Neglect of a Dependent in Indiana: What You Need to Know
Neglect of a dependent is a serious criminal charge in Indiana that can have life-changing consequences. Whether you are a parent, guardian, or caregiver, understanding Indiana’s laws on child neglect is critical. If you or a loved one is facing allegations, securing legal representation immediately is essential to protecting your rights.
What is Neglect of a Dependent in Indiana?
Under Indiana Code 35-46-1-4, neglect of a dependent occurs when a person who has the care of a child or dependent:
Places them in a dangerous situation
Abandons them
Fails to provide necessary food, shelter, or medical care
Fails to ensure required education
Neglect can occur knowingly, intentionally, or through reckless behavior. Even if no harm occurs, the risk of harm alone may be enough for a charge. For the exact legal definition, refer to Indiana Code § 35-46-1-4.
Penalties for Neglect of a Dependent
Neglect charges vary in severity, with penalties depending on the circumstances:
| Charge Level | Circumstances | Potential Penalty |
|---|---|---|
| Level 6 Felony | General neglect (no injury) | 6 months – 2.5 years in prison, fines up to $10,000 |
| Level 5 Felony | Neglect causing bodily injury or involving drugs | 1 – 6 years in prison, fines up to $10,000 |
| Level 3 Felony | Neglect causing serious bodily injury | 3 – 16 years in prison, fines up to $10,000 |
| Level 1 Felony | Neglect resulting in death (child under 14) | 20 – 40 years in prison, fines up to $10,000 |
Beyond legal penalties, a conviction can lead to loss of custody, professional consequences, and lasting damage to your reputation. If you are facing a Child in Need of Services (CHINS) case due to DCS involvement, it's crucial to understand your rights. Learn more about DCS child removal and how to fight for your parental rights: Navigating DCS Child Removal in Indiana.
Common Examples of Child Neglect
Neglect charges can stem from various situations, including:
Leaving a child unattended in a car
Failing to seek medical care for an injured or ill child
Allowing a child to live in hazardous conditions
Exposing a child to drug activity or domestic violence
Educational neglect (chronic truancy or failure to enroll in school)
Every case is unique, and even well-meaning parents can find themselves facing accusations.
Defenses Against Neglect Charges
Indiana law provides certain defenses to neglect charges, including:
Safe Haven Law – If a parent legally surrenders an infant under Indiana’s Safe Haven Law, it is not considered neglect.
Religious Exemption – Parents who rely on spiritual healing instead of medical treatment may be protected under religious exemption laws. However, this does not apply in all cases.
Legal Custody Arrangements – If a child is lawfully placed in someone else's care, neglect charges may not apply.
A strong legal defense can highlight the lack of intent, insufficient evidence, or alternative explanations for the allegations. If you're facing these charges, understanding your legal options is critical. Discover common criminal defenses in Indiana and how an experienced attorney can fight for you: Common Criminal Defenses in Indiana.
Why You Need an Experienced Criminal Defense Attorney
A neglect of a dependent charge is serious and requires immediate legal action. At Vining Legal, we will:
Investigate the facts and challenge weak evidence
Protect your parental rights and advocate for fair treatment
Negotiate with prosecutors to reduce or dismiss charges
Provide strategic defense to minimize potential consequences
Take Action Now – Protect Your Future
If you are facing neglect of a dependent charges in Indiana, do not wait to seek legal representation. The sooner you have an attorney on your side, the stronger your defense will be.
📞 Call Vining Legal today at (317) 759-3225 or schedule a consultation now: Click Here
Your future and your family are too important to leave to chance—get the experienced defense you need today.