Explanation
of Mandatory Reporting Laws
As stated in the Limits of Confidentiality section of Panhandle Crisis Center’s Confidentiality Policy, there are legal obligations that require us to report abuse or suspected abuse of children, the elderly, of the disabled.
As we discuss these mandatory reporting laws with victims or the general public in speaking engagements, we remind them that the reporting laws apply to everyone, not just employees of the Crisis Center or other types of professionals. In Texas, we are all required by law to report suspected abuse of these vulnerable classes, children the elderly, and the disabled.
Please Click on the video screen below to watch this video from the Office of the Attorney General, then read the sections below.
VIDEO – What can we do about child abuse?https://www.texasattorneygeneral.gov/media/videos/play.php?id=105&image=childabuse
As stated in the Limits of Confidentiality section of Panhandle Crisis Center’s Confidentiality Policy, there are legal obligations that require us to report abuse or suspected abuse of children, the elderly, of the disabled.
As we discuss these mandatory reporting laws with victims or the general public in speaking engagements, we remind them that the reporting laws apply to everyone, not just employees of the Crisis Center or other types of professionals. In Texas, we are all required by law to report suspected abuse of these vulnerable classes, children the elderly, and the disabled.
Please Click on the video screen below to watch this video from the Office of the Attorney General, then read the sections below.
VIDEO – What can we do about child abuse?https://www.texasattorneygeneral.gov/media/videos/play.php?id=105&image=childabuse
DEFINITIONS:
CHILD
Child refers to a person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. In the costs of child support, child includes a person over 18 years of age for whom a person may be obligated to pay child support. Texas Family Code §101.003
Note: For sexual offenses, in Texas the age at which a minor may legally consent to sex is 17. Therefore, mandatory reporting of child sexual abuse refers to children ages 16 and under.
ELDERLY
Elderly refers to persons 65 years of age or older.
DISABLED
Disabled refers to “a person with a mental, physical, or developmental disability that substantially impairs the person’s ability to provide adequately for the person’s care or protection and who is (A) 18 years of 18 or older, or (B) under 18 years of age and who has had the disabilities of minority removed.” (“Disabilities of minority removed” refers to an emancipated minor).
REMINDER: These are the only three special population in which mandatory reporting is required. If an adult victim (who is not elderly or disabled) is battered, the adult may choose whether or not to report the crime. Sexual assault victims ages 17 and older also have the right to choose whether or not to report the crimes. Confidentiality prevents the Center from reporting in these cases, as these victims are respected in making their own decisions. Often, victims are reluctant to report these crimes. It is our responsibility in these cases to assist the victim in identifying the pros and cons of reporting the assault and to respect the victims’ rights to make his/her own decisions.
Since trained staff are on duty 24-hours per day, the worker can assist the volunteer in understanding and following the reporting requirements.
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, 1-800-252-5400or call local law enforcement.
CHILD
Child refers to a person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed for general purposes. In the costs of child support, child includes a person over 18 years of age for whom a person may be obligated to pay child support. Texas Family Code §101.003
Note: For sexual offenses, in Texas the age at which a minor may legally consent to sex is 17. Therefore, mandatory reporting of child sexual abuse refers to children ages 16 and under.
ELDERLY
Elderly refers to persons 65 years of age or older.
DISABLED
Disabled refers to “a person with a mental, physical, or developmental disability that substantially impairs the person’s ability to provide adequately for the person’s care or protection and who is (A) 18 years of 18 or older, or (B) under 18 years of age and who has had the disabilities of minority removed.” (“Disabilities of minority removed” refers to an emancipated minor).
REMINDER: These are the only three special population in which mandatory reporting is required. If an adult victim (who is not elderly or disabled) is battered, the adult may choose whether or not to report the crime. Sexual assault victims ages 17 and older also have the right to choose whether or not to report the crimes. Confidentiality prevents the Center from reporting in these cases, as these victims are respected in making their own decisions. Often, victims are reluctant to report these crimes. It is our responsibility in these cases to assist the victim in identifying the pros and cons of reporting the assault and to respect the victims’ rights to make his/her own decisions.
Since trained staff are on duty 24-hours per day, the worker can assist the volunteer in understanding and following the reporting requirements.
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, 1-800-252-5400or call local law enforcement.
Points
to remember:
1) We are not investigators.
The report merely reflects one’s belief that a child has been abused or
neglected.
2) Individuals are immune from civil and criminal liability for making reports in good faith.
3) Malicious or false reports can be prosecuted.
4) It is a crime to fail to report when one suspects a child, elderly, or disabled person
is or has been abused or neglected. (It is a Class B misdemeanor for failure to report child abuse and a Class A misdemeanor for failure to report abuse of elderly or disabled persons.
2) Individuals are immune from civil and criminal liability for making reports in good faith.
3) Malicious or false reports can be prosecuted.
4) It is a crime to fail to report when one suspects a child, elderly, or disabled person
is or has been abused or neglected. (It is a Class B misdemeanor for failure to report child abuse and a Class A misdemeanor for failure to report abuse of elderly or disabled persons.