D.C. law bars treating homelessness alone as child neglect

D.C. law says homelessness or lack of stable housing alone cannot establish that a child is neglected. The rule applies when deciding whether a child in D.C. is neglected.

D.C. law counts inadequate care as neglect when it causes serious harm or a substantial risk of serious harm. The harm can be physical, mental, or emotional. The test concerns a parent, guardian, or custodian's failure to provide adequate care, including basic supervision, necessities, and education required by law. Officials must consider all the circumstances. The failure to provide care cannot be due only to lack of money. Getting or qualifying for public benefits alone does not prove that money was not the only cause.

D.C. law defines acts that count as child abuse and when physical discipline is excluded. Abuse includes physical or mental injury, sexual abuse, withholding basic care, blocking a child's breathing, and threatening or using certain weapons on a child. Physical discipline by a parent, guardian, or custodian is excluded only if the child is at least 3 years old and the discipline is reasonable and moderate.

D.C. law defines when a child counts as abandoned. One test covers a parent, guardian, or legal custodian who makes no reasonable effort to keep a relationship with the child. The other covers a newborn in a D.C. hospital whose parent makes no effort to keep a relationship or contact the child or hospital. A child surrendered under D.C.'s newborn safe haven law does not count as abandoned under this definition. The first test requires at least four months without reasonable efforts. The hospital test applies after the child has stayed there for at least 10 days following birth.