For a few months in 2008, a loophole in a Nebraska law gave parents the right to abandon their children without facing prosecution. A total of 22 children, ranging in age from one to 17, were left at emergency rooms statewide before the law was changed. As of 2010, it is a crime in every U.S. state except for Maryland to abandon a child. While laws vary from state to state, there is a general consensus regarding what constitutes child abandonment and the minimum standard of care you must demonstrate to retain your parental or guardianship rights.
Definition
Many states consider abandonment a form of physical neglect, when the parent or guardian fails to meet a child's basic needs for food and shelter.
Child abandonment occurs when "the parent's identity or whereabouts are unknown, the child has been left alone in circumstances where the child suffers serious harm, or the parent has failed to maintain contact with the child or provide reasonable support for a specified period of time," according to Child Welfare Information Gateway.
Time Frame
Child abandonment is a time-sensitive issue, with state laws differing on what amount of time actually constitutes abandonment. In some states, it is considered abandonment if you leave a child for two consecutive days without providing for his care. In Minnesota it is considered abandonment if the child is under two years of age and you leave in a way that indicates you do not intend to return.
Factors
Child abandonment is not simply a matter of leaving your child unattended. The age of the child, the time of day or night you leave the child, the mental and physical capacity of the child, and whether or not you leave adequate provisions for the child all factor into determining abandonment. The courts may also consider whether or not a child has a way to reach you, or whether the child is able to dial 911 in case of emergency.
Newborns
In an effort to prevent parents from abandoning unwanted babies, many states agree not to prosecute those who surrender a child to a hospital or other approved facility, or "safe haven," shortly after birth. In some states, only the mother can give up her baby in this manner, while other states permit either parent to surrender the baby. You are generally granted anonymity when you relinquish a newborn, though some states may request contact information on a voluntary basis.
Considerations
In some states, if you can prove that extenuating circumstances prevented you from caring for your child, your actions may not constitute child abandonment. The state may not prosecute you for child abandonment if you can prove you were in drug or alcohol treatment, seeking treatment for a mental disability, or you have not seen the child because of allegations of abuse or issues that may affect the safety of the child.
Warning
The laws on child abandonment vary from state to state. This is a general overview only, and should not replace the advice of legal counsel. Check the laws of your state for specific information on its child abandonment laws.
References
- Msnbc.com: Nebraska to Rewrite Safe-Haven Laws; October 20, 2008
- National Center for Prosecution of Child Abuse
- Child Welfare Information Gateway: What is Child Abuse and Neglect
- The Defintion of Child Maltreatment Safety and Harm; Minnesota Statute 626.566
- US Legal Defintions: Child Abandonment Law and Legal Defnitions
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