Neglect

"Neglect" is one of the most common allegation levied against parents in Tennessee. While it may sound less severe than "Abuse," a substantiated finding of Neglect can be just as damaging. It can place your name on the Abuse Registry, restrict your employment, and more.

In Nashville and across the state, DCS investigators use a wide-ranging definition of Neglect that can turn financial struggles or parenting mistakes into legal nightmares.

The DCS Definitions of Neglect

Unlike physical abuse, Neglect is defined by what you fail to do.

According to DCS Policy, Neglect is the "Failure or refusal to provide necessary food, clothing, shelter, education... medical treatment, supervision and other supports necessary for the child's well-being based on the age and developmental stages of a child." 

DCS breaks this down into six specific sub-types you must be aware of:

1. Lack of Supervision

This is frequently cited when accidents occur. It is defined as a failure to provide adequate supervision by a parent able to do so. This includes:

• Beyond Maturity: Placing a child in a situation that requires actions beyond their "level of maturity, physical ability, and/or mental ability." 
• Caregiver Incapacity: The caregiver is present but unable or unwilling to supervise due to being "under the influence of alcohol or drugs, is depressed, sleeps during the day or has inadequate parenting knowledge." 

2. Environmental Neglect

This refers to a living situation that is "dangerous or unhealthy."  It is not just about a messy house; it involves hazards that cause significant risk, such as:

• Structural Hazards: Caving roofs, holes in floors, or exposed electrical wires. 
• Health Hazards: Excessive garbage, rotting food, insect/rodent infestation, or animal waste in living quarters. 
• Exposure: Leaking gas or lack of appropriate clothing that dangerously exposes a child to the elements. 

3. Nutritional Neglect

This occurs when a parent fails to provide adequate nutrition, causing the child to "repeatedly experience hunger for hours or a large part of the day." Indicators DCS looks for include children begging neighbors for food, eating out of garbage cans, or exhibiting "poor growth" (falling significantly below average growth rates). 

4. Medical Neglect

DCS defines this as a situation where a child does not receive "adequate health care, resulting in actual or potential harm." 

• Crucial Distinction: It applies to treatments a medical professional deems necessary. DCS Policy explicitly states that "Medical neglect does not include elective health care or treatment." 

5. Educational Neglect

This is the repeated failure to meet a child's educational needs, including failure to enroll a child or excessive absences. 

• The "Truancy" Defense: DCS Policy states this allegation is not appropriate unless the school has already attempted to correct the situation under the "Three Tier Progressive Truancy Intervention Plan." 

6. Abandonment

Abandonment is the "deliberate absence" of a parent for an extended period with "no plan or provision for the child's care." This includes:

• Leaving a child in a car or public place. 
• Leaving a child with a caregiver without consent or failing to return as scheduled. 

Why You Should Hire Us to Fight Your Case

Neglect allegations often punish families for being poor rather than being unfit. If you are struggling with housing repairs or food insecurity, that is a reason for DCS to offer services, not substantiation. We force DCS to distinguish between a refusal to provide care and a temporary financial hardship.

Accidents happen to good parents.  Do not let DCS destroy your family. If you are being investigated for Neglect, contact our office immediately to schedule a free consultation.