What happens when a child is left in the care of one parent who becomes intoxicated, and the child dies - no visable injuries?

Asked over 3 years ago - Austin, TX

Does one parent have to file charges on the other before the intoxicated parent is prosecuted or will the State of Texas investigate or is this just called an "unfortunate accident?"

Attorney answers (3)

  1. Christopher Jay Harding

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . First step is to call the prosecutor's office and see what is being done. Voice your concerns. See if they are prosecuting the case. If they are, you can start your own civil case or just let them handle it as a criminal case. Both, one or none can go on at the same time. However, you cannot prosecute him criminally, only the state can.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . The State of Texas absolutely will investigate the death of the child. The first step will be to determine the cause of death. Once that is done, they will evaluate whether or not the parent in charge is responsible for the cause of death or, if not, whether the parent should have gotten the child medical care which would have saved the child's life (but for the state of intoxication.) That parent has a duty of care toward the child.

    The police department will file charges or at least consult with the prosecutors' office about the case and the filing of charges. Talk to the officer in charge to determine the status. (You will not be able to determine who in the prosecutor's office is handling it unless charges are actually filed except via the officer.)

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more
  3. Christopher Jay Harding

    Contributor Level 15

    Answered . First step is to call the prosecutor's office and see what is being done. Voice your concerns. See if they are prosecuting the case. If they are, you can start your own civil case or just let them handle it as a criminal case. Both, one or none can go on at the same time. However, you cannot prosecute him criminally, only the state can.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more

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