Missouri has strict laws against child abandonment and takes this issue very seriously.
There are two different child abandonment laws in Missouri:
- Criminal Child Abandonment, and
- Civil Child Abandonment.
Criminal child abandonment is a criminal offense that the state prosecutes to punish the offender for their actions.
Civil child abandonment is a civil case that the state uses to terminate parental rights.
Understanding the difference between these two legal processes is vital for anyone involved in cases of child abandonment, as the outcomes can significantly impact the lives of the children and families involved.
What is Criminal Child Abandonment in Missouri
Criminal child abandonment is when a parent or guardian willfully and without lawful justification abandons a child under 17 years of age.
In Missouri, the severity of the crime is determined by the child’s age at the time of the abandonment.
1. Child Abandonment – Child Less Than Four (4) Years Old.
A person commits the offense of abandonment of a child in the first degree if a parent or guardian legally charged with the care or custody of a child less than four years of age:
- Leaves the child in any place with the purpose of abandoning the child under circumstances that are likely to result in serious physical injury or death.
- The offense of abandonment of a child in the first degree is a class B felony. (Class B felony is imprisonment for a term not less than five years and not to exceed fifteen years, and a fine not to exceed $20,000).
- If the child dies due to abandonment, the offense is elevated to a class A felony. (Class A felony is imprisonment for a term of not less than ten years and not to exceed thirty years or life imprisonment life).
2. Child Abandonment – Child Less Than Eight (8) Years Old.
A person commits the offense of abandonment of a child in the second first degree if a parent or guardian legally charged with the care or custody of a child less than four years of age:
- Leaves the child in any place with the purpose of abandoning the child under circumstances that are likely to result in serious physical injury or death.
- The offense of abandonment of a child in the second degree is a class D felony. (Class D felony is imprisonment for a term not less than four years, no more than ten years, and a fine not exceeding $10,000).
- If the child suffers serious physical injury, it is a class B felony.
- If the child dies due to abandonment, the offense is elevated to a class A felony. (Class A felony is imprisonment for a term of not less than ten years and not to exceed thirty years or life imprisonment life).
Criminal child abandonment cases are handled in criminal court and require the state to prove the parent’s guilt beyond a reasonable doubt.
The case focuses on the parent’s criminal behavior and the harm caused to the child.
Civil Child Abandonment for Purposes of Termination of Parental Rights
Child abandonment for purposes of termination of parental rights refers to a situation where a parent has abandoned a child, but the focus is on the best interests of the child rather than the parent’s criminal behavior.
Civil child abandonment cases for termination of parental rights are handled in family court and require the court to determine what is in the child’s best interests.
Missouri Revised Statutes § 211.447.2 allows the state to file a petition to terminate parental rights for child abandonment.
When a parent or legal guardian fails to provide care or support to a child for six (6) months or more, the court may find that the child has been abandoned.
When looking at the six (6) month period, the court will consider the following factors to determine if the parent’s parental rights should be terminated:
1. The parent has left the child under such circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or
2. The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so.
If the court finds that a child has been abandoned, it will terminate the parent’s parental rights and appoint a guardian or adoptive parent for the child.
What are the Legal Consequences of Child Abandonment in Missouri?
If a person is convicted of child abandonment in Missouri, they can face serious legal consequences, including:
- Imprisonment: Depending on the severity of the offense, a person can face from 5 years to life in prison.
- Fines: The court can impose fines ranging from $1,000 to $20,0000.
- Probation: A person can also be placed on probation, which can include mandatory counseling, community service, and other conditions.
- Loss of Parental Rights: If a person is found guilty of child abandonment, they can also lose their parental rights.
What Should You Do if You Suspect Child Abandonment?
If you suspect a child is being abandoned or neglected in Missouri, you should take immediate action to protect the child’s safety and well-being. Here are some steps you can take:
- Call the Missouri Child Abuse and Neglect Hotline: If you suspect a child is in danger, call the Missouri Child Abuse and Neglect Hotline at 1-800-392-3738. This hotline is available 24/7 and allows you to report child abuse or neglect concerns.
- Contact Law Enforcement: If you believe a child is in immediate danger, call 911 or contact your local law enforcement agency.
- Document the Evidence: If you have witnessed child abandonment or neglect, it’s essential to document the evidence. This can include taking photos, videos or writing notes about what you have seen.
- Seek Legal Help: If you are concerned about child abandonment or neglect, seek legal help from a qualified attorney who can advise you on your legal rights and options.
FAQs
Q: Can a parent be charged with child abandonment in Missouri?
A: Yes, a parent can be charged with child abandonment in Missouri if they leave their child without proper care and support.
Q: What should I do if I suspect child abandonment?
A: If you suspect child abandonment, you should contact the Missouri Child Abuse and Neglect Hotline
Q: How long does a parent have to be absent to lose parental rights in Missouri?
Child abandonment is when a parent chooses not to take care of their child for sixty (60) days when the child is younger than one year old or for six (6) months when the child is one year or older. This information is found in RSMSo § 211.447.
Conclusion
Child abandonment is a serious issue that can have severe long-term effects on the well-being of children. Missouri has strict laws against child abandonment, and anyone found guilty of this offense can face severe legal consequences.
If you suspect a child is being abandoned or neglected, taking immediate action is vital to protect their safety and well-being.