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California Penal Code Section 11165.2

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 11165.2

As used in this article, "neglect" means the negligent
treatment or the maltreatment of a child by a person responsible for
the child's welfare under circumstances indicating harm or threatened
harm to the child's health or welfare.  The term includes both acts
and omissions on the part of the responsible person.
   (a) "Severe neglect" means the negligent failure of a person
having the care or custody of a child to protect the child from
severe malnutrition or medically diagnosed nonorganic failure to
thrive.  "Severe neglect" also means those situations of neglect
where any person having the care or custody of a child willfully
causes or permits the person or health of the child to be placed in a
situation such that his or her person or health is endangered, as
proscribed by Section 11165.3, including the intentional failure to
provide adequate food, clothing, shelter, or medical care.
   (b) "General neglect" means the negligent failure of a person
having the care or custody of a child to provide adequate food,
clothing, shelter, medical  care, or supervision where no physical
injury to the child has occurred.
   For the purposes of this chapter, a child receiving treatment by
spiritual means as provided in Section 16509.1 of the Welfare and
Institutions Code or not receiving specified medical treatment for
religious reasons, shall not for that reason alone be considered a
neglected child.  An informed and appropriate medical decision made
by parent or guardian after consultation with a physician or
physicians who have examined the minor does not constitute neglect.

Last modified: January 12, 2009