ODESSA-The Odessa Police Department was called out to a house on the 200 block of E 89th St about 4:30 Tuesday evening to an unresponsive baby.
Police Spokesman Steve LeSueur is giving very little information about the case, "Originally it was called in as a deceased person then it turned into a medical call."
OPD says the 5 week old infant girl was not breathing and was taken to Medical Center Hospital before being transported to Lubbock in critical condition.
Neighbors say the baby and 4 other kids were being taken care of by a 10 year old girl. They said the girl came out and asked a neighbor for help. That neighbor then started CPR and called 911.
According to child protective services there is no minimum age to leave a child unattended or have as a babysitter in the state of Texas.
CPS judge readiness on a child's emotional maturity, safety of the home, and how many children are left unsupervised.
However, Odessa Police say there is still a law that can be broken regardless of the age of the babysitter.
"We go by the totality of the circumstances, and a lot of it is based off this statue; endangering a child which is Texas state law," LeSueur said.
Endangering a child means you can be charged with a crime if you knowingly or recklessly place a child under the age of 15 in danger of death bodily harm.
"If it is determined no criminal element is met, than in a lot of cases officers will at least notify CPS."
A woman who was at the home earlier says the baby girl is still not breathing.
OPD is not calling this an accident and are investigating this as a crime.