Results 1 to 4 of 4
  1. #1
    Join Date
    Sep 2013
    Location
    Chattanooga, TN
    Posts
    2

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Neglect with No Sentence

    There's absolutely no way we can guess why she was or wasn't charged with any particular thing.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2013
    Location
    Chattanooga, TN
    Posts
    2

    Default 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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Child Neglect: Can I Sue My Parents for Child Neglect
    By CalifornianChris in forum Abuse and Neglect
    Replies: 4
    Last Post: 07-16-2012, 05:41 PM
  2. Protective Services: Children Removed After Domestic Fight Between the Parents
    By forbi in forum Abuse and Neglect
    Replies: 9
    Last Post: 02-12-2012, 10:16 AM
  3. Replies: 7
    Last Post: 02-03-2012, 03:10 PM
  4. Child Neglect: How Much Neglect is Enough to Remove a Child from Parents
    By hotmomma35 in forum Abuse and Neglect
    Replies: 3
    Last Post: 02-21-2009, 01:25 PM
  5. Parents Neglect 13 Year Old, Aunt Wants Custody In Ohio
    By zaayer@embarqmail.com in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-24-2008, 06:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources