Legal Definitions - endangering the welfare of a child

Endangering the welfare of a child refers to a situation where an adult, typically a parent or guardian, knowingly or recklessly acts in a way that creates a substantial risk of physical, mental, or moral harm to a child. This can involve direct actions or a failure to act when there is a duty to do so, leading to the child being exposed to danger, neglect, or an environment detrimental to their well-being. The focus is on the potential for harm, not necessarily that harm has already occurred.

Here are some examples illustrating this legal concept:

• Example 1: Leaving a young child unattended in a dangerous situation.

  A parent leaves their three-year-old child alone in a running car in a busy supermarket parking lot for over twenty minutes while they complete their shopping. The car is unlocked, and the windows are slightly ajar.

  Explanation: This action demonstrates endangering the welfare of a child because the parent has knowingly placed the child in a situation with a substantial risk of physical harm (e.g., abduction, accidental injury from tampering with vehicle controls, or exposure to extreme temperatures) due to lack of supervision in a public and potentially hazardous environment.

• Example 2: Exposing a child to illegal activities or dangerous substances.

  A guardian regularly allows individuals to openly use and sell illegal drugs in their home, where their 10-year-old foster child resides. Drug paraphernalia is often left within the child's reach, and the child witnesses these activities frequently.

  Explanation: By creating an environment where illegal drug use and sales are normalized and accessible, the guardian is knowingly exposing the child to significant moral, psychological, and physical harm. This includes the risk of accidental ingestion of dangerous substances, exposure to criminal activity, and detrimental influence on the child's development and well-being.

• Example 3: Persistent neglect of basic needs and supervision.

  A parent consistently fails to ensure their two school-aged children attend school, are adequately fed, or have a safe and sanitary living environment. As a result, the children are frequently found wandering the streets unsupervised during school hours, often appearing dirty and hungry.

  Explanation: The parent's persistent failure to provide basic necessities (food, shelter, hygiene) and adequate supervision creates a high risk of physical harm (e.g., malnutrition, accidents, illness) and severe educational and developmental neglect. These inactions directly endanger the children's overall welfare and long-term well-being.