Mother is busted in possession of Meth.

1) 5 year old daughter is with her.

2) Mother admits, under miranda, that Meth was kept under daughters bed.

Are either or both of those facts sufficient to convict for endangering a child under 22.041?

If the 5yr old could access the meth, why not? Also, doesn't meth give off fumes? And is it volatile or inert in its final state? Were any traces found under the bed--it's not as if meth addicts are too fussy about housekeeping usually?

Ingestion? A 5 year old will put just about anything in their mouth. Off the hip also

What about kids who hide under their bed or put their toys under there when "cleaning" their room? I remember what it looked like under my bed growing up and it wasn't pretty.

She was most likely in the presence of the child if it was in the child's room and the child is not of school age (do we really think mom was conscientious enough to take her to mother's day out or preschool?). And has anyone tested the child for the presence of meth to see if the presumption applies?

Look at the presumption in TPC 22.041(c-1).