Denton County mother who fought CPS now tackles criminal charge over son's alleged severe malnourishment

A Denton County mother who once accused Child Protective Services of unlawfully taking her son may be about two weeks from learning the outcome of a criminal charge after investigators say the child was so severely malnourished that his life was at risk.

Joslyn Sanders, 28, was indicted Dec. 6, 2024, in an injury-to-a-child investigation involving her then-2-year-old son, Josiah. A third-degree felony injury-to-a-child charge, a lesser penalty, is a possible outcome as her case moves toward a scheduled Nov. 19 plea hearing.

CBS News Texas first met Sanders as a mother fighting CPS in court. She claimed the agency mishandled her son's removal following a medical disagreement at Children's Health in Dallas in December 2023. She lost that court battle.

Now, police records reveal what investigators say was happening behind the scenes.

According to a search warrant affidavit, Sanders took Josiah to Children's Health on Dec. 20, 2023, with a worsening body rash and swelling in his hands, feet, and genitals.

Doctors determined the child was dangerously malnourished and needed hospitalization. The affidavit says Sanders left with Josiah around midnight, against medical advice, despite warnings of potentially life-threatening consequences.

Corinth Police went looking for the mother and child the next day.

Sanders told investigators the dispute centered on antibiotics. She objected to clindamycin and declined another option, Keflex, because of her own allergy and concerns that Josiah might react similarly.

She maintained that doctors never told her Josiah could die if she left. In a complaint to the Texas Attorney General's Office, Sanders said she obtained another antibiotic from her son's primary care provider the following morning.

But the investigation raised questions beyond the hospital discharge.

Sanders told police her son's rash began in September 2023 after a change in laundry detergent. She said she sought treatment from a holistic pediatric provider and documented the rash's improvement with photographs.

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

Investigators also identified alleged inconsistencies between Sanders' testimony, cellphone photographs, text messages and medical records. A search warrant sought access to two phones to examine those discrepancies.

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

Sanders previously maintained that CPS had violated her parental rights. In her complaint to the Attorney General's Office, she alleged a caseworker arrived at her home with two armed police officers and removed Josiah without a court order.

Her fight to regain custody was unsuccessful.

CBS News Texas contacted Sanders for comment on the criminal case. Her family said she would not comment because she lacks adequate legal counsel.

Sanders is scheduled to appear before a Denton County judge Nov. 19 for a plea hearing.