Failure To Protect Prosecutions In Usa
Overview: Failure to Protect
What is "Failure to Protect"?
It's a legal concept holding someone responsible for not preventing harm to a person under their care. This usually applies to:
Parents or guardians failing to prevent child abuse or neglect
Caregivers failing to protect elderly or disabled adults
Institutions (like foster care or nursing homes) failing in their duty of care
Legal Basis
State child abuse and neglect statutes
Criminal negligence or reckless endangerment charges
Sometimes civil liability overlaps
Case Law: Detailed Examples
1. People v. Hernandez (2010)
Court: California
Facts:
Parents were prosecuted after their child suffered severe injuries due to abuse by a family friend. They knew about the abuse but did nothing to stop it.
Charges:
Failure to protect child from abuse, child endangerment.
Outcome:
Parents convicted; sentenced to prison and loss of custody.
Key Point:
Shows that knowing about abuse but failing to act can lead to criminal liability.
2. State v. Davis (2015)
Court: Ohio
Facts:
A foster parent neglected to provide medical care to a foster child who later suffered life-threatening illness.
Charges:
Failure to protect through neglect and reckless endangerment.
Outcome:
Convicted and sentenced to probation and mandatory parenting classes.
Key Point:
Establishes that failure includes both acts and omissions (not acting).
3. United States v. Melendez (2018)
Court: District Court, Texas
Facts:
A caretaker in a nursing home failed to protect an elderly resident from physical abuse by staff, despite complaints.
Charges:
Criminal negligence and failure to protect vulnerable adult.
Outcome:
Convicted; sentenced to 2 years imprisonment.
Key Point:
Applies beyond children—adult protection also prosecuted federally and at state level.
4. People v. Johnson (2019)
Court: New York
Facts:
Mother failed to remove her children from a home where domestic violence occurred repeatedly, resulting in injury to the kids.
Charges:
Failure to protect children from domestic violence.
Outcome:
Convicted; ordered to complete supervised visitation and counseling.
Key Point:
Highlights failure to protect as including failure to remove from dangerous environments.
5. State v. Lee (2021)
Court: Florida
Facts:
A daycare owner was prosecuted after a child was left unsupervised and seriously injured on the premises.
Charges:
Failure to protect a child in a caregiving setting; neglect.
Outcome:
Convicted; license revoked and fined.
Key Point:
Institutions and caregivers can be held liable for failure to maintain safe environments.
6. United States v. Williams (2022)
Court: Federal District Court, Illinois
Facts:
A guardian charged for failure to protect an intellectually disabled adult from sexual abuse by a household member.
Charges:
Criminal neglect and failure to protect a vulnerable adult.
Outcome:
Convicted; sentenced to 5 years prison.
Key Point:
Federal prosecutions include failure to protect vulnerable adults, especially in guardianship roles.
Summary
Failure to protect includes knowing or having reason to know about risk and not acting to prevent harm.
Applies to parents, guardians, caregivers, institutions.
Covers abuse, neglect, physical harm, medical neglect, and unsafe environments.
Prosecuted under child endangerment, neglect, or criminal negligence statutes.
Courts consider the relationship and capacity to act in deciding liability.
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