A parent's failure to prevent harm to his/her child.

In People v Borom, __ Mich __ (#146714, 5/29/2013) the Michigan Supreme Court remanded to the Court of Appeals for consideration, as on leave granted, of: (1) whether a parent’s failure to act to prevent harm to his or her child satisfies the requirement for a knowing or intentional act under the first-degree child abuse statute, MCL 750.136b(2), in light of MCL 750.136b(3) that separately punishes omissions and reckless conduct as second-degree child abuse; (2) if so, whether the failure to prevent a person who may be dangerous to the child to have contact with the child violates the first-degree child abuse statute; (3) whether there is a common law duty of a parent to prevent injury to his or her child; and, (4) assuming that there is such a duty under the common law, whether aiding and abetting under MCL 767.39 can be proven where the defendant failed to act according to a legal duty, but provided no other form of assistance to the perpetrator of the crime.

Of specific interest is whether there is a common law duty, and with what effect.