O'Ms bill to criminalize child neglect moves forward
Gov. Martin O'Malley's proposal to create a law against child neglect ignited a robust debate within the some in Democratic caucus on the Senate floor this morning, with a few urban members arguing that the measure would criminalize poor families and disproportionally impact African-Americans.
O'Malley's plan was to create a new felony child neglect statute -- but the Senate Judicial Proceedings Committee downgraded the proposed crime to a misdemeanor and included a provision differentiating between "neglect" and "poverty." One committee added provision reads: "Neglect does not include the failure to provide necessary resources ... due to solely to lack of financial resources or homelessness."
Still Baltimore County's Delores G. Kelley argued that the bill is superfluous since existing child abuse statues protect minors. She would prefer families have access to parenting classes and other resources that would relieve the conditions under which neglect occurs.
"You'll have huge numbers of families drawn into the criminal justice system," said Kelley, a Democrat. "When we criminalize these parents ... all we do is make it harder for them to bond with these children."
Kelley argued that at the end of the day, the children will likely end up with the parents and the state would be better served by educating the adults.
But JPR Chairman Brian Frosh said the proposed rule cures a loophole in current law: Child abuse cases must demonstrate physical harm to the victim. More subtle forms of abuse, like intentional malnutrition or locking a child in a closet for a prolong period, would not necessarily trigger the existing abuse statutes, he said.
"Some of this outrageous behavior can not be charged," said Frosh, a Montgomery County Democrat.
The bill received preliminary approval in the Senate and House this morning.
O'Malley's plan was to create a new felony child neglect statute -- but the Senate Judicial Proceedings Committee downgraded the proposed crime to a misdemeanor and included a provision differentiating between "neglect" and "poverty." One committee added provision reads: "Neglect does not include the failure to provide necessary resources ... due to solely to lack of financial resources or homelessness."
Still Baltimore County's Delores G. Kelley argued that the bill is superfluous since existing child abuse statues protect minors. She would prefer families have access to parenting classes and other resources that would relieve the conditions under which neglect occurs.
"You'll have huge numbers of families drawn into the criminal justice system," said Kelley, a Democrat. "When we criminalize these parents ... all we do is make it harder for them to bond with these children."
Kelley argued that at the end of the day, the children will likely end up with the parents and the state would be better served by educating the adults.
But JPR Chairman Brian Frosh said the proposed rule cures a loophole in current law: Child abuse cases must demonstrate physical harm to the victim. More subtle forms of abuse, like intentional malnutrition or locking a child in a closet for a prolong period, would not necessarily trigger the existing abuse statutes, he said.
"Some of this outrageous behavior can not be charged," said Frosh, a Montgomery County Democrat.
The bill received preliminary approval in the Senate and House this morning.
Comments
I wish that I had been there today!
As much as I agree that there appears to be an unusually larger issue within our urban communities the suburbs are no safe haven either and we can see how families are annihilated at the bat of an eye in the most affluent neighborhoods as well!
However, I want the measure of punishment to fit the crime as with anything else!
Personally, I am dealing with a three year abusive situation where the mother of has been continuously neglecting, mentally physically abusing my only two granddaughters. Child protective services has been called at least 12 times and to this date nothing has been done-no home visit no nothing…to this day she is still doing her dirt and quite bolder then ever. She has left them alone, never and refuses to help them with heir home work-the response is that it’s the teacher’s job. My granddaughters are dirty, their hygiene is poor, they are anemic and she is just brazen in her belligerence towards the father, who is my son as ever. Today in fact, I surprised my two granddaughters and picked them up from their elem. school and when we got to their home no one was home. The neighbor came out and knocked on the door and still no answer. So since she refuses to read to them and help them with their school work-we all sat in my car and finished up… she did not return for two hours-no thank you- no explanation. There are far worse scenarios then what I have just explained but she has been reported by their school and nothing has been done. Anne Arundel County is very lacks when it comes to Child Protective Services .we reported her three times last year and nothing was or has been done to this very date. There are just some folks who do not want to be parents even though they have children. This is not rocket science here if it something that you care about then you take care of it!
I am a tax payer Now what is to be done? No one does anything until there is death-then they fire employees-this does not solve anything!
Posted by: Ms."J" | March 23, 2011 7:21 PM