The State of Texas can be increasingly tough in the Dallas-Fort Worth metroplex on what they consider to be an injury to a child. Mothers, fathers, and caretakers are being charged frequently for acts or failing to act resulting in a child’s harm. To further this problem, Child Protective Services (CPS) uses their own discretion to determine what child abuse is; while failing to take into account the facts and circumstances surrounding every alleged incident.
Injury to a Child is governed by Section 22.04 of the Texas Penal Code defines the offenses of Injury to a Child.
Section 22.04 Texas Penal Code. INJURY TO A CHILD, ELDERLY INDIVIDUAL, DISABLED INDIVIDUAL
(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; OR
(3) bodily injury.
What level offense depends on the force used and the nature of the injury that occurred. Generally speaking, there are a number of defenses available against the prosecution of this criminal offense. The most common defense is listed under Section 9.61 of the Texas Penal Code.
Section 9.61 Texas Penal Code. PARENT-CHILD
(a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
If you feel that Child Protective Services is investigating an incident against you for Injury to a Child, you should contact a qualified Dallas-Fort Worth Criminal Defense Attorney immediately. The Law Offices of Carl David Ceder, PLLC, is here to help you through all phases of the criminal justice process. Please call 214.702.CARL (2275) for immediate assistance.
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Carl David Ceder is an experienced Dallas-Fort Worth Injury to a Child Attorney who practices all over Texas, including all of Dallas County, Tarrant County, Collin County, Denton County, Rockwall County, and all adjoining counties:
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