neglect,n.1. The omission of proper attention to a person or thing, whether inadvertent, negligent, or willful; the act or condition of disregarding. 2. The failure to give proper attention, supervision, or necessities, esp. to a child, to such an extent that harm results or is likely to result. Cf. ABUSE. — neglect,vb. — neglectful,adj.

“ ‘Neglect’ is not the same thing as ‘negligence.’ In the present connection the word ‘neglect’ indicates, as a purely objective fact, that a person has not done that which it was his duty to do; it does not indicate the reason for this failure. ‘Negligence,’ on the other hand, is a subjective state of mind, and it indicates a particular reason why the man has failed to do his duty, namely because he has not kept the performance of the duty in his mind as he ought to have done. A man can ‘neglect’ his duty either intentionally or negligently.” J.W. Cecil Turner, Kenny’s Outlines of Criminal Law 108 n.1 (16th ed. 1952).

child neglect.The failure of a person responsible for a minor to care for the minor’s emotional or physical needs. • Child neglect is a form of child abuse. Local child-welfare departments investigate reports of child neglect. In a severe case, criminal charges may be filed against a person suspected of child neglect. [Cases: Infants 156.]

culpable neglect.Censurable or blameworthy neglect; neglect that is less than gross

carelessness but more than the failure to use ordinary care.

developmental neglect.Failure to provide necessary emotional nurturing and physical or

cognitive stimulation, as a result of which a child could suffer from serious developmental delays. educational neglect.Failure to ensure that a child attends school in accordance with state law.

excusable neglect.A failure — which the law will excuse — to take some proper step at the proper time (esp. in neglecting to answer a lawsuit) not because of the party’s own carelessness, inattention, or willful disregard of the court’s process, but because of some unexpected or unavoidable hindrance or accident or because of reliance on the care and vigilance of the party’s counsel or on a promise made by the adverse party. [Cases: Federal Civil Procedure 2656;

Judgment 362. C.J.S. Judgments § 320.]

inexcusable neglect.Unjustifiable neglect; neglect that implies more than unintentional inadvertence. • A finding of inexcusable neglect in, for example, failing to file an answer to a complaint will prevent the setting aside of a default judgment. [Cases: Federal Civil Procedure

2656; Judgment 362. C.J.S. Judgments § 320.]

medical neglect.Failure to provide medical, dental, or psychiatric care that is necessary to prevent or to treat serious physical or emotional injury or illness. • In determining whether a parent’s refusal to consent to medical treatment is neglectful, courts use any of three approaches: (1) an ad hoc test, (2) a best-interests-of-the-child test, or (3) a balancing test that weighs the interests of the parents, the child, and the state. Cf. FAITH-HEALING EXEMPTIONN.

physical neglect.Failure to provide necessaries, the lack of which has caused or could cause

serious injury or illness.

willful neglect.Intentional or reckless failure to carry out a legal duty, esp. in caring for a


[Blacks Law 8th]