Whose Failure to Protect?
It should be easy to protect women and children from abuse.
In each state, there is a code with which someone can be charged that involves failing to protect a child. This means that Parent A “knew or reasonably should have known” that Parent B or a Third-Party is harming the child through any number of ways (physically, sexually, even emotionally). So if the County or State learns that Parent B or a Third-Party is harming the child, and Parent A “knew or reasonably should have known” about the harm, the County or State can remove the child from Parent A’s custody and charge them with a crime.
This is a scary prospect, but seems reasonable. Parents should protect their children. Shouldn’t they? So what happens then, when Parent A leaves Parent B due to domestic violence, sexual abuse, exposure to domestic violence, etc. and takes the child in an effort to protect them as supported by the law?
The family court system calls you a “restrictive gatekeeper” and maybe even a participant in the bogus claim of “parental alienation” if the child reacts negatively towards their abusive Parent B. You are labeled “high-conflict” and “emotional” and “angry about the end of the relationship.” You are then forced to either: 1. back off your concerns about the abuse you experienced in your home or 2. be ordered to have supervised visitation with the child you were attempting to protect, lest you (continue to) brainwash them while their abusive Parent B holds sole custody.
So. Whose “failure to protect” is that? (I’ll give you a hint: it is not Parent A.)
Ala. Code § 13A-13-6 | Endangering the welfare of a child.
Alaska Stat. § 11.51.100 | Endangering the welfare of a child in first degree.
Ariz. Rev. Stat. § 13-3623 | Child abuse
Ark. Code Ann. § 5-27-221 | Permitting abuse of a minor child.
Cal. Penal Code § 273a |
Colo. Rev. Stat. § 18-6-401 | Child abuse
Conn. Gen. Stat. § 53-21 | Injury or risk of injury to, or impairing morals of, children.
Del. Code § 1102 | Endangering the welfare of a child.
Fla. Stat. § 827.03 / Neglect of a child.
Code Ann. § 16-12-1 | Contributing to the deprivation of a minor.
Hawaii Rev. Stat. § 709-903.5 | Endangering the welfare of a minor in the first degree.
Idaho Code Ann. §18-1501 | Injury to children.
720 Ill. Comp. Stat. 5/12C-5 | Endangering the life or health of a child.
Ind. Code § 35-46-1-4 | Neglect of a dependent.
Iowa Code § 726.6 | Child endangerment.
Kan. Stat. Ann. § 21-5601 | Endangering a child; aggravated endangering a child.
Ky. Rev. Stat. Ann. § 508.100 | Criminal abuse in the first degree.
La. Rev. Stat. § 14:93; La. | Cruelty to juveniles.
Me. Rev. Stat. tit. 17-A, § 554 | Endangering the welfare of a child.
Md. Code, Com. Law § 3- 602.1 | Neglect.
Mass. Gen. Laws ch. 265, § 13J | Assault and battery upon a child.
Minn. Stat. § 609.378 | Neglect or endangerment of a child.
Miss. Code Ann. § 97-5-39 | Neglect of a child.
Mo. Rev. Stat. § 568.045 | Endangering the welfare of a child in the first degree.
Mont. Code Ann. § 45-5-622 | Endangering the welfare of children.
Neb. Rev. Stat. § 28-707 | Child abuse.
Nev. Rev. Stat. § 200.508 | Abuse, neglect or endangerment of a child.
N.H. Rev. Stat. Ann. § 639:3 | Endangering welfare of child or incompetent.
N.M. Stat. § 30-6-1 | Abandonment or abuse of a child.
N.Y. Penal Code § 260.10 | Endangering the welfare of a child.
N.C. Gen. Stat. § 14-318.4 | Child abuse a felony.
N.D. Cent. Code § 14-09-22 | Abuse or neglect of a child.
Ohio Rev. Code § 2903.15 | Permitting child abuse.
Okla. Stat. tit. 21 § 852.1 | Child endangerment by permitting child abuse.
Or. Rev. Stat. § 163.200 | Criminal mistreatment in the second degree.
13 Pa. Cons. Stat. § 4304 | Endangering welfare of children.
R.I. Gen. Laws § 11-9-5 | Cruelty to or neglect of a child.
S.C. Code Ann. § 16-3-95 | Infliction or allowing infliction of great bodily injury upon a child.
S.D. Codified Laws § 26-10- 30 | Permitting physical or sexual abuse of child as felony.
Tenn. Code Ann. § 39-15-401 | Child abuse and child neglect or endangerment.
Texas Penal Code § 22.04 | Injury to a child.
Utah Code § 76-5-109 | Child abuse — Child abandonment.
Vt. Stat. Ann. § 1304 | Cruelty to children under 10 by one over 16.
Va. Code Ann. § 18.2-371.1 | Abuse and neglect of Children.
Wash. Rev. Code § 9A.42.020 | Criminal mistreatment in the first degree.
W. Va. Code § 61-8D | Child abuse.
Wis. Stat. § 948.03 | Physical abuse of a child.
Wyo. Stat. § 6-4-403 | Abandoning or endangering children.
Take Your Power Back!
Don’t wait another day. Schedule your first time consultation and start taking your power back today!