Maryland can't define "child neglect" like rest of country. Problems ensue. - Lawyer Blog - Los Angeles Lawyer - Adam Michael Sacks, Esq.
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Friday, March 12, 2010

Maryland can't define "child neglect" like rest of country. Problems ensue.

This may come as a surprise to some of you, but there's actually a state out there that has not yet been able to come up with a clearly defined law regarding child neglect...and that state is Maryland.

Maryland has child abuse laws. But not child neglect laws. Take for instance the case of a child who swallowed and entire bottle of Tylenol and the parents waited several days before seeking medical attention. Miraculously, the child survived with no harm done, but because of that, the parents were not prosecuted with anything. Child abuse laws in Maryland state that a child must be harmed in order for prosecution to take place. That means it's perfectly acceptable for heroine-addicted Mommy to go out partying late at night, leaving the kids to their lonesome. Sort of.

Right now, the CINA (Child In Need of Assistance) family law code allows the state to remove children from a pattern of neglect, and leave the parents with a misdemeanor. A pair of bills are headed before the General Assembly to make child neglect a felony. Apparently, Maryland has more rigorous and punishable animal neglect laws than it does child neglect laws.

There is some discrepancy as to whether the bill to make child neglect a felony is a good or a bad move. A previous bill didn't make it through the assembly because child-welfare advocates were concerned that neglect due to circumstances out of a parent's control, like not having the financial resources available to care for their children. The new bill, would take into account poverty and religious beliefs. However, Julie Drake, division chief of the felony family violence division of the Baltimore City State's Attorneys Office, isn't so hyped about the new bill. She was the prosecutor in a case where a one year old child was withheld food and water because he refused to say "amen." That's second degree murder down to the "t". But this new bill would have given that family an easy defense.

Child Welfare advocates want to be able to help families, not tear them apart with felonies. For instance, if neglectful parents are that way due to substance addictions, rehabilitation would be a better route than throwing the guardian in jail. Unfortunately, at the moment, in Maryland you can get thrown in jail for neglecting your dog, but not your child.

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