When you were a young child, did you ever stay home alone while your parents went off to work? Despite many of us being raised that way, such actions today are a serious crime. If you leave your child unattended, then you could get charged with child neglect!
Have you recently been arrested and accused of child neglect in Texas? If so, then it’s important to learn everything you can about the charges and penalties associated with child neglect in our state.
The state of Texas defines child neglect as a parent or guardian’s failure to meet their child’s needs. A child’s needs, according to the state, include access to:
When a parent can’t meet these needs, they’re obligated by law to arrange for someone else to do so. You can also be found guilty of child neglect if you knowingly endanger your child. Texas recognizes the following factors as signs of child neglect:
You could also get charged with child abandonment or child endangerment. Abandonment occurs when you leave a child under 15-years-old without access to reasonable and necessary care. Here are a few different actions that could lead to criminal charges in Texas:
When analyzing your actions, courtrooms will consider what’s reasonable. For example, it wouldn’t be considered endangerment to let a 14-year-old go to another aisle in a grocery store. The same action could be considered endangerment, though, if the child was only six-months-old.
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Were you charged with a child neglect crime in Texas? The severity of your offense will play a huge role in the seriousness of your charges and potential penalties issued by the court. Here’s an overview of the types of child neglect crimes and their classifications:
State jail felonies can result in up to two years in prison. You could also end up paying over $10,000 in fines. A first-degree felony is the most serious crime, which means you could be sentenced anywhere from 5 to 99 years in prison. Simple abandonment with the intent to return could result in anywhere from six months to two years in jail.
Child abuse and child neglect are very different crimes. Child abuse happens when a child is intentionally injured either physically, mentally or sexually. Neglect, on the other hand, happens when the injury is not necessarily intentional but due to a failure to reasonably care for the child.
It’s also important to understand that Texas has mandatory reporting rules in place. Anyone who suspects child abuse or child neglect is occurring must report their suspicions to the authorities. If someone doesn’t report it, then they could be charged with a crime, too! A failure to report child abuse or neglect is considered a Class A misdemeanor, which means the person could face up to a year in jail. If someone else reports you for child neglect, then please understand that they were likely obligated to do so under state law.
If you are facing child neglect charges, then you’re likely worried about what will happen to you and your family. Aside from the criminal charges, you can also expect a full-scale investigation by Child Protective Services.
Here’s what to expect during the investigation:
You may think an investigation by CPS won’t matter because they won’t find any evidence of physical neglect. Don’t make the mistake of making such a grave error! In Texas, state laws sometimes allow CPS to take your child from your home even without any physical evidence or proof of neglect or abuse. You could also be subject to strict CPS monitoring even when no evidence is found that you were neglectful.
Due to the severity of child neglect charges and the potential for CPS to get involved, it’s crucial to hire an attorney when you’ve been accused. No parent wants their child to get subjected to the state’s child welfare system. Federal experts consistently agree that the system, unfortunately, exposes children to harm.
Our law firm will help you every step of the way. From defending yourself against child neglect charges to undergoing a CPS investigation, we’ll ensure you and your family’s rights are upheld.
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Child neglect charges are taken very seriously by the state of Texas. If you get accused, then you and your family will get subject to an investigation by CPS. You’ll also face criminal penalties including potential jail time, fines, or even the loss of your parental rights.
Our experienced criminal defense attorneys want to help you and your family. We’ll work hard to ensure the best possible legal outcome in your situation. If you’re ready to get started on a defense strategy, then reach out to our attorneys today.
