Endangering the welfare of children is a serious crime, yet it is easy to commit. For example, getting a car accident with a child in your car or the other car may count as endangerment, depending on the circumstances. To understand what is and isn’t considered child endangerment, our attorneys can explain.
What is Considered Child Endangerment?
In Pennsylvania, child endangerment is defined under Title 18, Section 4304 of the PA General Assembly. According to this law, a person can only commit child endangerment when they are:
- A parent
- The child’s (victim’s) guardian
- An individual supervising the welfare of a child under 18 years of age
- A person who employs or supervises such a person
They must then knowingly violate a duty of care, protection, or support.
Based on this, child endangerment encompasses a myriad of potential scenarios. These range from leaving a child unattended in a vehicle to leaving them without supervision at home. The ambiguity of what may constitute endangerment means that even well-meaning parents or caregivers can find themselves facing severe charges.
Please note that the information provided is general and may not apply to specific cases. If you or someone you know is involved in a situation related to child endangerment, it’s important to seek legal advice from one of our attorneys personally.
Examples of Endangering the Welfare of a Child
Consider our previous example of a car accident where children are passengers in one of the vehicles. In the case where the car responsible for the accident hits a car with children, they are not at fault for child endangerment nor is the driver with children in their custody. They are not knowingly violating a duty of care, protection, or support to the children.
If the driver who had children in their custody caused the accident, they would only be guilty of endangering the welfare of the children if they were found to be driving recklessly or under the influence. A mistake while driving would not be considered knowingly violating a duty of care, protection, or support.
There are circumstances where a court may try to charge you with child endangerment if you were drunk and hit a car with children, but there would be more serious charges to contend with as well.
What are the Consequences of Endangering the Welfare of Children?
The penalties for child endangerment in Pennsylvania can be quite severe. It is generally considered a first-degree misdemeanor and can result in up to five years in prison and a fine of up to $10,000. However, depending on the specifics of a case, the charge can be raised to that of a felony offense.
If it’s a felony, the severity of the punishment can increase. How much it increases depends on the details of the case. For instance, a third-degree felony in Pennsylvania could leave someone convicted facing up to 7 years in jail and a $15,000 fine.
Do Adults Have a Responsibility to Protect the Welfare of Children They Do Not Know?
In Pennsylvania, the legal responsibility to protect children often falls on parents, guardians, and professionals who interact with children in their line of work. This commonly includes people such as:
- Teachers
- Doctors
- Social workers
- Law enforcement officers
These individuals are known as “mandated reporters.” Under Pennsylvania law, they have a duty of care, protection, and support for any child within their presence due to the nature of their job.
These individuals have a duty of care, protection, and support because they fall under the Pennsylvania Child Protective Services Law (23 Pa.C.S. Chapter 63). It states that a “person responsible for the child’s welfare” is a person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training, or control of a child in lieu of parental care, supervision, and control.
What Other Adults Can Do If They Witness Someone Endangering the Welfare of Children?
While strangers are not legally beholden to protect a child they do not know, Pennsylvania law encourages all adults to report suspected child abuse, even if they are not considered mandated reporters. The law makes it clear that the responsibility of investigating the report and taking necessary action lies with a county’s Children & Youth agency, not the person who makes the report.
So, adults in Pennsylvania may not have a legal obligation to directly protect the welfare of children they do not know, and they are not mandated to report incidents of endangerment. They are protected from the responsibility of proving it if they do.
Contact Our Child Endangerment Attorneys For Legal Help
If you or someone you know is facing allegations of child endangerment, you need the help of a child endangerment attorney. These are not small charges and come with serious consequences.
When it comes to your defense, Lermitte & Lubin, LLC is a firm you can trust. Our seasoned criminal defense attorneys are committed to protecting your rights and providing the strongest defense possible. Contact our Kingston law firm today to safeguard your future.
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