California Penal Code Section 270 PC: Failure To Provide Care/Child Neglect

California Penal Code Section 270 PC: Failure To Provide Care/Child Neglect

Child neglect laws in California aim to protect vulnerable children by requiring parents and guardians to provide basic necessities. Penal Code Section 270 PC makes it a crime to fail to provide food, clothing, shelter, medical care or other necessities to a child without lawful excuse.

This law applies to biological parents, adoptive parents, step-parents, legal guardians, or any other person who has care or custody of a child. It is intended to prevent situations where a child suffers or is at risk of suffering harm due to neglect.

What Does California Law Consider Child Neglect?

Under Penal Code 270 PC, child neglect is defined as willfully failing to provide a minor with necessary food, clothing, shelter, medical care or other necessities.

Some examples of child neglect include:

• Failing to provide adequate nutrition, resulting in malnourishment.
• Failing to provide weather-appropriate clothing, like coats in winter.
• Failing to provide safe and sanitary shelter.
• Failing to provide needed medical or dental care.
• Failing to provide a child with prescribed medications.

In determining whether neglect has occurred, courts will consider the totality of the circumstances. Relevant factors include the child’s age, any physical or mental disabilities, and the nature of the omission.

For example, an infant has much more demanding needs than an older, self-sufficient teenager. Leaving a baby unattended for long periods could easily constitute neglect, while leaving a teenager alone might not.

When Does Child Neglect Become Criminal?

Not all subpar parenting rises to the level of criminal liability. According to California case law, child neglect under Penal Code 270 PC requires:

1. A willful act or omission by the parent or guardian.
2. Resulting in a lack of one of the enumerated necessities for the child.
3. No lawful excuse for the lack of care.

Willfulness means the failure to provide care was intentional, not accidental. However, the parent does not need to maliciously withhold care from the child.

Lawful excuse includes things like financial inability to provide, if it is through no fault of the parent. But poverty alone does not automatically excuse neglect.

Penalties for Child Neglect in California

Child neglect under Penal Code 270 is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.

Misdemeanor Child Neglect

Misdemeanor child neglect is punishable by:

• Up to 1 year in county jail.
• A fine of up to $2,000.
• Informal probation.

Felony Child Neglect

Felony child neglect is punishable by:

• 16 months, 2 years or 3 years in state prison.
• A fine of up to $2,000.
• Formal probation.

Prosecutors typically charge felony child neglect when the neglect was severe or repetitive. Felony charges are also more likely when the defendant has a criminal record.

Legal Defenses to Child Neglect Charges

Common defenses to Penal Code 270 charges include:

• No willful failure to provide care – For example, you tried to provide necessities but were unable due to disability or other circumstances out of your control.
• Lawful excuse – You were financially unable to provide and it was not your fault, or you reasonably believed the child was being cared for by someone else.
• False allegations – The person who reported the neglect lied or exaggerated the circumstances.
• Lack of harm – You technically failed to provide something but the child did not suffer any harm as a result.

An experienced California criminal defense attorney can evaluate the details of your case and advise you on the best defense strategies.

Immigration Consequences of Penal Code 270 Convictions

A child neglect conviction can also lead to immigration consequences for non-citizen defendants. Charges under Penal Code 270 PC could trigger deportation if either:

• It is charged as an aggravated felony.
• You are convicted of more than one “crime of moral turpitude.”

Consulting with an attorney who understands immigration law is highly recommended to avoid severe consequences.

Getting a Child Neglect Conviction Expunged in California

Expungement is a process available in California to destroy, seal, and prevent disclosure of criminal records under certain circumstances. Getting a conviction expunged can help restore your rights and improve your job prospects.

You may be eligible for expungement of a misdemeanor child neglect conviction if:

• Your sentence did not include state prison.
• You successfully completed probation.
• You are not currently charged with another offense.

Felony child neglect convictions are not eligible for direct expungement. However, you can petition for a reduction to a misdemeanor first in order to open up expungement eligibility.

How a Child Neglect Conviction Impacts Gun Rights in California

Under California Penal Code 29805 PC, a misdemeanor conviction for child neglect will result in a 10-year state ban on owning or possessing firearms.

Felony child neglect convictions carry a lifetime prohibition on gun ownership in California.

Can Child Protective Services Remove a Child for Neglect?

Yes. In addition to potential criminal charges, evidence of child neglect can lead Child Protective Services (CPS) to initiate a civil dependency case in juvenile court.

If the court finds the allegations true, it can order things like:

• Removal of the child from the home.
• Parenting classes or counseling.
• Supervised visitation.
• Termination of parental rights in severe cases.

Having an attorney represent you in the dependency case is critical to avoid permanently losing custody of your child.

Speak with a California Criminal Defense Attorney Today

Being charged with child neglect under California Penal Code 270 PC can have devastating effects on your freedom, family, immigration status and future. An experienced criminal defense lawyer can help protect your rights at every stage of the case. For a free consultation, call today.