Child Endangerment Charges in Texas: THC Exposure, CPS Investigations, and Criminal Liability

Child Endangerment Charges in Texas: THC Exposure, CPS Investigations, and Criminal Liability

Child endangerment allegations are among the most serious accusations a parent or caregiver can face in Texas. These cases frequently arise alongside CPS investigations and may involve drug testing of a child, including hair follicle tests that detect THC exposure.

This article provides general legal information only. It is not legal advice and does not create an attorney–client relationship.

What Is Child Endangerment Under Texas Law?

Child endangerment is governed by Texas Penal Code § 22.041. A person may be charged if they:

  • Act intentionally, knowingly, recklessly, or with criminal negligence

  • By act or omission

  • Engage in conduct involving a child under 15 years old

  • That places the child in imminent danger of death, bodily injury, or physical or mental impairment

Actual injury to the child is not required. The statute focuses on whether the conduct created an immediate and unjustifiable risk.

Child endangerment is typically charged as a state jail felony, though related conduct often carries additional consequences in CPS and family court proceedings.

CPS Investigations and Criminal Charges Often Overlap

Many child endangerment cases originate in the CPS context. A CPS investigation may lead to:

  • Drug testing of a child

  • Removal or safety plan proceedings

  • A parallel criminal investigation by law enforcement

Although CPS cases are civil matters, information gathered during those investigations is often shared with prosecutors and later used in criminal court.

Regional practice matters. In Northeast Texas, CPS and law enforcement frequently coordinate closely, particularly in criminal defense matters in Lamar County and criminal defense matters in Red River County, where early CPS involvement can quickly escalate into criminal exposure.

THC Exposure and Hair Follicle Testing

Texas law does not specifically reference THC or marijuana in the child endangerment statute. Prosecutors instead rely on broader endangerment principles and controlled-substance theories.

In some cases, allegations stem from a positive hair follicle test showing THC metabolites in a child. Courts generally recognize that hair testing reflects historical exposure, not necessarily recent ingestion. A positive result alone does not resolve the legal analysis.

Key issues often include:

  • How the alleged exposure occurred

  • Whether the conduct created imminent danger, not merely a speculative or theoretical risk

  • The reliability and context of the testing

  • The parent or caregiver’s mental state at the time

Legal Products, Knowledge, and Risk Awareness

Child endangerment allegations sometimes involve exposure to substances that were legally purchased or widely available at the time. Texas law does not require that the underlying conduct be illegal on its face. Instead, courts focus on whether the conduct created an imminent and unjustifiable risk to a child.

A lack of understanding about how a substance could affect a child does not automatically defeat criminal liability. The statute permits conviction based on recklessness or criminal negligence, meaning the State may argue that a person should have been aware of a substantial and unjustifiable risk, even if no harm was intended.

Whether a product was lawful to possess or purchase is not dispositive. In an endangerment analysis, courts typically examine the totality of the circumstances, including foreseeability of risk, supervision, and the surrounding environment, rather than the legality of the product itself.

Mental State Is a Central Issue

Child endangerment is a nature-of-conduct offense. The State must prove one of the following mental states:

  • Intentional conduct

  • Knowing conduct

  • Reckless disregard of a known risk

  • Criminal negligence, meaning failure to perceive a substantial and unjustifiable risk

Many cases turn on whether the evidence actually supports one of these mental states and whether the alleged danger was truly imminent.

Why Early Decisions Matter

Statements made during CPS interviews, consent to testing, and explanations offered without legal guidance can significantly affect later criminal proceedings. Once evidence is framed as endangerment, it is often difficult to undo.

For general background on arrests, investigations, and common procedure questions, readers may find it helpful to review these client resources on Texas criminal cases.

Early decisions frequently determine whether a case resolves quietly or escalates into felony prosecution.

Final Thoughts

Child endangerment allegations involving THC exposure are legally complex and highly fact-specific. Texas courts evaluate the totality of the circumstances, including conduct before and after the alleged exposure, witness credibility, and whether the child faced immediate danger.

Because jury convictions are rarely overturned on appeal, careful early analysis and strategic handling are critical.

This article is for general informational purposes only and does not constitute legal advice. Reading this post or submitting information through this website does not create an attorney–client relationship. Attorney John Hickman is not certified by the Texas Board of Legal Specialization. Principal office: Paris, Texas.