Being accused of child neglect can destroy your reputation and result in enduring criminal penalties. California judges and prosecutors take strong stances against violating PC 270 and impose hefty fines and lengthy incarceration duration. Consequently, these cases should be handled by an experienced legal team that can review your criminal charges, develop the most effective legal defense, represent you in court, and fight for your rights and freedom.

Defining Child Neglect

Per PC 270, child neglect happens when a legal guardian or parent willfully fails to offer necessities to a minor.

While child neglect differs from maltreatment, physical abuse, domestic violence, emotional abuse, and sexual abuse, neglect can adversely impact a minor’s well-being, general health, welfare, and mental health. The absence of emotional support and supervision, among other forms of maltreatment by relatives, are risk factors for the juvenile to develop impairments like substance abuse challenges and mental health conditions.  

Before your conviction, the judge should demonstrate the following elements of the crime beyond any reasonable doubt:

  • You were the minor child’s parent.
  • You refused to offer a basic necessity to the juvenile.
  • Your failure was intentional, and there were no grounds for a legal excuse.

Under PC 270, a necessity includes basic needs like remedial care, medical attention, food, clothing, and shelter.

The legal term willful means you engaged in the behavior willingly, deliberately, and on purpose. Please note that a deliberate failure to act differs from something done negligently.

Parent and Minor

A minor is an individual below 18.

PC 270 also safeguards unborn children/fetuses. In other words, you are required to offer necessities to your unborn child.

"Parent” is an umbrella term that includes the following:

  • Adoptive parent
  • Foster care parent
  • A child’s legal parent
  • Any other individual who themselves out as a parent

Moreover, it also applies to the spouse of a woman who delivers while the spouse still stays with her.

A person is a child’s parent, even if they have never seen the child or met them since birth.

A parent is not a person without parental obligations or rights with the juvenile following a court’s declaration. Perfect examples include caregivers and former foster parents.

You do not have to be married or dating the juvenile’s other parent to be a parent. According to PC 270, even one-night stands could result in parental obligations.

So, what occurs if you are not the baby’s biological father? A person is considered the juvenile’s parent even when their wife had an extramarital affair. Nonetheless, they are not the father if:

  • Either the person or their spouse brings a paternity lawsuit two years following the child’s birth, and
  • The court rules they are not the father.

Lawful Excuse

The law expects you, as a guardian or parent, to reasonably offer any necessity to your children.

A parent has a valid excuse for not doing so if it is not their fault. For instance, if they cannot earn sufficient money, they have no property or any other source of income to cater to their child’s needs.

On the other hand, the law does not consider a valid excuse if you:

  • Irrationally spent money on something other than your baby
  • Failed to look for employment

Penalties and Criminal Consequences of Violating PC 270

Generally, a violation of PC 270 is a misdemeanor that attracts the following maximum penalties:

  • One year in county jail
  • A two-thousand dollar fine

Occasionally, prosecutors file PC 270 as a felony. It happens when a person fails to offer care upon the court deciding they are a parent. An example is when a man refuses to provide a child’s necessities after the court in a paternity lawsuit decides the person is the child’s father.

A felony carries the following penalties: 

  • Fines not exceeding two thousand dollars
  • A year in jail
  • A year plus a day in California state prison

A felony conviction can also negatively affect your gun rights. According to California law, a felon should not possess, own, or buy a firearm.

Child neglect is not a crime involving moral turpitude and will not result in you being marked as inadmissible or deported as an immigrant.

Child Protective Services (CPS) Could Remove the Minor

California’s CPS could remove an abused child from their home. According to this agency, abuse happens when a caretaker or parent who fails to offer enough clothing, food, medical supervision/care, and shelter neglects a child.

Before the removal, the agency will attempt to offer support to keep the juvenile in their home. However, if CPS determines that the minor cannot remain in your home even after giving support, it will arrange a foster placement.

How to Fight Your Criminal Charges

To beat child neglect criminal charges, you need a lawyer to collect and analyze your case's facts, your arrest’s nature, the origin of the accusations, and the proof against you. The prosecutor has the burden to prove the elements of the crime beyond a reasonable doubt. Therefore, your attorney should leave no stone unturned and strategically call the case facts into question to have your charges reduced or even dismissed.

