If Parents are Removed for Neglect, do the Parents Have to be Criminally Charged
My question involves neglect in the State of: TN
My wife and I received custody of a child last year, due to the mother racking up 6 felonies and 17 misdemeanors in a span of 3 months. The case was directly handled by TN Juvenile Court system.
From testimonies from CPS/DCS and lack of corrective action taken by the bio mother (meaning more criminal charges), the child was deemed by the Juvenile Court judge to be "found dependent and neglected". In TN, a first offense of child neglect, involving a child under 8 years of age, I believe, is classified as a CLASS E Felony. This ruling was in March of this year.
Is there a reason the mother was not charged with Child Neglect for this?
Would no sentence be "normal" for rulings like this in Juvenile Court?
Re: Neglect with No Sentence
There's absolutely no way we can guess why she was or wasn't charged with any particular thing.
Re: Neglect with No Sentence
I know law is not a practice of assumption, though I assumed that if CPS/DCS brought a case before the court, and the judge's findings stated that the child was "neglected", that she should, under a court of law, be charged with child neglect to some degree. Or are hearings like these just formalities?
Re: Neglect with No Sentence
Neglect can be substantiated in protective proceedings, whether or not there is a separate criminal proceeding. Sometimes acts that constitute neglect will make for a weak criminal case, even though the children should be removed.