46.3812 Child neglect

Print This

(a) A parent, guardian, or other person legally charged with the care or custody of a child is guilty of “Neglect or Child Neglect” if he purposely or knowingly:
(1) fails or refuses to provide a child with necessary food, clothing, shelter, mental health, guidance, or well being;
(2) fails to provide the necessary education to a child as required by 16.0302;
(3) fails to protect a child from conditions or actions that seriously endanger or can be injurious to a child’s physical, mental, or emotional health;
(4) fails to provide the necessary supervision or childcare arrangements for a child;
(5) uses an illegal substance while pregnant, as may be evidenced by the presence of illegal substance in the child’s or mother’s bodily fluids or bodily substances, withdrawal symptoms in the child at birth, or medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance; or
(6) abandons or ceases providing care for a child without making appropriate provisions for substitute care.
(b) A parent, guardian, or other person legally charged with the care or custody of a child is guilty of Child Neglect if he knowingly allows another to mistreat or abuse a child through acts prohibited in paragraphs 1 through 6 above, and he is reasonably able to prevent it from occurring.
(c) Child neglect is a Class A misdemeanor.
History: 2014, PL 33-10 § 18.