Texas Mom Says CPS Wrongfully Took Her Toddler After She Left Hospital Early with Him. Now She Faces a Felony as Police Reveal His Life Was in Danger

A Texas mother who previously accused Child Protective Services (CPS) of wrongfully taking her young son is now facing a felony child injury charge after investigators alleged that the toddler was so severely malnourished that his life was in danger.

Joslyn Sanders, 28, was indicted on Dec. 6, 2024, on an injury-to-a-child charge involving her then-two-year-old son, Josiah.

The development marks a significant turn in a custody dispute that previously drew attention after Sanders publicly challenged the circumstances surrounding her son’s removal from her care.

Joslyn Lashae Herndon-Sanders faces a felony child injury charge after investigators found her child to be severely malnourished. (Photo Credit: CBS News Texas)

In February 2024, Sanders was fighting to regain custody after she claimed CPS and police removed Josiah from her home without a court order following a hospital visit. At the time, Sanders disputed doctors’ concerns about her son’s health and said medical records showed no evidence of abuse or neglect.

However, newly detailed police records and a search warrant affidavit cited by CBS News Texas offer a different account of the events leading to the child’s removal.

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According to the affidavit, Sanders took Josiah to Children’s Health in Dallas on Dec. 20, 2023, after his rash worsened and swelling developed in his hands, feet and genitals. Doctors determined the toddler was dangerously malnourished and needed to remain hospitalized.

Investigators allege Sanders left the hospital with her son around midnight against medical advice, despite warnings that his condition could have life-threatening consequences. Corinth Police began searching for the mother and child the following day.

Sanders told investigators that her disagreement with the medical team centered on antibiotics. She objected to giving Josiah clindamycin and also declined Keflex, explaining that she was allergic to the medication and feared her son might experience a similar reaction.

She maintained that doctors never warned her that leaving the hospital could result in her son’s death. In a complaint submitted to the Texas Attorney General’s Office, Sanders said she obtained another antibiotic through Josiah’s primary care provider the next morning.

The investigation also examined how Sanders initially treated the child’s worsening skin condition. She told police the rash began in September 2023 after she switched laundry detergents. Sanders said she sought help from a holistic pediatric provider and took photographs to document the condition.

A nurse practitioner disputed parts of that account, telling investigators she had not advised Sanders that the rash might worsen before improving. The provider said Josiah’s condition had deteriorated significantly by December and that she urged the family to seek emergency medical attention.

Investigators also identified what they described as inconsistencies between Sanders’ statements, cellphone photographs, text messages and medical records. A search warrant sought access to two of her phones as authorities examined those discrepancies.

When Josiah returned to Children’s Health, a physician determined that he needed 65 days of hospitalization for kwashiorkor, a severe form of protein malnutrition that can cause significant swelling and other dangerous complications.

The medical findings add another dimension to Sanders’ earlier public claims that authorities mishandled her son’s removal.

In her complaint to the Texas Attorney General’s Office, Sanders alleged that a CPS caseworker arrived at her home with two armed police officers and took Josiah without presenting a court order. She previously challenged the agency’s actions in court but did not regain custody of her son.

CBS News Texas contacted Sanders for comment about the criminal case. Her family told the outlet she would not discuss the allegations because she does not have adequate legal representation.

Sanders is scheduled to appear before a Denton County judge on Nov. 19 for a plea hearing, where she could face a reduced third-degree felony charge.

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