Common defenses include the following:

You Did Not Act Willfully

You are guilty of PC 270 if you intentionally fail to offer the necessities. Therefore, it could be a legal defense to claim that although you did not provide the necessities, it was not on purpose.

For instance, you abruptly lost your job and had no money to meet your child’s needs.

Mistake of Fact

You could be wrongly accused of Penal Code 270 on the basis of a mistake of fact. It could happen after a mandated reporter notices a sign indicating child neglect. Some of the experts required to report suspected neglect include school administrators, the clergy, teachers, healthcare providers, and social workers.

If any of these categories of individuals fail to report the matter, they risk facing a misdemeanor. Consequently, these person(s) will report even the slightest suspicion.

Your attorney can help you fight the charges by presenting evidence of the care you provided to the child or an attempt to offer the care if you are a non-custodial parent.

You Were Lawfully Excused from Obtaining Medical Care

Not all people believe in traditional medical attention. According to PC 270, you could first obtain alternative remedial care for a juvenile, like faith healing, as long as:

  • Your church or religious organization recognizes the profession.
  • The church or religious organization is recognized
  • Your child is not close to death or severely ill.

If your child’s life is threatened or becomes seriously sick, you are legally required to obtain medical care, regardless of religious beliefs. Failing to act so could lead to involuntary manslaughter or child endangerment felony criminal charges.

The Juvenile is Not Your Child

If a person is legally the baby’s parent, they are obligated to take care of the child. They are not the minor’s parent if:

  • This baby was delivered while their mother was married to somebody else.
  • Somebody else lawfully adopted the minor.
  • An individual is not the juvenile’s biological parent, and the minor was not conceived via artificial insemination, or this child was conceived via artificial insemination but without their consent.

You Could Not Afford Providing the Necessities

For this legal defense to be valid, there should be an absence of financial means you have not caused. You should prioritize the baby’s needs and look for employment.

Your defense attorney could fight the charges by arguing that:

  • You were sick.
  • While you might be working, you did not have adequate money to provide these necessities.
  • You were unable to secure employment or enough work despite trying

On the other hand, the following are invalid reasons for PC 270:

  • You spent money to take your new partner on a vacation.
  • You did not take your daughter to their dentist’s appointment because you went to buy a new motor vehicle.
  • You thought the available jobs were beneath you.

You Were Falsely Accused

No parent is immune to PC 270 charges.

It could be a custodial parent seeking money from a non-custodial parent after divorce. Your ex-spouse could also file these charges out of vengeance, jealousy, or anger. Your defense attorney should review the case facts and fight the charges for you.  

Related Crimes

The section below discusses crimes associated with PC 270. The prosecutor can file them instead of or parallel to child neglect.

Child Abuse

PC 273d defines child abuse as willfully inflicting on a juvenile injuries or inhuman/brutal corporal punishment causing a traumatic condition. An example is slapping a minor hard and leaving a mark on their face.

Child abuse differs from child neglect in that the latter does not require disfigurement or physical injuries on the juvenile.

Child abuse is charged as a California wobbler (the prosecutor can file the crime either as a felony or misdemeanor, depending on the case facts). A misdemeanor is punishable by a one-year jail sentence, summary probation, and a fine of $6,000. On the contrary, a felony carries formal probation, $6,000 in fines, and up to 6 (six) years in county jail.

Child Endangerment

Per PC 273a, child endangerment is deliberately placing a minor in a situation that threatens their health and safety. It entails exposing the juvenile to threats, suffering, or unjustifiable pain. It is not a must that the minor experience physical harm.

The crime is a wobbler. A California misdemeanor carries six months in jail, one thousand dollars in fines, and misdemeanor probation. On the other hand, a felony attracts $10,000 in fines and six years in state prison.

Failure to Supervise a Child’s School Attendance

PC 270.1 makes it illegal for a guardian or parent to fail to offer reasonable enforcement or supervision of their children’s school attendance. It applies to juveniles above six years between grades K and 8.

