Neglect is the most common type of child maltreatment reported in the U.S., but there is no standard definition of neglect across the states. Several states have enacted statutes to distinguish between poverty as a cause of child maltreatment and poverty as child maltreatment. In several states, the statutory definition of neglect specifically excludes circumstances of poverty standing alone.
Statutes
- Pennsylvania
- Pen. Statutes Title 23 Pa.C.S.A. Domestic Relations § 6304(a)
- Exclusions from child abuse; environmental factors beyond control of parent (e.g. lack of housing, income, medical care)
- Pen. Statutes Title 23 Pa.C.S.A. Domestic Relations § 6304(a)
- Arkansas
- Arkansas Ann Code §12-18-103
- Excludes from definition of neglect failure to provide appropriate care primarily as a result of the financial inability of parent if no services has been offered.
- Arkansas Ann Code §12-18-103
- Arizona
- Arizona Rev. Stat. §8-201
- Child is not considered neglected if parent’s inability to meet needs of child is due solely to unavailability of reasonable services
- Arizona Rev. Stat. §8-201
- D.C.
- D.C. Ann Code §16-2301
- It is not neglect when the child’s deprivation of parental care and control is due to a lack of financial means
- D.C. Ann Code §16-2301
- Florida
- Florida An Stat. § 39.01
- It is not neglect if failure to provide for child is caused primarily by financial inability unless services have been offered and rejected
- Florida An Stat. § 39.01
- Louisiana
- Louisiana Ch. Code Art. 603
- Inability of parent to provide for child due to inadequate finances shall not for that reason alone be considered neglect
- Louisiana Ch. Code Art. 603
- Massachusetts
- Code of Mass. Regs. Tit. 110 §2.00
- Not neglect if inability to care for child is due solely to inadequate economic resources
- Code of Mass. Regs. Tit. 110 §2.00
- Washington
- West Virginia
- W. VA Ann Code §49-1-201
- Lack of food, clothing, shelter or medical care due primarily to lack of financial means is not considered neglect.
- W. VA Ann Code §49-1-201
- Wisconsin
- Wisconsin Ann. Stat. §48.02
- Failure to provide for a child is not neglect if due to poverty
- Wisconsin Ann. Stat. §48.02
General Research
- Joan M. Shaughnessy, An Essay on Poverty and Child Neglect: New Interventions, 21 Wash. & Lee J. Civ. Rts. & Soc. Just. 5 (2014).
- It’s Time to Stop Confusing Poverty With Neglect
