Child Neglect Has Serious Consequences If You Are Convicted
Under Oklahoma state law, a conviction for child neglect can have significant consequences for both you and your family. Criminally, a conviction is classified as a felony. Penalties are wide ranging, and can include up to life in prison, one year in jail, or between $500 and $5,000 in fines. You could also be subject to supervision by the Department of Corrections if you are given a significant amount of prison time. Enabling child neglect, which means causing or permitting it, carries the same penalty.
In addition to criminal proceedings, a separate court process is likely to occur to determine custody and family status. If the situation warrants it, your child can be taken from your custody immediately. A distinct process of hearings and evidence gathering allows both sides to prepare a case. Eventually, a hearing will take place to determine what will happen to the child in the long term, and could even result in the termination of your parental rights.
Important Definitions
In both the family court and criminal case, the definition of “neglect” is the same, and is set out in Oklahoma’s children and juvenile code. The definition has a number of criteria, which is “a. the failure or omission to provide any of the following: (1) adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or appropriate education, (2) medical, dental, or behavioral health care, (3) supervision or appropriate caretakers, or (4) special care made necessary by the physical or mental condition of the child, b. the failure or omission to protect a child from exposure to any of the following: (1) the use, possession, sale, or manufacture of illegal drugs, (2) illegal activities, or (3) sexual acts or materials that are not age- appropriate, or c. abandonment.”
While the statute excludes parents using faith-based healing from prosecution for child neglect, it still allows a judge to order medical care in certain circumstances. Furthermore, the criminal code exempts parents who use reasonable force for discipline. This is not defined more specifically.
Initial Consultation: Tulsa Criminal Defense Attorney
If you are facing criminal charges for child neglect, you should speak to a Tulsa criminal defense attorney to discuss your options. Call (918) 932-2777 for a initial and confidential consultation with the Seventh Street Tulsa Law Firm.