Child Neglect Laws in California – Understanding Penal Code 270 PC
What Is Child Neglect Under Penal Code 270 PC?
In California, it is a crime for a parent or legal guardian to willfully fail to provide a child with basic necessities—such as food, clothing, shelter, or medical care—without a lawful excuse. This offense is defined under California Penal Code 270, and it can apply to biological, adoptive, and in some cases, presumed parents.
Neglect charges are taken seriously by law enforcement, prosecutors, and child welfare agencies—especially when a child’s health, safety, or well-being is believed to be in jeopardy. A conviction can result in jail time, substantial fines, and in certain cases, a felony criminal record. It may also trigger a child dependency investigation or lead to loss of custody.
If you or a loved one has been accused of child neglect in Los Angeles, it is critical to speak with an experienced Los Angeles criminal defense attorney as early as possible. A skilled attorney can help protect your rights, fight back against false allegations, and work to keep your family intact.
Legal Definition of Child Neglect – PC 270
To convict someone of child neglect under Penal Code 270, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant is the parent (or legal guardian) of a minor child;
- The parent willfully failed to provide a necessary form of care (such as food, shelter, or medical attention); and
- There was no lawful excuse for failing to do so.
Key definitions:
- A minor is anyone under the age of 18.
- In some cases, the law also applies to unborn children, particularly if the defendant resides with the pregnant parent.
- A “necessity” includes basic needs essential to a child’s well-being, such as clothing, food, housing, appropriate medical treatment, or recognized religious remedial care.
Who Qualifies as a “Parent” Under Penal Code 270?
Under California law, “parent” is defined broadly and may include:
- Biological or adoptive parents
- Foster parents
- Any person who holds themselves out as a parent
- A spouse living with a pregnant partner, even if not biologically related to the child
Even if a parent has never had custody or contact with the child, they may still be liable if:
- They are legally recognized as a parent, and
- Their parental rights have not been terminated by court order
The law does not require shared custody or an active parenting role to establish legal responsibility under PC 270.
What Is Considered a “Lawful Excuse”?
Not all failures to support a child are criminal. A parent may have a lawful excuse if the failure to provide was outside of their control, such as:
- Unemployment or insufficient income, despite making reasonable efforts to find work
- Illness, disability, or medical incapacity preventing employment
- Lack of property, income, or financial assets to meet the child’s needs
However, the following do not qualify as lawful excuses:
- Choosing not to work or rejecting job opportunities
- Spending income on non-essential or luxury items
- Intentionally avoiding child support or attempting to hide assets
The court will consider all circumstances — including income, benefits, and available resources — when determining whether a parent had the ability to provide.
Penalties for Child Neglect in California – PC 270
Violating Penal Code 270 can result in either a misdemeanor or a felony, depending on the circumstances of the case — especially if the court has previously made a legal determination of parentage.
Misdemeanor Penalties:
- Up to 1 year in county jail
- A fine of up to $2,000
- A permanent criminal record
- Potential CPS investigation or removal of the child from the home
- Impacts on family court or custody proceedings
Felony Penalties (when a court has declared legal parentage):
- Up to 1 year in county jail, or
- 16 months, 2 years, or 3 years in state prison
- Fines up to $2,000
- Possible loss of firearm rights
- Ineligibility for certain professional licenses or public benefits
Even a misdemeanor conviction can carry long-lasting consequences — including issues with immigration status, employment background checks, or access to housing. And in cases where the neglect is alleged alongside other charges (like endangerment or abuse), prosecutors may seek harsher penalties or combine charges.
Because PC 270 can be charged either as a misdemeanor or a felony (“wobbler”), an experienced criminal defense attorney can often negotiate for a reduction to an infraction or dismissal — especially where the neglect was unintentional or linked to financial hardship.
Common Legal Defenses to PC 270 Charges
You Did Not Willfully Fail to Provide Care
Penal Code 270 requires that the failure to provide for a child be willful. If you lost your job, suffered from a medical emergency, or otherwise lacked the ability to provide basic needs through no fault of your own, your conduct may not meet the legal definition of neglect. Evidence of good-faith efforts to find work or apply for public assistance can support this defense.
You Had a Lawful Excuse
The law recognizes that parents may face circumstances outside their control. A lawful excuse may include:
- Inability to find employment despite reasonable efforts
- Physical or mental health issues preventing income generation
- No access to property, savings, or outside support
California courts will consider whether the inability to provide was genuine and unavoidable, rather than due to financial irresponsibility or neglect.
You Are Not the Legal Parent
To be convicted under PC 270, you must be legally recognized as the child’s parent. If there is no legal determination of paternity, or if the court has previously terminated your parental rights, you cannot be held criminally liable for failing to provide care. This defense is particularly relevant in disputed paternity or adoption cases.
Mistake of Fact or False Accusations
Child neglect charges often arise from mandatory reporters — such as teachers, doctors, or social workers — who are legally required to report suspected abuse or neglect. However, these reports may be based on incomplete information or assumptions. In some cases, allegations may even be false, driven by custody disputes, neighbor complaints, or personal conflict. Your attorney can investigate the credibility of the source and present evidence to refute the claim.
Religious or Alternative Medical Care
California law allows parents to provide “remedial care” in lieu of traditional medical treatment, so long as it aligns with the practices of a recognized religious denomination and the child is not critically ill or at risk of death. If your child received alternative or faith-based care within these limits, the court may find that you satisfied your legal obligations.
You Were Falsely Accused Out of Malice or Retaliation
In family law disputes, especially during divorce or custody proceedings, it’s not uncommon for one parent to falsely accuse the other of neglect in order to gain leverage. Your attorney can uncover inconsistencies, highlight ulterior motives, and challenge the accuser’s credibility.
Strategic Defense Planning
Every child neglect case is fact-specific. A skilled defense attorney will:
- Review the child’s medical, school, and welfare records
- Investigate the reporting party and their motives
- Gather evidence of attempts to provide care (e.g., job applications, doctor visits)
- Work with expert witnesses when appropriate
Will Child Protective Services (CPS) Get Involved?
Yes. If a child neglect report is made, Child Protective Services (CPS) may begin an investigation and assess the child’s safety in the home. If the agency finds evidence of neglect, they may:
- Offer voluntary family services
- Open a child dependency case
- Temporarily remove the child
- Seek termination of parental rights in severe cases
CPS involvement can lead to family court proceedings, loss of custody, or supervised visitation — even if the criminal charges are reduced or dismissed.
Steps to Take If You’re Charged with Child Neglect in California
If you’re under investigation or facing charges for child neglect under PC 270, take the following steps immediately:
- Do Not Speak to Police Without an Attorney – Anything you say can be used against you.
- Consult with a Criminal Defense Lawyer – An experienced attorney can evaluate the case and advise on next steps.
- Gather Supporting Evidence – Documentation of employment, financial hardship, medical records, or caregiving efforts can help.
- Prepare for Both Criminal and CPS Proceedings – These are often handled separately and require coordinated defense strategies.
Speak with a Los Angeles Criminal Defense Attorney
Child neglect accusations can have lifelong consequences — including jail time, loss of custody, and a permanent criminal record. Whether you are accused after a divorce dispute, custody case, or false report, the right legal representation is critical.
At The Law Offices of Arash Hashemi, we understand how California’s child neglect laws are enforced and prosecuted. With over 20 years of experience in Los Angeles County, we are ready to fight for your rights, your freedom, and your family.
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