The Texas Hotline for reporting child abuse is 1-800-252-5400. Below are applicable laws related to reporting child abuse.
Refer to www.txabusehotline.org for the website where reports may be made online. Typically, the online reporting form requires a lot of detailed information and it does not allow for anonymous reports. If you feel you do not have enough information to complete the online form, if the situation is an emergency, or if you prefer to remain anonymous, call the 24-hour hotline for reporting abuse is 1-800-252-5400 or call local law enforcement.
TEXAS FAMILY CODE
CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 261.001. DEFINITIONS. In this chapter:
(1) "Abuse" includes the following acts or omissions by a person:
(A) mental or emotional injury to a child that results in an observable and material
impairment in the child's growth, development, or psychological functioning;
(B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning
(C) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;
(D) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or children under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(F) failure to make a reasonable effort to prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code;
(H) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child;
(J) causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; or
(K) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code.
(2) "Department" means the Department of Family and Protective Services.
(3) "Designated agency" means the agency designated by the court as responsible for the protection of children.
(4) "Neglect" includes:
(A) the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
(B) the following acts or omissions by a person:
(i) placing a child in or failing to remove a child from a situation that a
reasonable person would realize requires judgment or actions beyond
the child's level of maturity, physical condition, or mental abilities
and that results in bodily injury or a substantial risk of immediate harm
to the child;
(ii) failing to seek, obtain, or follow through with medical care for a child, with
the failure resulting in or presenting a substantial risk of death,
disfigurement, or bodily injury or with the failure resulting in an
observable and material impairment to the growth, development, or
functioning of the child;
(iii) the failure to provide a child with food, clothing, or shelter necessary to
sustain the life or health of the child, excluding failure caused primarily
by financial inability unless relief services had been offered and refused;
(iv) placing a child in or failing to remove the child from a situation in which the
child would be exposed to a substantial risk of sexual conduct harmful
to the child; or
(v) placing a child in or failing to remove the child from a situation in which the
child would be exposed to acts or omissions that constitute abuse
under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child; or
(C) the failure by the person responsible for a child's care, custody, or welfare to permit
the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.
(5) "Person responsible for a child's care, custody, or welfare" means a person who traditionally
is responsible for a child's care, custody, or welfare, including:
(A) a parent, guardian, managing or possessory conservator, or foster parent of the
child;
(B) a member of the child's family or household as defined by Chapter 71;
(C) a person with whom the child's parent cohabits;
(D) school personnel or a volunteer at the child's school; or
(E) personnel or a volunteer at a public or private child-care facility that provides
services for the child or at a public or private residential institution or facility
where the child resides.
(6) "Report" means a report that alleged or suspected abuse or neglect of a child has occurred or
may occur.
(7) "Board" means the Board of Protective and Regulatory Services.
(8) "Born addicted to alcohol or a controlled substance" means a child:
(A) who is born to a mother who during the pregnancy used a controlled substance, as
defined by Chapter 481, Health and Safety Code, other than a controlled
substance legally obtained by prescription, or alcohol; and
(B) who, after birth as a result of the mother's use of the controlled substance or alochol:
(i) experiences observable withdrawal from the alcohol or controlled substance;
(ii) exhibits observable or harmful effects in the child's physical appearance
orfunctioning; or
(iii) exhibits the demonstrable presence of alcohol or a controlled substance
in the child's bodily fluids.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 86, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 10, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 63, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(26), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 59, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268, Sec. 1.11, eff. September 1, 2005. cts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.32, eff. September 1, 2007.
SUBCHAPTER B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
Sec. 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.
(b) If a professional has cause to believe that a child has been abused or neglected or may be
abused or neglected, or that a child is a victim of an offense under Section 21.11, Penal Code,
and the professional has cause to believe that the child has been abused as defined by Section
261.001 or 261.401, the professional shall make a report not later than the 48th hour after the
hour the professional first suspects that the child has been or may be abused or neglected or is
a victim of an offense under Section 21.11, Penal Code. A professional may not delegate to or
rely on another person to make the report. In this subsection, "professional" means an
individual who is licensed or certified by the state or who is an employee of a facility licensed,
certified, or operated by the state and who, in the normal course of official duties or duties for
which alicense or certification is required, has direct contact with children. The term includes
teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that
provides reproductive services, juvenile probation officers, and juvenile detention or
correctional officers.
