Child Abuse & Neglect Article
Child Abandonment
What is Child Abandonment?When most people hear the term “child abandonment,” they visualize the baby left on a church doorstep, or, as recently happened, a baby left in a supermarket shopping cart. Yet, those “child abandonments” are relatively rare. More often, children are abandoned in complicated and ugly domestic situations. The drug addict who leaves her children with friends for months at a time without contacting them; the father who leaves the state with his new girlfriend and leaves no forwarding information; the woman who will be in prison for 7-10 years and fails to communicate with her children – these are the more common child abandonment scenarios.
Arizona law defines child abandonment by statute. Arizona Revised Statute (A.R.S), Section 8-531(1) provides us with a legal definition of the term.
“Abandonment” means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment."
What exactly does this definition mean? First, under Arizona law, every parent has a duty to financially support his or her children. (A.R.S. §§12-2451, 25-501). The parent who doesn’t provide financial support will have a major strike against him or her in an abandonment inquiry. Parents must also maintain regular contact with the children. For the parent who lives in another state or country or for the parent who is incarcerated, this means visitation, phone calls, letters and gifts. The parent must make a reasonable effort to maintain a relationship with the child.
There is no “intent” element to abandonment. That means it doesn’t matter if the parent did not intend to abandon the child. The fact that time got away from the parent, that he or she simply fell out of contact with the child is irrelevant. It’s the parent’s actions that count, not good intentions.
Child Abandonment and Child Neglect are Criminal Offenses
Child neglect and child abandonment often go together. Child neglect is defined by A.R.S. § 8-201 (25). The definition includes failing to provide clothing, food, shelter or medical care. It also includes permitting children to be around toxic, volatile substances or drug manufacturing. Children who are exposed to illegal drugs, and physically or sexually abused children are also considered neglected. Babies born with illegal drugs in their system meet the definition of a neglected and abused child.
Parents who neglect or abandon their children may be subject to criminal prosecution. The minimum charge under A.R.S. § 13-3619 would be for a class 1 misdemeanor. The possible penalties if convicted are: up to 6 months in prison, 3 years of probation and a $2,500 fine.
If the District Attorney’s Office thinks it is warranted, it can prosecute under A.R.S. § 13-2623, which is a felony statute. Under §13-2623, a parent can be prosecuted for “negligently” abandoning or neglecting the child. If convicted of this class 4 felony, the parent will serve a minimum prison term of one year. If the parent “recklessly” abandons or neglects the child, he or she may be prosecuted under the same statute for a class 3 felony with a minimum prison term of 2 years. If the jury finds that the parent “intentionally” abandoned or neglected the child, the penalty for this class 2 felony will be a minimum of 4 years in prison.
Child Abandonment and/or Neglect May Result in the Termination of Parental Rights
If the Arizona Department of Economic Security, through Child Protective Services, determines that the parent has abandoned the child or seriously neglected the child, the agency has the legal obligation to pursue action to terminate parental rights to the child. How the agency handles the situation depends on the circumstances. The state recognizes the fundamental right of a parent to parent his or her child. For that reason, Child Protective Services will attempt to rehabilitate the parent and keep the family intact when possible. For example: If mom or dad have drug or alcohol dependency, the agency will offer rehabilitation services and visitation with the child in the hope the parent can succeed in rehabilitation, become gainfully employed, and become able to create a stable home for the child.
On the other hand, we see instances where reunification of the family is neither feasible nor desirable. In those instances, the state will pursue a severance action. When a severance action is initiated, the parent has the right to an attorney. The attorney will advocate for the parent in court. The state must prove its case for severance by clear and convincing evidence. If the court terminates the parent’s rights, the parent has the right to appeal the decision.
On appeal, the court considers the parent’s rights and the parent’s actions and balances the parent’s interests with the best interest of the child. Michael J. v. Arizona Department of Economic Security, 196 Ariz.246, 995 P.2d 682 (2000). In the Michael J case, the Arizona Supreme Court talked about the best interests of the child including a speedy determination of who will raise and nurture him. The Court discussed the child’s need for stability and a normal childhood and that the child’s needs had to be a major consideration in the decision.
Resources
https://www.azleg.gov/arstitle/ (Arizona Statutes on State Legislature website)
https://www.courtlistener.com/opinion/1292043/michael-j-v-arizona-dept-of-economic-sec/
(Michael J. Decision)
Comments:
QUESTIONS
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My friend is abused by her mother. She needs help she does not kown what to do there have been multiple times where other had contacted the police and nothing happend. She is 16 and she is thinking about killing her self. She needs help what she/i do. She wants to live with my family and I is that any possibly of happening. The freind email is not her. Im afraid that Her mother her will hurt her.
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my son was 18 and his girf 17yoa when she got pregnant..it was consentual and both parents talked about the situation. my son has been supporting the baby but has no legal custody. exgirf and father have been harassing my son about giving exgirf money as child support and my son told him no and exgirfs father told son that he is pressing charges on him because daugh was 17 and he was 18 when she got pregnant. he has proof of support of child with receipts. what can he do?
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My ex and I just settled for joint cussady. He has a history of abuse. My son just told me tonight that his dad hit him and not to kiss his forhead because it still hurts. What should I do?
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My niece found out her parents are doing meth and left her home to live with her girlfriends grandmother but her parents forced her to go back home. My niece is 17, has a 3.86 GPA, a job and over 180 hours of volunteer work at the hospital. She has goals to become a photo journalist. She does not need to be in a "meth" environment. Not first time for parents. How can I get her out of that environment?
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My ex has had literally nothing to do with our daughter since she was 1 and half. She is almost 4. He has been in and out of jail lately and has found himself back with his druggie girlfriend. I want to keep my daughter safe, what are my steps to insure this?
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How do you prove neglect? my husband and myself are trying to get custody of his 9 year old son. He is the second oldest of 5 children. My husband was never married to this woman. We feel that she has not created a safe environment for him, let alone the rest of her children. How do I start the process?
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I have been charged with child neglect in Pima County and am scared to death about what may happen at the court date! Two incidents have been recorded...the twins broke the lock on the back door and ran out of the apt, were picked up by a neighbor 5 mintues later and taken to the apt complex office - #2 was a call made stating that the children were unattended to for over an hour outside (which is not true) - advice on how to handle the court date?
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what do u do when ur child comes home says shes been given zanax by parent.no prescription as no md visit.was not allowed to talk w teen privately.said drugs. for sleep and anxiety no problem since home
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Is it considered abandonment of my children if I moved out of the home and moved maybe 4 blocks away? I left my husband but am still with my kids everyday.
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