NCJ Number
152960
Journal
American Journal of Family Law Volume: 7 Issue: 4 Dated: (Winter 1993) Pages: 207-216
Date Published
1993
Length
10 pages
Annotation
Child neglect is discussed.
Abstract
This article provides a comprehensive review of the statutory scheme regarding child neglect and proposes a new uniform definition of neglect. Grounds for neglect in the 50 States are presented in tabular form. The author points out that many States have developed multiple definitions of neglect, resulting in the subject of a neglect action in one state not being the subject of a neglect proceeding in another. The resulting lack of uniformity in the neglect definition creates the difficulty in understanding what actions or omissions constitute neglect. The author urges that the terms abuse and neglect are as different as intentional tort and negligence, both with specific meanings that cannot, and should not, be combined into one term. Twenty-four States combine these definitions, usually listing instances of neglect and abuse together under one heading. A State-by-State breakdown of terms defining neglect is provided. The author offers Wyoming's and Minnesota's statutory definitions of neglect as models upon which to base a uniform definition. Alternatively, a proposal to the National Conference of Commissioners on Uniform State Laws could take the best of the existing statutory schemes and seek to satisfy all existing State definitions. The author presents a definition based on a review of current statutory schemes for consideration. An appendix containing a list of primary neglect statutes in the 50 States is included. Endnotes