If the law is followed, here in TN this would be Criminally Negligent Homicide, a Class E Felony. A jury or judge would probably sentence to probation, but the negligent mother would have a felony record and become a prohibited person.
2021 Tennessee Code
Universal Citation: TN Code § 39-13-212 (2021)
2021 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 2 - Criminal Homicide
§ 39-13-212. Criminally Negligent Homicide
Universal Citation: TN Code § 39-13-212 (2021)
- Criminally negligent conduct that results in death constitutes criminally negligent homicide.
- Criminally negligent homicide is a Class E felony.