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Child Neglect in California – Important Information You Need to Know 2026

July 17, 2026
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child neglect in California can lead to a juvenile dependency case or CPS case

CHILD NEGLECT IN CALIFORNIA

California has several laws designed to safeguard children’s well-being. These laws deal with the most frequent ways that children are at risk. In addition, California has strict penalties for violating its laws against child abuse, neglect, and endangerment.

Juvenile Dependency Case for Child Neglect in California

The offense of child neglect is a violation of WIC 300 and can lead to a juvenile dependency case or CPS case opening up against you. A juvenile dependency case, also known as a child protective services (CPS) case, is a legal proceeding in which the government removes a child from their home due to allegations of abuse or neglect.

If reported allegations of child abuse or neglect in California persist, the state will file a juvenile dependency petition with the court to initiate legal proceedings. For the removal of the child from home to occur, a hearing is done by the court first to assess if there is enough evidence presented. If found true, foster care placement follows as an appropriate measure for protection.

Criminal Cases for Child Neglect in California

Child neglect in California is also a crime under Penal Code 270 as the willful and unlawful failure of a parent to give their child basics, including clothes, food, shelter, and medical care. Typically, this crime is filed as a misdemeanor, with a possible jail sentence of one year.

In California, a parent has great flexibility in choosing how to raise a child. However, under this rule, a parent may be charged with child neglect if they fail to provide a child with the most basic care needs.

A prosecutor must be able to show the following components to prove that a parent is criminally responsible for neglecting to provide for their child:

  • A minor child’s parent was the defendant.
  • The defendant neglected to fulfill one of the child’s needs.
  • There was no valid basis for the defendant’s intentional refusal to supply that necessity.

Child Neglect Examples

Neglecting a child may take many different forms. Examples of neglecting a child include:

  • A mother who ignores her 11-year-old son’s that is an evident illness and refuses to take her to the doctor.
  • A parent who does not dress his child appropriately for the season, such as with warm clothing in the winter.
  • A foster parent caring for a 6-year-old youngster neglects to feed him, which causes him to become undernourished.

Other California Child Neglect Laws

The California Child Abuse and Neglect Reporting Act (“CANRA”) (Penal Code 11164-11174.3) is a state law that outlines the responsibilities of “mandated reporters” and the processes to be followed to safeguard children from abuse and neglect.

If you are suspected of child neglect in California, what happens?

Child neglect allegations are taken seriously by the state of California. If authorities receive child abuse or neglect allegations, they will investigate the claims. They may petition the juvenile court if they find enough evidence to support the allegations.

This petition will request that the court place the child in protective custody. Sometimes, the child may be placed with a relative or foster care. In other cases, the child may remain in the home but be placed under the supervision of the county welfare department.

Allegations of child neglect can also lead to criminal charges. If the state of California believes that a child has been abused or neglected, they may file criminal charges against the alleged abuser.

You can also be charged with child neglect if your child has been around someone who has abused them and you did not protect your child. There are several types of criminal child abuse violations under the Penal Code, including:

  • Willful cruelty or unjustifiable punishment of a child (Penal Code 273d)
  • Unlawfully inflicting or permitting corporal injury on a child (Penal Code 273a)
  • Sexual abuse of a child under the age of 14 (Penal Code 288)
  • Lewd or lascivious acts with a child under the age of 14 (Penal Code 288)
  • Continuous sexual abuse of a child under the age of 14 (Penal Code 288.05)

Being charged with child neglect is a serious matter requiring skilled legal assistance. A conviction can affect many aspects of your life, including your ability to keep custody of your child and the possibility of losing your freedom.

WHAT SHOULD YOU IF YOU ARE DEALING WITH A CHILD NEGLECT JUVENILE DEPENDENCY CASE OR CRIMINAL CASE?

If you have been accused of abuse or neglect, it is crucial to get an attorney as soon as possible.

