It’s easier to go to jail for neglecting a pet than it is for neglecting a child in Maryland, according to the office of the state’s attorney general.
Del. Galen R. Clagett, D-Frederick County, is trying to fix that, sponsoring a bill that would criminalize child neglect — as the state has done for child abuse — with a felony offense and maximum 10 years imprisonment, as well as a $10,000 fine.
The bill defines neglect as a “pattern of failure” to provide “basic needs” including food, clothing, essential medical treatment, shelter or supervision.
Marylanders can be prosecuted for depriving an animal of “necessary sustenance,” including nutritious food, drink, fresh air and shelter, according to state law.
No comparable law exists concerning children, said Dermot Garrett, a lawyer with the National Center for the Prosecution of Child Abuse.
“All other states have child neglect laws,” Garrett said.
Maryland criminalizes child abuse, but there are “many, many cases where you can’t find a bruise on the child’s body even though they are obviously being neglected,” said Karla Smith, assistant state’s attorney for Montgomery County.
The state requires court intervention before a parent can be prosecuted for neglect — and court intervention is typically prompted by abuse, Smith said.
“We need to get to those children before neglect becomes abuse,” she said. “Years go by and we can’t help these kids. Neighbors are calling in, the schools are calling in, saying ‘we reported this two months ago and last year, and the child is still coming to school smelling of urine and feces, not properly clothed.'”
But the bill is “fatally flawed,” according to Mathew Joseph, executive director of Advocates for Children and Youth in Maryland.
“It attempts to treat the situation through incarceration,” he said. “This is not in the best interest of the children. We want as many children as possible to stay safely in their homes.”
