In Utah, child abandonment is addressed under Utah Code §76-5-109.3. This statute defines abandonment of a child as the act of a parent, guardian, or custodian intentionally leaving a child without adequate care, support, or supervision, resulting in the child’s potential harm or neglect. This law aims to protect children and ensure their safety and well-being by holding accountable those who fail to provide necessary care.
Salt Lake County Criminal Defense Lawyer
You can be charged with child abandonment even in situations as minor as your child running shirtless around the neighborhood or being left alone briefly in a parked car, if concerned neighbors or bystanders report it to authorities.
Susanne Gustin, Attorney at Law is an experienced defense attorney with decades of experience defending clients against criminal charges. If you have been charged with abandonment of a child, contact Susanne Gustin, Attorney at Law at 801-243-2814. Criminal defense attorney Susanne Gustin services clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, Layton, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Abandonment of a Child
What is Abandonment of a Child?
Child abandonment can occur under different circumstances, such as leaving a child unattended for an extended period without arranging for appropriate care or support. The law applies not only to physical abandonment but also to situations where a parent fails to fulfill their responsibilities in providing for the child’s basic needs, such as food, shelter, and medical care. Utah Code §76-5-109.3 states as follows:
An actor commits child abandonment if the actor is a parent or legal guardian of a child, and:
- intentionally ceases to maintain physical custody of the child;
- intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and
- intentionally fails to provide the child with food, shelter, or clothing;
- manifests an intent to permanently not resume physical custody of the child; or
- for a period of at least 30 days, intentionally fails to resume physical custody of the child and fails to manifest a genuine intent to resume physical custody of the child
Religious Exemption
The statue also states:
“A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to have committed an offense under this section.”
In other words, as long as the parent is genuinely following the practices of their faith in choosing prayer over medical treatment, this decision alone does not constitute an offense under the law.
Penalties for Child Abandonment in Utah
Utah takes this offense very seriously, which is why it is considered a felony to abandon a child:
Third-Degree Felony:
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony (if the abandonment leads to serious bodily injury):
- Up to 15 years in prison and
- Fines up to $10,000.
Additionally, child abandonment convictions may have long-term consequences on parental rights, including potential termination of custody or visitation privileges.
Defenses for Child Abandonment:
There are various legal defenses that may be employed in child abandonment cases:
Temporary Delegation of Care
A parent may argue they made reasonable arrangements for the child’s care and did not intend to abandon them.
Unforeseen Emergencies
If a situation arose unexpectedly and led to the parent being unable to return to their child, this defense may be used.
Lack of Intent
Demonstrating that there was no intention to leave the child without care or support can serve as a defense in court.
Additional Resources for Abandonment of a Child
- Utah Code §76-5-109.3.: Child abandonment occurs when a parent intentionally relinquishes physical custody, fails to provide necessary care, food, shelter, or clothing, and shows no genuine intent to resume custody, especially if this continues for at least 30 days.
- Utah Division of Child and Family Services: Call the Child Protective Services hotline at 1-855-323-3237 to report suspected child abuse or neglect.
Hire a Child Abandonment Lawyer in Salt Lake County, Utah
Susanne Gustin, Attorney at Law is an experienced defense attorney with decades of experience defending clients against violent crime charges. She will work with you to develop a defense strategy tailored to your circumstances. Facing criminal charges should be taken seriously because of the detrimental impact that it can have in your life. A conviction can lead to imprisonment and/or fines. It is important to retain legal representation in the earliest stages of your case to achieve a favorable outcome.
Susanne Gustin, Attorney at Law, actively pursues every possible option to obtain the best possible result in each case, including dismissal and reduction of the charges. If you have been charged with abandonment of a child, contact Susanne Gustin, Attorney at Law at 801-243-2814. Criminal defense attorney Susanne Gustin services clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, Layton, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
