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    Can I Get Arrested for Giving Benadryl to a Child in Connecticut?

    Can I Get Arrested for Giving Benadryl to a Child in Connecticut?
    • Giving your child Benadryl to help them go to sleep can get you arrested in CT.
    • The crime is Risk of Injury and with a surge of accidental Benadryl overdose deaths and hospitalizations, DCF and police are cracking down.

    • Giving your kids Benadryl or other sleep aids can be enough to get you arrested and investigated by the Department of Children and Families.
    • If you’ve been contacted by police or the Department of Children and Families for a drug overdose, contact a top DCF Lawyer today.

    Can I Go to Jail for a Benadryl Risk of Injury Arrest in Connecticut?

    CGS § 53-21 Risk of Injury is a Class C Felony charge in Connecticut, punishable by up to ten years in jail, a fine of up to $10,000, and probation if convicted.  Even if your charges are dropped in court without a conviction your professional and personal reputation is at stake.  Risk of injury arrests are usually published online—and will remain online even after a case is dismissed.  Read more about how you can remove your arrest report from the internet after your Connecticut arrest here.

    Can I Be Arrested for Risk of Injury if I Work at a Daycare?

    Yes.  If you own a Connecticut daycare or provide childcare services for a Connecticut daycare, you’re subject to criminal laws and can be arrested for 53-21 risk of injury any time a child is injured, or at risk of harm or injury, under your care.  Daycare owners or licensees are at risk of arrest, even if they aren’t the ones who put the child in harm’s way.  In recent years Connecticut defense attorneys have seen a rise in daycare arrests anytime a child is provided with sleep aid medicines, such as Benadryl.  If you’re accused of providing sleep aid to a child under your care, contact an attorney before giving a statement to the police or DCF.

    What is CGS § 53-21 Risk of Injury to a Child in Connecticut?

    Under Connecticut General Statute (CGS) § 53-21, risk of injury to a child is a broad charge that can include a long list of behavior or circumstances.  A person is guilty of risk of injury to a child in Connecticut anytime that person permits a child under the age of 16 to be placed in a situation that could endanger the child’s health or morals.  This means harm does not even need to occur for an arrest to be made.  Allegations of giving a child Benadryl to get them to sleep can be enough to get you arrested under this statute.

    Can My Children Be Removed from my Home after a Risk of Injury Arrest?

    If you’ve been arrested or accused of Risk of Injury in Connecticut, you can expect the Department of Children and Families to launch a full investigation.  DCF will investigate you even if you have no children, or if the children allegedly at risk were under your care.  It’s important to always remember that you have the right to an attorney during the investigation process, and don’t need to speak to a DCF worker without an attorney present.  DCF can also petition the court to remove your child from your home if the department believes your child is at risk of imminent harm.  Read more about DCF investigations here.

    Will I Lose my Daycare License following a Risk of Injury Arrest?

    If you’re a daycare owner and are currently being investigated by police or DCF, you can expect the Connecticut Office of Early Childhood (OEC) to be alerted to the allegations against you.  OEC will launch an investigation of their own, and may shut down your daycare immediately pending the results of the investigation.  Call an experienced attorney if you’re currently being investigated to learn how you can fight the OEC investigation and protect your license.

    Call a Connecticut Risk of Injury Criminal Attorney Today

    If you are accused of Risk of Injury to a Child, whether as a parent or a childcare worker, contact an experienced Connecticut criminal defense attorney today to learn how you can avoid a criminal conviction and protect yourself from a DCF investigation.  The attorneys at Mark Sherman Law have experience defending all aspects of Risk of Injury allegations, from protecting your daycare license to defending your case in a criminal case.  Click here to read hundreds of certified reviews from previous satisfied clients on, and call our team of attorneys today.