TEXAS FAMILY CODE

 

 

SUBTITLE E. PROTECTION OF THE CHILD

 

CHAPTER 261.  INVESTIGATION OF REPORT OF  CHILD ABUSE & NEGLECT

 

§261.001. DEFINITIONS.  In this chapter:

 

1. “Abuse includes the following acts or omissions by a person:

 

    (C)  physical injury that results in substantial harm to a child

 

    (E)  sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child

 

§261.101  PERSONS REQUIRED TO REPORT; TIME TO REPORT.

 

(a)  A person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.

 

(c)  The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged....

 

§261.102  MATTERS TO BE REPORTED. 

 

A report should reflect the reporter’s belief that a child has been or may be abused or neglected … .

 

§ 261.103  REPORT MADE TO APPROPRIATE AGENCY.

 

(a)  A report shall be made to:

 

                (1)  any local or state law enforcement agency;

               

                (4)  the agency designated by the court to be responsible for the

                                protection of children.

 

                Texas Department of Family and Protective Services (1-800-252-5400)

                Child Protective Services (817-321-8680).

 

§ 261.104  CONTENTS OF REPORT.

 

The person making a report shall identify, if known:

 

                (1)           the name and address of the child;

                (2)           the name and address of the person responsible for the

                                care, custody, or welfare of the child; and

                (3)           any other pertinent information concerning the alleged or

                                suspected abuse or neglect.

 

§ 261.106  IMMUNITIES.  

 

(a)  A person acting in good faith who reports … a report of alleged child

                abuse or neglect … is immune from civil or criminal liability that might otherwise be incurred or imposed.

 

261.109  FAILURE TO REPORT; PENALTY.               

               

(a)  A person commits an offense if the person has cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter.

 

(b)  An offense under this section is a Class B misdemeanor.