What is child abuse or neglect?
Child abuse is exactly what it sounds like – causing physical injury on a person under 18 years of age by other than accidental means.
Child neglect, on the other hand, does not require any specific act, but rather it is the unreasonable failure to exercise a basic level of care to ensure the physical safety or health of a child under the age of 18.
Simply put, it is either doing something, or not doing something, that could lead to any sort of harm - emotional or physical - to that child.
What is the penalty for child abuse in West Virginia?
Child abuse is a felony punishable by a prison sentence of 1 to 5 years and fines of up to $1,000. If the abuse creates a substantial risk of serious bodily injury or death, it can be punished by a prison sentence of 1 to 5 years and a fine of up to $3,000.
If the injuries to the child actually caused serious bodily injuries (not just creates a risk of those injuries), that offense is punishable by a prison sentence of 2 to 10 years and a fine of from $1,000 to $5,000.
What are the penalties for child neglect in West Virginia?
Under West Virginia law, child neglect is a felony offense.
If the neglect actually caused bodily injury, the act is punishable by a prison term of 1 to 3 years and fines of up to $1,000.
If the neglect creates the risk of serious bodily injury or death, the offense is punishable by 1 to 5 years in prison and fines of up to $3,000.
If the neglect actually did cause serious bodily injury, the offense is punishable by 1 to 10 years in prison and fines from $300 of up to $3,000.
Are there other consequences for child abuse and neglect?
Child abuse charges or neglect charges can also result in civil proceedings being brought by the West Virginia Department of Health and Human Resources (WVDHHR). This may result in loss of parental rights to all children in the home…and not just the one that was abused or neglected.
Also, the involuntarily termination of parental rights means that if the offender had other children in the future, the WVDHHR would open a new case with the new child and likely seek termination of rights to that child.
Regrettably, it is not uncommon these days to hear accounts of street-smart kids making false reports of abuse against their parents as a way of getting back at them for any number of things. Even if untrue, those allegations can cause parents to get drawn into a very difficult and time-consuming court process that can devastate the family.
Don't let false or overblown allegations of child abuse and neglect result in you losing your children and your freedom. Get the experienced defense you need by contacting La Neve Law Offices today.
