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Identifying child neglect
Preventing neglect
Protection from neglect
Sentencing neglect
PacisLexis Family Law
Child neglect lawyer
For some parents it may be difficult to care of a minor child. There are many forms of neglect, and it can happen at any age. Parents can’t provide for or meet a child’s basic needs and it includes food, clothing, medical care or supervision.
Sometimes a parent might not be aware that they can’t meet a child’s needs or don’t simply have the skills necessary for good parenting. For them, the child is not in danger. Legally speaking, it doesn’t matter if they are aware or not that they are neglecting their child(ren).
This article on child neglect identifies the factors leading a parent to neglect their child’s needs. The prevention of child neglect, the protection of the minor child, and the condemnation of such behaviours will then be detailed.
Do you want to report a dangerous situation and protect your minor child? Are you accused of child neglect? Contact our family law firm. We will support you with competence, responsiveness, and empathy.
Child neglect lawyer
Identifying child neglect
What is child neglect?
Neglect is the persistent failure to meet a child’s basic psychological and physical needs such as providing food, clothing and home, supervision or appropriate medical care or treatment.
Parents might or are physically and/or mentally unable to care for a child or only unresponsive to a child’s needs.
Child neglect is a complicated form of abuse coming from a lack of knowledge from the parents or carers, lack of money and/or intentional.
What is the difference between child abuse and child neglect?
Child neglect is a form of child abuse. Abuse is more defined as a violation of a child’s human and civil rights by any other person which may result in significant harm.
With child neglect, signs are not always obvious.
However, whatever it’s neglect or abuse, both can inflict as much damage.
Neglect is a failure to meet basic needs. Among basic needs, we can relate:
- Medical neglect
- Emotional neglect
- Physical neglect (such as dirty clothes for example)
- Educational neglect
- Nutritional neglect
- Lack of supervision
How to spot signs of child neglect?
Signs of a child being neglected may vary according to the type of the neglect and/or abuse inflicted and can be really difficult to spot.
Children who are neglected might:
- Have poor appearance and hygiene: being smelly and/or dirty, having dirty or wrong clothes, unbathed, unwashed hair, noticeable body smells.
- Have Anaemia or weight issues: being underweight, growth issues, dehydration signs, overweight…
- Have medical neglect: untreated illnesses and physical injuries
- Be frequently late or missing from school
- Be frequently unsupervised or left alone or allowed to play in unsafe situations
- Be anxious, extremely compliant, demanding, aggressive, behavioural changes.
Why does neglect happen?
Neglect can happen for many reasons and in many families and there are some factors that make children more susceptible to neglect.
- Financial issues: when the parents are struggling to pay the bills, such as providing food, clothes and shelter, children are not a priority anymore. This can lead to neglect.
- Alcohol and drug abuse, mental or physical illness: children living with parents with alcohol or drug issues can be more at risk of neglect. Parents with mental illness or disability can care and support their children but some can struggle.
- Lack of support: Sometimes parents don’t have support from family, friends and neighbours putting their children at a risk of neglect. When a parent is jailed for example, the child’s future is in question. An educational assistance or putting the child in foster care can be a solution.
- Housing and family issues: living in an unsuitable home environment or taking on the role of carer other family members can lead to neglect. By unsuitable environment we can have a house with too many people living together, insecurity, no heating system…
Impact of neglect
Neglect is a form of abuse. Neglect changes childhood. Neglect leads to issues.
- Nutritional neglect can lead to nutritional deficiencies, growth and health issues.
- Medical neglect can result in illnesses and medical complications.
- Emotional neglect can lead to mental health issues, behaviour disorders and relationship issues.
- safety neglect can cause accidents, injuries and trauma.
- Educational neglect can result in learning difficulties, social issues…
Child neglect lawyer
Preventing neglect
Reporting neglect
Anyone can become aware of information suggesting that neglect is happening.
Here are some steps to prevent neglect:
- If you’re a professional, such as a GP, health or social carer you have to report any concerns to your line manager or to the French social authority of your county.
- If you’re a parent, a family member ou a friend, you could report any concerns to the French social authority of your county.
