Child neglect laws vary from state to state in their naming (child abuse, child neglect, child endangerment, etc.), definitions, and penalties (misdemeanor or felony, jail or probation). But parents, guardians, and other adult caregivers with responsibility for supervising children have an obligation to protect those children from unreasonably dangerous conditions.

Situations that may constitute child neglect include (1) failing to ensure the child receives necessary medical care; (2) failing to provide the child with food, clothing, and shelter; (3) leaving a child unattended in a motor vehicle; (3) serving alcohol to an underage driver; (4) driving while intoxicated with a child in the motor vehicle; (5) leaving a young child unsupervised in an unsafe place or situation; (6) unreasonable punishment resulting in bodily injury (severe spanking, burning, extended isolation, etc.); (7) hiring a babysitter, nanny, or other adult supervisor with a known history of sexual or other abuse of children; (8) leaving firearms within the reach of children; (9) exposing a child to drug transactions or manufacturing; (10) exposing a child to pornography; (11) engaging in sexual activity in view of a child; and (12) placing or allowing a child to remain in a situation that may endanger the child’s life, physical health, mental health, emotional health, morals, or development.

Child neglect laws are usually included in a state’s penal or criminal code (statutes)—which provide for the related criminal charges—and in a state’s family code (statutes) that address the civil (non-criminal) implications of child neglect—often in the context of divorce and child custody matters.

Except in limited circumstances, federal laws generally do not apply to child neglect matters that take place within a single state. Such criminal matters that take place within a single state are generally handled by state or local authorities and prosecuted under state laws. But if the neglect of a child involves conduct or materials in multiple states, or occurs on federal lands (military bases, American Indian territories) the offense may be prosecuted under federal law.

In Maine, child neglect is addressed under the Maine Revised Statutes, particularly in Title 22, which pertains to health and welfare, and Title 17-A, which covers the criminal code. Child neglect is defined as a failure to provide a child with proper care, supervision, or guardianship, including but not limited to the provision of adequate food, clothing, shelter, and medical care. Maine law considers it neglect when a caregiver's actions or failures to act create a substantial risk of harm to the child's health or welfare. This can include leaving a child unattended in a vehicle, driving under the influence with a child in the car, failing to supervise a child adequately, or exposing a child to dangerous or inappropriate situations such as drug activity or pornography. Depending on the severity and circumstances, neglect can be prosecuted as a misdemeanor or felony, with penalties ranging from fines and probation to imprisonment. Civil implications of child neglect in Maine may also arise in family court proceedings, affecting matters such as custody and parental rights. Federal laws typically do not apply to child neglect cases that are confined within the state of Maine unless the neglect involves interstate conduct or occurs on federal property, in which case federal prosecution may be possible.