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Responsible parties who put a child at risk of undue physical or mental harm can be charged with neglect of a child. Examples: Unlike other states, state law only allows child endangerment charges, even if there are multiple children in the car. For example, if a driver has two twelve-year-old passengers in the back seat and is convicted of impaired driving, only one charge of child endangerment is possible, not two. That`s not true in every state, but it`s in South Carolina. However, the main difference you should know is that child neglect or «illegal conduct towards a child» is a crime punishable by up to ten years in prison and prosecuted in the Court of General Sessions. «Cruelty to children», on the other hand, is an offence punishable by up to 30 days` imprisonment and is usually prosecuted before the magistrate or district courts. If someone has reported you to DSS for possible child abuse, the ministry will send a representative to your home to determine if there is a case for removing your child. If the DSS abducts your child, you are entitled to a hearing within 72 hours of your child being bankrupted in emergency pre-trial detention. A judge will determine if there was a probable reason to remove your child. The next step is a hearing, which should be scheduled within 35 days, setting out the ministry`s case against you. The DSS may recommend anger management classes or other treatment plans that you must follow to be reunited with your child. This can significantly increase the severity of sentences for a potentially already very serious offence.

The Child Endangerment Act adds additional penalties to what a person would expect for the offence of impaired driving. There are many ways to accuse someone of harming a child in SC, and there is often confusion among laymen, police investigators, and even lawyers and judges about what each crime means. South Carolina identifies three types of illegal treatment of children. These include child abuse, illegal behaviour towards a child (or neglect of a child) and endangering children. Article 63-7-20 of the Safety Code defines the offence of child abuse or neglect. According to this section, parents, guardians or other caregivers commit child abuse or neglect if they: A child endangerment offence can land you in jail, result in hefty fines and the loss of your driver`s licence. The offence of endangering children exists when there are children in the car and a person commits another specially enumerated traffic offence. Charging often occurs in situations where the driver was intoxicated with children in the car. A conviction for child injury can have serious consequences, which can include imprisonment and irreparable damage to a person`s reputation and ability to find meaningful employment. For these reasons alone, it is important that you immediately get an experienced legal defense team by your side if you have been charged with a crime against a child or if you believe you are under investigation for harming a child. If you suspect that a child has been abused or neglected outside the home (e.g., in a nursing home, daycare, etc.), contact the state`s Office of Out-of-Home Abuse and Neglect (OHAN).

Hours: 8:30 a.m. to 5:00 p.m., Monday to Friday, (803) 898-7669 Outside business hours Contact: Toll free 1-800-645-9789 If you suspect a child has been abused or neglected, contact your local Ministry of Social Services (DSS) office (county). Contact information for the district office can be found here. If you`re convicted of drunk driving or run from prosecution while a child is in the car, sentences for a child endangerment conviction can be piled up at the top. Not only will the person face the penalties associated with the underlying offense, but they can also deal with it: «child cruelty» is the cousin of child neglect in South Carolina — punishable by up to 30 days in jail. Determining which crime applies in a particular situation can be confusing for people without legal training. Therefore, anyone accused of harming a child should consult a nearby lawyer who focuses on endangering children to better understand these charges and relevant laws. Article 63-5-70 of the Supreme Court Code establishes as a criminal offence punishable by up to ten years the fact that a parent, guardian or other person who has custody of a child «exposes the child to undue risk», causes bodily harm to a child or intentionally leaves the child injured: endangering children is another offence of the Supreme Court that provides for additional penalties, if a person is convicted of an offence of impaired driving or failure to stop. for a blue light if there is a child under the age of 16 in the vehicle at the time of the offence: child neglect and child cruelty are two SC crimes that are often confused – each crime involves injuring a child and each crime contains broad and ambiguous language that can be interpreted to cover a wide range of possible behaviours.

Article 63-5-80 of the SC Code criminalizes «cruel abuse», deprivation of «necessary food or housing» or «inflicting unnecessary pain or suffering on a child». As with child neglect, a person must be the parent, guardian or custody of the child at the time of the offense: crimes against children are taken very seriously in South Carolina.