California Penal Code § 270 PC criminalizes child neglect, which occurs when a parent willfully fails to provide necessary care or support for their child. This law plays a critical role in protecting the health, welfare, and development of minors, and is part of California’s broader effort to safeguard children from abuse and abandonment. These charges are often entangled with broader domestic violence allegations, particularly in cases involving family conflict, custody disputes, or protective orders.
What Is California Penal Code § 270 PC?
Under Penal Code § 270 PC, a parent is guilty of child neglect if: “The parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter, or medical attendance, or other remedial care for his or her child.
In simple terms, the law requires parents (and in some cases legal guardians) to provide for the basic needs of their minor children. Failure to do so without a valid legal excuse can result in criminal prosecution.
Elements of Child Neglect Under 270 PC
To convict someone under 270 PC, prosecutors must prove:
Parent-Child Relationship
The accused is the legal or biological parent of the minor child.Willful Omission
The parent intentionally failed to provide the child with necessities such as:Food
Clothing
Shelter
Medical care
Remedial care (nontraditional but accepted treatments, like religious healing methods, in certain cases)
Lack of Lawful Excuse
The parent had no valid legal reason (such as inability due to poverty or lack of access) to omit care.Child Is a Minor
The victim must be under the age of 18.
Examples of Child Neglect
A father who can afford food but chooses not to feed his child regularly
A parent who refuses to take a sick child to the doctor despite serious symptoms
A mother who intentionally leaves her young child alone for days without supervision or basic needs
A parent failing to provide shelter when they have access to housing but choose not to use it
What Is NOT Considered Child Neglect?
A parent who cannot afford food or shelter due to poverty may not be criminally liable if they are making genuine efforts to get help
Choosing faith-based healing practices over conventional medicine is sometimes allowed under California law, depending on the situation
Occasional lapses in judgment that don’t result in actual deprivation may not qualify as willful neglect
Penalties for Violating 270 PC
Misdemeanor Charges
Most child neglect charges under § 270 PC are misdemeanors, punishable by:
Up to 1 year in county jail
A fine of up to $2,000
Probation, parenting classes, or counseling
Felony Charges (Aggravated Neglect)
In aggravated cases—such as repeated or severe neglect, or cases involving false claims of non-paternity—the offense can be charged as a felony.
Felony penalties may include:
16 months, 2 years, or 3 years in state prison
Higher fines
Loss of parental rights
Possible child protective services (CPS) intervention
What Does “Willfully” Mean Under 270 PC?
“Willfully” means intentionally or purposely. The prosecution does not need to prove that the parent intended to harm the child—only that the omission was deliberate and without a lawful excuse.
If a parent knew the child needed food or shelter but simply chose not to provide it, this could be considered willful neglect.
Legal Defenses to Child Neglect Charges
1. Lack of Willful Intent
If the neglect was accidental or due to a misunderstanding, it may not qualify as a crime.
2. Lawful Excuse
Inability to provide due to financial hardship, homelessness, or mental illness may serve as a defense.
3. False Allegations
Sometimes allegations stem from custody disputes, divorces, or misunderstandings with third parties.
4. Medical or Religious Beliefs
California allows parents to choose faith-based care in lieu of medical treatment in some cases, though not all. Legal exceptions may apply.
5. Parent Was Not Aware
In some cases, a non-custodial parent may not know their child is suffering or in need, especially if communication is limited.
Who Can Be Charged Under 270 PC?
While the law specifically targets parents, both biological and adoptive, other caretakers could be prosecuted under different statutes if they fail to care for a child under their responsibility. For 270 PC, however, the legal relationship must be that of parent and child.
Impact of a Conviction
A conviction for child neglect can have long-lasting consequences, including:
Criminal record, which affects employment and housing
Loss of custody or visitation rights
Social stigma
Court-ordered programs like parenting education or substance abuse treatment
Involvement with CPS or juvenile dependency court
How Are Child Neglect Cases Investigated?
Investigations often begin with reports to Child Protective Services (CPS) or law enforcement. These reports can come from:
Teachers
Doctors
Neighbors
Family members
Mandatory reporters
Investigators may:
Interview the child
Inspect the home
Review medical records
Talk to school officials
Request court orders if necessary
If sufficient evidence exists, prosecutors may file charges under Penal Code § 270 PC, and the parent will need to appear in criminal court.
Conclusion
If you’ve been accused of domestic violence and are now facing child neglect charges under Penal Code § 270 PC, it’s crucial to work with a defense attorney who understands the overlap between these types of cases. Not only can you face criminal penalties, but these charges can also impact your family, parental rights, and custody arrangements.
At Southwest Legal, we specialize in defending individuals accused of domestic violence and frequently handle cases where child neglect charges are involved. Our goal is to protect your rights, challenge any false or exaggerated claims, and work toward the best possible outcome for your case. Contact us today to discuss your situation and how we can provide you with the defense you need.