San Antonio Child Endangerment & Neglect Defense Lawyers – Protecting Your Rights & Family’s Future

The Gravity of Child Endangerment and Neglect Charges in Texas

Being charged with child endangerment or neglect is one of the most emotionally charged and legally complex situations a parent or caregiver can face. In Texas, these are not mere family court matters; they are serious criminal felonies prosecuted aggressively by the state. At Barton & Associates, we understand that these accusations often stem from moments of crisis, tragic accidents, misunderstandings of the law, or malicious false allegations during contentious divorces or custody battles. The state’s immediate response is severe: removal of your children by Child Protective Services (CPS), followed by criminal charges that carry the threat of decades in prison and the permanent loss of your parental rights. The stigma is immense, and the system is weighted against you from the start. Your freedom, your family, and your reputation are under simultaneous attack. Navigating this requires more than just a lawyer; it requires a dedicated defense team skilled in both criminal law and the intricate CPS process.

Understanding Texas Laws: Endangerment vs. Neglect

Texas law contains several statutes addressing harm to children. Knowing the exact charge is critical, as the penalties and defenses differ significantly.

Child Endangerment (Texas Penal Code § 22.041)

This charge involves placing a child in imminent danger of death, bodily injury, or physical or mental impairment. It is not necessary for the child to be injured—only placed in a dangerous situation.

• Elements: The state must prove you intentionally, knowingly, recklessly, or with criminal negligence engaged in conduct that placed a child under 15 in imminent danger.
• Common Examples: Driving intoxicated with a child in the car, manufacturing drugs in a child’s presence, leaving a young child unattended in a bathtub, or engaging in domestic violence in front of a child.
• Classification: Generally a state jail felony. It becomes a third-degree felony if you used a deadly weapon during the offense or the child was under 6 years old.

Child Neglect (As part of “Injury to a Child” – Texas Penal Code § 22.04)

This is a broader charge involving a failure to act. It criminalizes intentionally, knowingly, recklessly, or with criminal negligence, by omission, causing a child serious bodily injury, serious mental deficiency or injury, or bodily injury.

• Elements: The state must prove you had a legal duty to care for the child (as a parent, guardian, or caregiver), you were aware of the child’s needs, and you consciously chose not to act, resulting in harm.
• Common Examples: Failing to provide necessary food, medical care, or shelter; leaving a child with a known dangerous person; or ignoring serious health needs.
• Classification: Severity ranges from a state jail felony to a first-degree felony based on the level of intent and the severity of the injury caused.

The Critical Role of CPS (DFPS)

Parallel to any criminal case, the Texas Department of Family and Protective Services (DFPS) will launch its own civil investigation. This process operates under a lower standard of proof (“preponderance of evidence”) and can result in:

• Emergency Removal of your children.
• Creation of a service plan with requirements like drug testing, parenting classes, and counseling.
• Permanent termination of your parental rights if the state proves you engaged in conduct outlined in the Family Code.
• A skilled defense attorney must fight on both fronts—the criminal court and the CPS court—simultaneously.

Severe Penalties: More Than Just Prison Time

The consequences of a conviction are catastrophic and multi-layered, designed to punish and permanently alter your life and family structure.

Criminal Penalties:

• State Jail Felony: 180 days to 2 years in a state jail facility + up to $10,000 fine.
• Third-Degree Felony: 2 to 10 years in state prison + up to $10,000 fine.
• Second-Degree Felony: 2 to 20 years in state prison + up to $10,000 fine.
• First-Degree Felony: 5 to 99 years, or life, in state prison + up to $10,000 fine.

Collateral & Family Consequences:

• Loss of Parental Rights: The criminal conviction provides grounds for CPS to seek permanent termination of your parental rights in a separate civil suit.
• Permanent Felony Record: A “child abuse” felony will appear on all background checks, banning you from vast fields of employment (education, healthcare, childcare, coaching).
• Loss of Visitation & Custody: Even without termination, you may lose all decision-making power and be restricted to supervised visitation.
• Mandatory Registry: In some cases, a conviction can lead to being placed on a child abuse registry, which is public and permanent.
• Social Stigma and Isolation: The label alone can destroy your standing in your community, church, and extended family.
• Immigration Consequences: For non-citizens, this is a deportable offense and bars future immigration benefits.