(c) The requirement to report under this section applies without exception to an individual whose
personal communications may otherwise be privileged, including an attorney, a member of
the clergy, a medical practitioner, a social worker, a mental health professional, and an
employee of a clinic or health care facility that provides reproductive services.
(d) Unless waived in writing by the person making the report, the identity of an individual making a
report under this chapter is confidential and may be disclosed only:
(1) as provided by Section 261.201; or
(2) to a law enforcement officer for the purposes of conducting a criminal investigation of
the report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 87, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 162, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 575, Sec. 11, eff. Sept. 1, 1997, Acts 1997, 75th Leg., ch. 1022, Sec. 65, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.29,
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1150, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 21,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 5.003, eff. Sept. 1, 2001.
Amended by: Acts 2005, 79th Leg., Ch. 949, Sec. 27, eff. September 1, 2005.
Sec. 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 or has died of abuse or neglect.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th
Leg., ch. 751, Sec. 88, eff. Sept. 1, 1995.
Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY.
(a) Except as provided by Subsections (b) and (c) and Section 261.405, a report shall be made to:
(1) any local or state law enforcement agency;
(2) the department;
(3) the state agency that operates, licenses, certifies, or registers the facility in which the
alleged abuse or neglect occurred; or
(4) the agency designated by the court to be responsible for the protection of children.
(b) A report may be made to the Texas Youth Commission instead of the entities listed
under Subsection (a) if the report is based on information provided by a child while under the
supervision of the commission concerning the child's alleged abuse of another child.(c) Notwithstanding Subsection (a), a report, other than a report under Subsection (a)(3) or
Section 261.405, must be made to the department if the alleged or suspected abuse or neglect
involves a person responsible for the care, custody, or welfare of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 89,
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1477, Sec. 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 46, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 213, Sec. 1, eff. September 1, 2005
Sec. 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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th
Leg., ch. 751, Sec. 90, eff. Sept. 1, 1995.
Sec. 261.106. IMMUNITIES
(a) A person acting in good faith who reports or assists in the investigation of a report of alleged
child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising
from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or
criminal liability that might otherwise be incurred or imposed.
(b) Immunity from civil and criminal liability extends to an authorized volunteer of the department
or a law enforcement officer who participates at the request of the department in an
investigation of alleged or suspected abuse or neglect or in an action arising from an
investigation if the person was acting in good faith and in the scope of the person's
responsibilities.
c) A person who reports the person's own abuse or neglect of a child or who acts in bad faith or
with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or
criminal liability.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th
Leg., ch. 751, Sec. 91, eff. Sept. 1, 1995.
Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL PENALTY.
(a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report
as provided in this chapter that is false. An offense under this subsection is a state jail felony
unless it is shown on the trial of the offense that the person has previously been convicted under
this section, in which case the offense is a felony of the third degree.
(b) A finding by a court in a suit affecting the parent-child relationship that a report made under
this chapter before or during the suit was false or lacking factual foundation may be grounds for
the court to modify an order providing for possession of or access to the child who was the
subject of the report by restricting further access to the child by the person who made the report.
(c) The appropriate county prosecuting attorney shall be responsible for the prosecution of an
offense under this section.
(d) The court shall order a person who is convicted of an offense under Subsection (a) to pay
any reasonable attorney's fees incurred by the person who was falsely accused of abuse or
neglect in any proceeding relating to the false report.
(e) A person who engages in conduct described by Subsection (a) is liable to the state for a civil
penalty of $1,000. The attorney general shall bring an action to recover a civil penalty
authorized by this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 92,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 68; Acts 1999, 76th Leg., ch. 62, Sec. 6.30, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 268, Sec. 1.13, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 268, Sec. 1.14(a), eff. September 1, 2005.