One area of Oklahoma child welfare law focuses on child neglect—a form of child abuse that involves failing to meet a child’s basic needs. While many people think of abuse as physical harm, neglect can be just as damaging to a child’s health, safety, and emotional well-being. Here’s what you need to know about how Oklahoma defines child neglect and its potential consequences.
How Oklahoma Law Defines Child Neglect
Under 10A O.S. § 1-1-105, child neglect occurs when a parent or caretaker:
- Fails or refuses to provide adequate food, clothing, shelter, or medical care.
- Does not provide proper supervision, leading to unsafe situations.
- Exposes a child to dangerous environments, such as drug use or unsafe living conditions.
- Fails to protect a child from known hazards, abuse, or harm by others.
Neglect is not always intentional—sometimes, it results from lack of resources or understanding. However, Oklahoma law focuses on the child’s welfare rather than the caregiver’s intentions.
Examples of Child Neglect
Some common situations considered child neglect in Oklahoma include:
- Leaving a young child home alone without supervision.
- Not providing necessary medical care or ignoring a child’s special health needs.
- Consistently failing to send a child to school.
- Exposing a child to domestic violence, illegal drug use, or unsafe housing.
- Malnutrition caused by failing to provide adequate food.
How Neglect Is Reported and Investigated
Oklahoma law requires certain professionals—such as teachers, doctors, and law enforcement officers—to report suspected child neglect, but anyone is able to report it. Once a report is made, the Oklahoma Department of Human Services (DHS) investigates. If neglect is found, DHS may:
- Offer services to help the family remedy the issues.
- Remove the child temporarily or permanently for safety reasons.
- In severe cases, recommend filing criminal charges against the caregiver.
Legal Consequences
Child neglect is serious in Oklahoma and may result in:
- Juvenile court proceedings to determine custody or guardianship.
- Termination of parental rights in extreme cases.
- Criminal charges, which may range from misdemeanors to felonies, depending on the severity of the neglect and harm.
Preventing and Addressing Neglect
Sometimes, families facing financial hardship, mental health struggles, or substance abuse problems unintentionally neglect their children. Resources like counseling, financial assistance, and parenting classes are often available to help families avoid neglect situations.
Facing Allegations of Neglect?
If you’re facing accusations of child neglect, it’s important to understand your rights and responsibilities. We handle child welfare and family law cases and can help protect your parental rights while working toward the best solution for your child. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation.