from the manual ...
2.4 Physical neglect
2.4.1 Statutory and regulatory definition
The Code of Virginia § 63.2-100 provides the statutory foundation for the definition of
physical neglect. The Virginia Administrative Code provides the regulatory definition
for physical neglect:
(22 VAC 40-705-30 B). Physical neglect occurs when there is the failure to provide food,
clothing, shelter, or supervision for a child to the extent that the child's health or safety is
endangered. This also includes abandonment and situations where the parent or
caretaker's own incapacitating behavior or absence prevents or severely limits the
performing of child caring tasks pursuant to § 63.2 –100 of the Code of Virginia. This
also includes a child under the age of 18 whose parent or other person responsible for his
care knowingly leaves the child alone in the same dwelling as a person, not related by
blood or marriage, who has been convicted of an offense against a minor for which
registration is required as a violent sexual offender pursuant to § 9.1-902.
(22 VAC 40-705-30 B1). Physical neglect may include multiple occurrences or a onetime
critical or severe event that results in a threat to health or safety.
2.4.2.2 Inadequate supervision
The child has been left in the care of an inadequate caretaker or in a situation
requiring judgment or actions greater than the child's level of maturity, physical
condition, and/or mental abilities would reasonably dictate. Inadequate
supervision includes minimal care or supervision by the caretaker resulting in
placing the child in jeopardy of sexual or other exploitation, physical injury, or
results in status offenses, criminal acts by the child, or alcohol or drug abuse.
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The law in Virginia does not specify an age. Several of us searched and could not find any additional laws in Pulaski County specifying ages or guidelines (as some other counties in VA do). That doesn't mean they don't exist but they were not readily found online.
The key would be if they decide that age 5 is too young to be left watching TV while mom naps (however many feet away). One of the factors to be considered is accessibility to a responsible adult. In this case, she was accessible to him (as far as we know).
Yeah, I can see where negligence charges could be brought but I don't think we have enough information available to us to really know.
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Edited to add - *please see gitana1's post #81.
Cameron Austin 
