State of Wisconsin v. Metz

“The statute under which Metz was charged provides that “[a]ny person who is responsible for a child’s welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child “is guilty of a Class D felony if death is a consequence of the neglect. Wis. Stat. § 948.21(1)(d). Thus, whether leaving the methadone accessible to Benjamin is framed as an affirmative act or as a failure to take protective action, the statute expressly contemplates that neglect can take either form.”

Source: Leagle – October 19, 2011