical or surgical care that is necessary to prevent injury or a life-threatening condition. Medical neglect is considered neglect for child welfare purposes and thus could warrant the involvement of child protective services.

Medical neglect is sometimes harder to define than other types of neglect. This is partly due to the fact that necessary medical and surgical care comes at a cost, and some parents don’t know how to obtain access to medical care for their child.

The One Exception

Situations, where the parent fails to provide necessary medical care due to the tenets of a recognized religion’s beliefs, are exempt from this law and are typically not considered child neglect. An exception is the failure to provide care where that inaction would pose a threat to others in terms of communicable diseases and sanitation. Vaccines are an example of medical care that could warrant a religious exemption, although the results of unvaccinated children have proven to be dangerous in New Jersey, which has seen particularly virulent outbreaks of communicable disease among school-aged children due to the leniency of the law.

If you are facing allegations of medical neglect, the DCP&P –New Jersey’s CPS agency—may ask you to accept certain services such as insurance and access to medical care for your child. In these types of cases, the DCP&P can provide relief for parents by connecting them with resources that can help them properly care for their child. If the parent refuses to accept services or provide the child with medical care after that point, caseworkers may have grounds to remove the child from the home until changes are made.

If you are facing allegations of medical neglect, speak with a knowledgeable New Jersey child welfare attorney with experience handling child neglect cases. An attorney can help you navigate your case and keep you informed of your rights along the way.

Facing allegations of child neglect can be stressful, but the knowledgeable attorneys at the Williams Law Group, LLC have the experience needed to defend your rights as a parent and protect your child’s best interests. Located in Short Hills, 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.

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