What does §22.041 prohibit?

It prohibits abandoning or endangering a child under 15 by act or omission that exposes them to risk of harm.

Difference between neglect and abandonment?

Neglect is failure to provide adequate care; abandonment is leaving a child without care or intent to return.

Penalties for abandonment?

Penalties range from a Class A misdemeanor to a second-degree felony depending on risk and intent.

Can CPS remove my child before conviction?

Yes, CPS may act during an investigation, but an attorney can challenge removals.

Defenses include lack of intent, provision of reasonable care, and emergency justification.

Child Neglect & Abandonment in Texas

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Child Neglect & Abandonment
Texas Penal Code §22.041

Overview of Child Neglect & Abandonment

Under §22.041, a person may be charged with abandoning or endangering a child when they intentionally leave a child without reasonable care, supervision, or protection. These cases often involve complex circumstances—yet they can result in severe felony charges.

Definition of Child Neglect & Abandonment

Abandonment: Leaving a child without providing reasonable care or supervision under circumstances that expose the child to risk of harm.
Endangerment: Placing a child in imminent danger of death, bodily injury, or physical/mental impairment—by act or omission.

Penalties of Child Neglect & Abandonment

Abandonment with intent to return: Class A misdemeanor
Abandonment without intent to return: State jail felony
Abandonment with imminent danger: Second-degree felony
Endangerment: State jail felony

Defenses for of Child Neglect & Abandonment

Lack of intent, reasonable care was provided, false allegations, and emergency justification.

Crimes Against Children • Child Endangerment • Injury to a Child • Child Abuse / Domestic Violence

Contact Dunham & Jones Today

If you’ve been accused of neglect or abandonment, time is critical. Dunham & Jones defends parents and caregivers across Texas.
Call 800-499-8455 for a confidential free consultation today to discuss your case.