Caregiver Liability: When Child Neglect Leads to a WI Death

 Posted on August 30, 2025 in Criminal Defense

The death of a child is a tragedy, regardless of the circumstances. When a child dies as a result of alleged neglect, parents, guardians, or other caregivers may not only be facing child neglect charges, but they could also face homicide charges. Under Wisconsin law, failing to act sometimes carries the same weight as committing an intentional act, so it is vital to understand caregiver liability and how it works in tragic cases involving the death of a child.  

Wisconsin law defines child neglect under Wis. Stat. Section 948.21. Child neglect includes the failure to provide basic and necessary care such as shelter, supervision, medical care, clothing, and food. Child neglect does not require the element of intent, only a failure to meet the basic responsibilities of a caregiver to a child. Under the statute, "caregivers" may include parents, step-parents, guardians, relatives, babysitters, child care workers, or anyone responsible for the welfare of a child.  

If you are being accused of child neglect that resulted in the death of a child, you need immediate legal representation. The sooner your lawyer can begin building a defense on your behalf, the better the outcome you are likely to have. Consulting with an experienced Ozaukee County, WI criminal defense lawyer is the best step you can take to ensure your rights and your future are protected.  

Homicide by Neglect in Wisconsin

When the homicide of a child results from a caregiver’s neglect, the prosecution can charge the neglect as a form of reckless or negligent homicide. The charges could range from the maximum of a Class B felony with penalties of up to 60 years in prison, to lesser charges, depending on the circumstances of the neglect and subsequent death. Some scenarios that could potentially trigger homicide charges as a result of a caregiver’s neglect include:

• Leaving a child in a locked car on a hot day can be considered criminal negligence if heat exposure leads to the death of the child.
• Withholding or delaying medical care for a sick or injured child can trigger caregiver homicide charges (unless there is a religious exception).
• Leaving a child unsupervised in an inherently dangerous environment like a swimming pool, a party where drugs are present, or a vehicle can lead to homicide charges if the child dies as a result.
• Failing to provide shelter in extreme weather or provide adequate food and water, which leads to the child’s death from starvation, dehydration, or exposure, is a severe form of neglect that can result in homicide charges.  
• Leaving a child in a situation where a serious fall could occur, such as near an open window on a third-floor apartment, can result in homicide charges if the child falls from the window and dies.
• When a child is left in unsanitary or unsafe living conditions, it can lead to fatal illnesses and infections, and can result in homicide charges from extreme neglect.

Intent vs. Negligence

If prosecutors can prove the harm to the child is intentional, they may pursue child abuse homicide charges. Charges can still be filed even when the caregiver did not mean for harm to occur and was either negligent or reckless. The court will weigh the caregiver’s knowledge of the risk involved and his or her ability to prevent the harm that occurred.

The defense attorney will attempt to show that the caregiver did not realize harm could occur or did not know that the child’s condition was life-threatening - in other words, negligence rather than intent. If the child died from lack of medical care, the defense attorney will show that the death was the result of an underlying illness rather than intentional neglect.  

Contact a Milwaukee County, WI Homicide Attorney

If you are facing homicide charges stemming from the neglect of a child, you need a knowledgeable Waukesha, WI criminal defense lawyer from Bucher Law Group, LLC. These are highly emotional cases, and prosecutors may aggressively pursue the maximum penalties. Attorney Butcher has litigated some of the most high-profile, complex cases in the state and has personally handled dozens of homicide cases. Call 262-303-4916 to schedule your free consultation.