Neglect


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Related to Neglect: child neglect

Neglect

An omission to do or perform some work, duty, or act.

As used by U.S. courts, the term neglect denotes the failure of responsibility on the part of defendants or attorneys. Neglect is related to the concept of Negligence, but its rather limited use in the law sets it apart from that much broader doctrine. Generally speaking, neglect means omitting or failing to do something that is required. Neglect is often related to timeliness: examples include the failure of a taxpayer to file a timely income tax return and the failure of an attorney to meet a deadline for filing an appeal. In determining whether to rule against a party, courts consider the reason for the neglect, which can range from unavoidable accidents and hindrances to the less acceptable extreme of carelessness and indifference to duty.

Special terminology applies to some forms of neglect. Culpable neglect exists where a loss arises from an individual's carelessness, improvidence, or folly. Willful neglect applies to marital cases; it refers to the neglect of one spouse, historically the husband, to provide such essentials as food, shelter, and clothing to the other spouse, either because of refusal or indifference. Excusable neglect is used to grant exceptions in cases where neglect was the consequence of accident, unavoidable hindrance, reliance on legal counsel, or reliance on promises made by the adverse party. Excusable neglect can serve as the basis for a motion to vacate a judgment, as in the case of explaining why a deadline for filing an appeal could not be met. Under the Federal Rules of Civil Procedure, excusable neglect authorizes a court to permit an act to be done after the official deadline has expired (Fed. R. Civ. P. 6 (b)).

Cross-references

Child Abuse; Necessaries.

References in periodicals archive ?
Other findings from the study found that 98 percent of local residents believe that adults "should do everything we can to ensure that all children in our community are safe." And nearly 90 percent believe there is a role for every person, neighborhood, group and organization to prevent child abuse and neglect.
signs of harm and neglect amongst their peers, but often they don't know what to do to support them or just don't feel they can get involved.
Although this definition encompasses the spectrum of neglectful behaviours, criticism may arise at the use of the word 'persistent, since neglect can also involve one-off incidents (NICE, 2009).
Minister for Community Safety Ash Denham MSP said: "For most children and young people, the summer holidays are a time for fun with family and friends, however for some this break from school and routine brings an increased risk of harm and neglect."
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Child neglect is the top reason adults contact us, and three-quarters of cases involving neglect reported to us last year were serious enough to be referred to children's services and the police.
The Baltimore City Circuit Court, as affirmed by the intermediate Court of Special Appeals, had held that Romero had proved only a 50-50 likelihood of neglect, a non-definitive result that meant reunification with his mother was "viable" under the federal immigration statute.
The definition and scope of parental neglect, while arguably centred on the spate of children's accidents, also include other forms of parental inattention and focus, experts said.
The disturbing news of the Blackstone mother, whose alleged neglect of her children had fatal consequences, should serve as a call to action on behalf of maltreated children.
CHILD neglect no longer simply means "Dickensian" images of starving and dirty children without shoes or clothes but also encompasses serious emotional harm, a leading charity has warned.