Child abandonment is defined and codified by each state as it sees fit. Surprisingly, some states don't specifically address abandonment at all, classifying it as a general condition of abuse or neglect. Basic child protective standards are guaranteed by the Federal Child Abuse Prevention and Treatment Act, but proactive states have the option of beefing up their definitions and adding child abandonment, abuse and neglect to their criminal codes to make abandonment a prosecutable crime.
Characterization
Child abandonment can happen all at once, when a parent simply walks away, or over time, in a case of continued neglect. States with specific child abandonment definitions rely on criteria such as a parent's failure to provide financial support, regular parental supervision or consistent efforts to stay in contact with the child in order to prove a parent's abandonment. Some states, such as Arkansas, require the parent's intent to abandon the child be established. Other states, such as Florida, put the burden on the parent and consider "marginal efforts and incidental or token visits" a part of abandonment.
Child Surrender vs. Child Abandonment
In an effort to protect newborns and infants, many states have adopted save haven laws, allowing legal surrender of a child without danger of being prosecuted for child abuse or neglect. Forty-seven states have safe haven laws, with age limits ranging from less than 72 hours old to one year old. Every state with such a law has designated places allowed to accept an infant, with providers trained to offer emergency care for the child if necessary. Parents who surrender a child older than their state's laws or a child who has been physically abused may still be subject to investigation.
The Federal Child Abuse Prevention and Treatment Act
The text of this act provides a limited definition of child abuse, but one that often fits cases where the parent walks away and leaves a child to fend for herself. If a parent or guardian puts a child at "imminent risk of serious harm," either by acting or failing to act, it can be classified as child abuse and neglect. Similarly, if the parent's actions or lack of actions result in the child's death or serious injury, physical or emotional, the parent is guilty of child abuse and neglect.
Statistics
Only 18 states and three territories define child abandonment as its own entity, rather than as a subset of child abuse or neglect; as a result, it's difficult to estimate the number of abandoned children cataloged by the judicial system. However, we do know that as of 2008, the country's child protective services identified approximately 772,000 abused or neglected children. The majority of these--70 percent--suffered from parental neglect, far more than suffered physical, sexual or psychological abuse.
Procedures for Reporting Abandonment
Every state's procedures for reporting abandonment are different. The Department of Health and Human Service's Child Welfare Information Gateway (see Resources) posts the appropriate agency phone numbers by state, a link to each state's family services website, as well as the national Childhelp® contact number for further assistance.
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