You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Client Success Stories

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Arslan Khan
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Great cps lawyer. Did everything he said he would do.
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Cynthia Hopkins
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I personally was contacted by Mo in regards to my case and he was very knowledgeable about dependency cases and my specific situation. It was explained to me where I stood and how to move forward. I was given clarity on where I am and what to do next. I truly appreciate Mo being willing to talk to me and to put me at rest giving me peace on my specific case as well as letting me know that I didn’t need representation and that if I did, he would let me know. He gave me the facts and was completely honest with me that he wouldn’t require someone to pay or take his services on if they didn’t truly need representation and was on the right track with what they were doing with CPS. I cannot say thank you enough Mo for instilling peace of mind and leadership towards the best way to move forward. I am forever grateful!
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Kal Majali
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Mr Abuershaid is by far one of the most honest and good attorney. I had 3 criminal charges filed against me back in may and in less than 3 months he was able to get all cases dismissed and not even filed. I highly recommend contacting him. He’s well-connected and knows everyone in courts
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Michael Mizner
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We came in contact with Mo when we realized we needed help and representation with a case involving CPS. Mo quickly put us at ease with his responsiveness and knowledge of the system. He was able to provide a calming presence in an otherwise hectic situation. Through his expertise, we successfully navigated the situation and are able to put this event behind us. Our family cannot recommend Mo and his team highly enough. We are very thankful that he was on side.
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Aruna Rajan
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Mo and his team were exceptionally prompt and provided timely support during our time of turmoil. Mo offered assurance, guidance, and a clear understanding of the law and likely proceedings. He follows up immediately, regardless of the hour, and is meticulous in his work. Mo was our rock, without whom we would have been lost. I highly recommend Mo and his team to help you navigate life's challenges.
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Kristin Haynes
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Mo did the improbable and was consistent, professional, kind, and focused in the entirety. I dare anyone to do that and be all Of those things in one day. You won’t regret hiring him. See Yelp for full accolades, I have a lot of good things to say about Mo and his team. You’re in good hands.
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M A
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I had the privilege of being represented by Mo in a dependency case. Unlike other attorneys I contacted, Mo was quick to assess the situation and immediately stepped into action. He consistently demonstrated his extensive knowledge and expertise, and I could always depend on him to be prepared with a solid plan. Mo is responsive, available and his interpersonal skills are an 11/10. He was kind, patient, respectful and transparent, especially when answering my family’s many questions. I reached out to him on several occasions completely distraught. He handled these heavy situations with such care and provided much needed assurance and solace. I ended each call feeling safe and cared for. Besides all the aforementioned qualities that make Mo an exceptional attorney, what really stood out was his passion and dedication. I feel he genuinely cares about the well-being of his clients. He kept my family’s best interest at the forefront of his process, which made me feel confident in trusting him and his judgement. Through his actions, he not only garnered respect form from my family and me, but also received accolades in the court room from County council. Mo went above and beyond to help my family and me and I am eternally grateful. He was truly a light in a dark moment and I wholeheartedly recommend him to anyone in need of an attorney.
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Tannaz Amirian
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Highly recommended Mo! I’m so happy working with amazing gentleman Mo! He was so helpful on my personal case! He made it through without any problem! Thank you Mo!
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Brent Solis
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Mo is an amazing attorney and did an excellent job with walking me through my case step my step. He is highly recommended and calls you back in a timely manner with any of your questions or concerns. I'm truly so grateful to have had his assistance during such a difficult time.

Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone. 

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange County, San Diego County, Los Angeles County, San Bernardino County, and Riverside County.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a lawyer and for your free consultation. Call (866) 811-4255.

Dealing with a CPS case can be scary. You don’t have to face a CPS case alone.

Case Results

Riverside County – Father Awarded Shared Custody

A father was accused of serious sexual and physical abuse, resulting in a no-visitation order and the Agency recommending denial of reunification services. After extensive litigation and a contested court hearing, All Trial Lawyers secured dismissal of every allegation. The father’s fifty-percent custody was immediately restored, the dependency case was closed, and he reunited with his child after more than six months apart.

Los Angeles County

Parents retained All Trial Lawyers before they even knew the nature of the allegations being investigated. Counsel attended the investigative interview, learned the allegations alongside the family, and immediately implemented a strategic response. Despite allegations involving physical abuse, neglect, and domestic violence, the investigation was resolved without court intervention, allowing the family to move forward without dependency proceedings.

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About the Editor

Mohammad Abuershaid, founding attorney, ALL Trial Lawyers, California CPS and criminal defense attorney

Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases. 

M: (866) 927-3102