When you report any concerns, it’s important to remain calm and objective. If possible, follow these advice:
- Provide as many details as you can regarding the situation but avoid to be judgmental and making assumptions.
- If the child is in great danger, call the police or the emergency services.
- Be available if the child wants to speak or to ask questions.
- Follow the social authority instructions.
- Make sure to respect the confidentiality of the child and their family. Do not share sensitive information with individuals who do not need it.
- Seek support from a professional: If you are upset or troubled by the situation, don’t hesitate to get support for yourself by speaking with a mental health professional or counsellor.
Shall I report my concerns despite I don’t know the neglected child?
Yes and you must!
In France, it’s a legal requirement on those working or not with children to report either known or suspected child neglect.
If you’re a GP and spots neglect, you have to report it immediately.
The French criminal law code Article 434-3 mentions that anyone who becomes aware of a crime or offense is required to report it to legal and competent authorities.
It’s three-year imprisonment and a fine of €45,000 penalty not to report a danger.
The penalty is even worse when the perpetrator is a professional, a social carer, a GP, a teacher or a social worker and any other person related to the children.
How to report neglect?
In France, duty to act imposes a legal requirement divided into 2 different stages, flagging neglect and reporting neglect.
Flagging does not involve a proof of neglect or abuse.
The French civil code article 226-3 mentions the T&Cs related to reporting concerns. An individual is allowed to flag a situation at risk involving a child by collecting information from different sources such as, health professionals, social workers or carers etc. The main goal is to evaluate the situation and to assess if taking further actions is necessary.
In such a process there are 4 steps:
- Collecting the information
- Assessing the information
- Filing the information to legal authorities (CRIP in France)
- Assessing the situation to take actions.
In France regarding the criminal law article 226-14 reporting is a legal act when a situation at risk and to evidence it. Reporting concerns in France involves an individual’s responsibility. Taking actions is the next step after reporting the issue.
Next steps after reporting neglect
After reporting any concerns, legal authorities must investigate and assess the situation to determine which measures should be taken to protect the child.
Legal measures can be taken such as putting the child in foster care, educational assistance or in very serious cases, legal proceedings to take the child from their parents.
Child neglect lawyer
Protection from neglect
How to protect a child from neglect?
After identifying a child who is at risk of harm is to take action to protect the child.
Depending on the seriousness of the situation, several actions can be taken to protect the child from neglect.
If the child is or is about to suffer significant harm, the court can serve a protection order and a social worker can collect the child and take them to a safe place. Legal measures can also be taken such as withdrawing parental responsibilities.
How a court can decide on a protection order?
The judge will serve a protection order based on the child’s best interests. The court will assess the situation regarding the parent’s circumstances and the child’s ones.
In France, what are the two types of parental responsibility withdrawal?
When withdrawing parental responsibility, there are 2 distinctions within the French legal system.
- The partial or temporary withdrawal of parental responsibility: regarding neglect, a court can withdraw parental responsibility regarding some aspects of the child’s life such as healthcare or educational decisions.
- The permanent withdrawal of parental responsibility which is a more severe measure.
This type of withdrawal occurs in serious neglect or abuse situations.
Child neglect lawyer
Sentencing neglect
What are the criminal sanctions for neglect?
The offence is triable either-way with a penalty of 7 years imprisonment and a fine of €100,000 for neglect of a child under 15 years old.
Can a child report a parent?
No!
In France a child is considered not legally capable. Therefore, a child cannot go to court or make a contract.
However, a child can report neglect and abuse to the police alone or with the help of someone else.
If a child wants to take further actions and go to court, they must be under the safeguard of an adult whom can be:
- A parent or legal guardian
- An heir
- An administrator ad hoc
Can a parent report the other parent?
Yes!
The parent can take many further actions against the neglecting parent such as:
- Report to the police
- Parental responsibility review
- Child protection order
Can the neglecting parent lose their rights for visitation and overnight stays?
Yes!
If a parent fails to take care of a child, the parent will lose their parental responsibility and the right to see the child as for visitations and overnight stays.
However, the neglecting parent can evidence he or she is a good parent throughout statements or pictures which can be served before the court.
If a child is capable of discernment may request a hearing. On such circumstances they can specify whether or not they still want to see the neglecting parent or not.
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