This study aims to analyze the logics e practices that fundament the negligence allegations as a justification for the institutional sheltering of children and youths as a protection measure by agents of the Children and Youth Rights Guarantee System, on the State of Rio de Janeiro. It is a qualitative study, that uses documental analysis and brings as sources of research reports made by technical teams of sheltering institutions of Rio de Janeiro, that subsidize the Child and Youth Module (MCA from the Portuguese acronym). One hundred reports, on which the reason for institutional sheltering was negligence, portrayed as poverty situation, abusive use of drugs and alcohol and bad hygiene conditions, were analyzed. The content of argumentations points more to permanence than to rupture in relation to the paradigm of finding poor families guiltyfor their own difficulties in providing adequate care of their offspring, reiterating the challenge of contextualizing the relationship between negligence and poverty, given that the actual legislation does not allow the sheltering of children and youth due to the lack of financial resources by their parents or their legal responsible. The consequence of this is that the new full protection paradigm contained on the Children and Youth Statute is not capable, by itself, of preventing that, in practice, the logic that is repressive and tends to find poor families guilty presents itself with terms like risk situation or negligence.