The crime is a misdemeanor that attracts $2,000 in fines and a year in jail. Per this PC 270.1, you can get a deferred entry of the judgment program. The program could permit you to avoid a conviction as long as you meet specific conditions, like completing:

  • Substance abuse treatment
  • Parenting classes

Steps to Take If Charged with PC 270

If you are facing prosecution for child neglect, you should do the following:

Exercise Your Entitlement to Remain Silent

The police can use whatever you tell them after your arrest against you. The US Constitution provides you with the right to remain silent, protecting you from self-incrimination.

You should stay silent even when you are innocent. Most individuals believe they can clear the matter by explaining. Your information could result in the police suspecting you and might attempt to confuse you with questions to produce inconsistent or incriminating responses.

Clarity is critical when executing this right. You should make concise and unambiguous statements to the questioning police officer, like:

  • “I want to invoke my right to remain silent.”
  • “I want to speak to my criminal defense attorney.”

The law enforcer should stop the interrogations immediately after you invoke your rights. A violation could result in the court dismissing every statement you made afterwards.

Please note that keeping quiet and failing to speak is not exercising your rights. Sometimes, failing to respond to questions that merit responses could be used against you in court if you have not pleaded your rights beforehand. 

Do Not Post Your Bail Before Discussing the Matter With Your Lawyer

Many people commit the mistake of posting bail for a family member or friend immediately after an arrest. It is unwise, especially if the offense is a felony criminal charge.

You should first discuss your case with your attorney for them to:

  • Review all the case facts and determine if the court could lower your bail amount or release you on your own recognizance (without paying bail).
  • Advise whether the judge can drop your criminal charges during your arraignment (the initial court hearing after your arrest).
  • Determine if the court will raise the bail amount during your arraignment because if that happens, the police will return you to their custody.

Be Honest With Your Lawyer

Your attorney must know the exact details regarding your case because it will assist them in preparing for the case and establishing the appropriate defense. Therefore, you must be honest with your attorney throughout your criminal process.

Note that whatever you disclose to your attorney is confidential. If they reveal the details of your case to another party, they risk facing disciplinary action, including losing their professional license.

Show Up For Your Court Dates

You must honor all your court dates. The law requires you to be aware of all your court dates and attend them.

Partner with your lawyer to develop a calendar of the court dates. Setting alarms and reminders can also be instrumental. Failure to honor your court hearings could result in the court issuing an arrest warrant against you.

Compile Your List of Potential Witnesses

Write down the contact details and names of all individuals who could support your defense. Remember also to collect the names and contact details of individuals who claim to have seen the alleged offense occur. Your lawyer should be able to interview every witness and confirm if their version of events matches yours.

What Occurs After a Person Files a PC 270 Violation Report Against You

Unlike victims of many criminal activities, often it is not the affected minor that reports the child neglect. Typically, a third party observes or hears something from the juvenile and feels compelled or obligated to report it to CPS. From there, investigations begin.

Here is what occurs after a person files a PC 270 report against you:

Reviewing of the Report

Once a PC 270 violation report is filed, the police and CPS will determine if they should investigate it.

Once the CPS and police decide the report indicates child neglect, they must investigate the report within the specified duration. In some instances, these authorities can conduct preliminary investigations to gather more information and ascertain if there is evidence to proceed with their investigations.

Who Is Involved in the Case Investigations?

Law enforcement agents or Child Protection Services conduct the investigations. Other experts who participate can include doctors, therapists, and social workers. Interviews can be scheduled with non-offending parents and the minor.

What Takes Place Once the Investigations Prove Child Neglect?

If the investigations prove you violated Penal Code Section 270, action will be taken to safeguard the baby. The Child Protective Services could decide the follow-up measures like:

  • A counseling program for your baby
  • Continuous support and supervision

Find a Criminal Defense Attorney Near Me

If you are charged with child neglect, you might have many questions running through your mind. How will the turn of events affect your parent-child relationship? How will a conviction impact your future? If found guilty, these questions will not have good answers; a conviction carries severe penalties. Therefore, hiring a skilled attorney who aggressively fights for your freedom, rights, and life is crucial.

At Los Angeles Criminal Attorney, we recognize how life-altering child neglect criminal charges can be. We can meet the allegation with a proactive, diligent approach centered on fighting for your freedom, life, reputation, and constitutional rights. Our skilled team can guide you throughout the legal process, collect case evidence, investigate the charges, and represent you in court. Please contact us at 424-333-0943 to book your free consultation and learn how we can help you.