The Crime of Child Neglect
Child neglect is a misdemeanor crime in Maryland. The law prohibits parents, family members, and other adults in the home who have care or responsibility for a child, or any other person who has care or custody or responsibility for the supervision of a child from neglecting the child.
How to Prevent Abuse & Neglect from the Maryland Courts
Child neglect is defined in three parts as follows:
- An intentional failure;
- To provide for the physical needs or mental health of a minor;
- That creates a substantial risk of harm.
People who are covered by this section include not only the parent’s child or family members, but also those who have permanent or temporary care or responsibility for supervising the child. This includes a court-appointed guardian, a soccer coach, a school teacher, a music teacher, or any other person responsible for watching or caring for the child.
The law specifically excludes cases where the needs of a minor are not met solely because the person caring for the child does not have enough money to pay for everything the child needs.
Read the law: Md. Code, Criminal Law § 3-602.1
Signs of Neglect from the Maryland Courts
Reporting
Health practitioners, police officers, educators, and human service workers have a duty to make an oral and written report of suspected instances of child neglect to the local Department of Social Services. If an agency participating in the investigation has reason to believe that someone knowingly failed to report the neglect, they must file a complaint against them.
Other persons must make either an oral or written report to the local Department of Social Services when he or she suspects child neglect, unless the person learns of the child neglect through privileged communication. Learn more about reporting suspected child abuse or neglect to Child Protective Services.
The law provides immunity from civil liability and criminal penalty to a person who has made the report in good faith, with exceptions (e.g., report made in bad faith, someone who reports his or her own conduct of neglect or abuse).
Read the law: Md. Code, Family Law § 5-704 and § 5-708
Responding to Abuse or Neglect from the Maryland Courts
Penalty
A person convicted of child neglect is subject to a prison sentence of up to 5 years or a fine of up to $5,000 or both.
Read the law: Md. Code, Criminal Law § 3-602.1
Child Welfare – A 3-Part Series from the Maryland Courts
This series is for parents whose children have been removed from the family home. These videos offer a guide to the court process in child welfare cases, including the court hearings likely to take place and the people involved in these cases.