Common Defense Strategies for Child Endangerment & Neglect Cases

These cases are won by challenging the state’s narrative and introducing context. Our defense is built on compassion, science, and relentless scrutiny of the evidence.

Core Defense Strategies Include:

1. Accident, Not Crime: The injury was a tragic accident—a fall, a choking incident, an unforeseen allergic reaction—not the result of criminal recklessness or intent. We use medical experts to testify on plausible accidental causes.
2. Lack of Criminal Intent or Knowledge: You did not act “intentionally, knowingly, or recklessly.” Perhaps you were unaware of a hidden danger, or a medical condition was misdiagnosed by doctors before the incident. We challenge the state’s ability to prove your mental state.
3. False or Exaggerated Allegations: Common in bitter divorces or custody disputes. We meticulously cross-examine the accusing party’s motives and uncover inconsistencies in their story. We also challenge the “coaching” of child witnesses.
4. Challenging CPS Procedures & Bias: CPS investigations are often rushed and biased from the initial “hotline” call. We attack their methodology, interview techniques, and failure to consider exculpatory evidence. We demand full transparency in their files.
5. Parental Rights Defense: We argue that the situation involves a difference in parenting judgment, not criminal neglect. The law does not mandate perfect parenting, only a minimum standard of care.
6. Proactive Mitigation & Family Preservation: From day one, we advise clients to voluntarily engage in services (counseling, parenting classes, stable housing) to demonstrate responsibility. This is critical for both the criminal case and the concurrent CPS case to show the court you are taking steps to ensure child safety.

The Critical First Steps: A Dual-Track Crisis Demands Immediate Action

The moment you learn of an investigation, two clocks start ticking: one for criminal charges and one for CPS removal. Your response must be immediate and precise.

1. DO NOT SPEAK TO CPS OR POLICE WITHOUT AN ATTORNEY. This is the most important rule. CPS investigators are not there to help you; their goal is to gather evidence for the state. Anything you say will be used against you in both criminal and civil court. Politely state, “I will cooperate fully with my attorney present.”
2. DOCUMENT EVERYTHING. Write down a detailed timeline of events leading to the accusation. Preserve text messages, emails, and any communication with the other parent or accuser.
3. SECURE YOUR ENVIRONMENT. If CPS is likely to visit, ensure your home is safe, clean, and has ample food. Address any obvious hazards.
4. CONTACT A DEFENSE ATTORNEY WITH CPS EXPERIENCE IMMEDIATELY. You need a lawyer who can file emergency motions to prevent or contest child removal, attend all CPS meetings and court hearings, and coordinate your defense across both proceedings. Early intervention can prevent removal altogether.

Why Barton & Associates is Uniquely Equipped for This Fight

These cases require a rare dual expertise. Our firm is built to defend families on all fronts.

• Dual Courtroom Expertise: Our attorneys are experienced litigators in both criminal district courts and CPS courts. We understand the different rules, standards, and strategies required in each arena.
• Former Prosecutorial & CPS Insight: Our team includes attorneys who have worked on the other side, giving us invaluable insight into how the state builds these cases and negotiates.
• Network of Essential Experts: We work with a trusted network of medical doctors, pediatric specialists, psychologists, and social workers who can provide expert testimony to rebut accusations and explain context to a jury.
• Compassionate, Family-Focused Advocacy: We defend you with aggression in the courtroom, but we also guide your family through this nightmare with clarity and support, always keeping the goal of family reunification at the forefront when possible.

Your Family’s Future Is at Stake. Begin Your Defense Now.

A child endangerment or neglect charge is a legal and personal hurricane. The state has the power to dismantle your family permanently. Hope is not a strategy; a proactive, expert-led defense is.

Do not speak to investigators. Do not assume it will blow over.

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will immediately intervene with CPS, begin securing your children’s return, and start building the powerful, multi-layered defense you need to protect your freedom and your family.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000