TEXAS
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Fam. Code § 261.101
For purposes of the reporting laws, persons required to report include professionals who are licensed or certified by the State or who are employees of facilities licensed, certified, or operated by the State and who, in the normal course of official duties or duties for which licensure or certification is required, have direct contact with children. Professionals include the following:
• Teachers or daycare employees
• Nurses, doctors, or employees of a clinic or health-care facility that provides reproductive services
• Juvenile probation officers or juvenile detention or correctional officers
Other persons required to report
Citation: Fam. Code § 261.101
A person who has cause to believe that a child has been adversely affected by abuse or neglect shall immediately make a report.
Institutional responsibility to report
Citation: Fam. Code §§ 261.101; 261.110
A professional may not delegate to or rely on another person to make the report.
An employer may not suspend or terminate the employment of, or otherwise discriminate against, a person who is a professional and who in good faith does any of the following:
• Reports child abuse or neglect to the person’s supervisor, an administrator of the facility where the person is employed, a State regulatory agency, or a law enforcement agency
• Initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.
A person whose employment is suspended or terminated or who is otherwise discriminated against in violation of this section may sue for injunctive relief, damages, or both.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Fam. Code § 261.101
A report is required when a person has cause to believe that a child has been adversely affected by abuse or neglect. In addition, a person or professional shall make a report if the person or professional has cause to believe that an adult was a victim of abuse or neglect as a child and the person or professional determines in good faith that disclosure of the information is necessary to protect the health and safety of another child, an elderly person, or person with a disability.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Fam. Code § 261.109
A person commits an offense if the person is required to make a report under § 261.101 and knowingly fails to make a report as required.
A person who is a professional as defined by § 261.101 commits an offense if the person is required to make a report and knowingly fails to make a report as provided in this chapter.
An offense by a person is a class A misdemeanor, except that the offense is a State jail felony if it is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a State-supported living center, the medical assistance program for persons with intellectual disabilities component of the Rio Grande State Center, or a facility licensed under chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.
An offense by a professional is a class A misdemeanor, except that the offense is a State jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect.
PENALTIES FOR FALSE REPORTING
False Reporting
Citation: Fam. Code § 261.107
A person commits an offense if, with the intent to deceive, he or she knowingly makes a report of child abuse or neglect that is false.
An offense under this subsection is either of the following:
• A State jail felony
• A felony of the third degree if the person has previously been convicted under this section
A person who is convicted of an offense under this section shall be subject to the following:
• Be required to pay any reasonable attorney’s fees incurred by the person who was falsely accused of abuse or neglect
• Be liable to the State for a civil penalty of $1,000.
PRIVILEGED COMMUNICATIONS
Citation: Fam. Code §§ 261.101; 261.202
The requirement to report 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, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health-care facility that provides reproductive services. In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communication between an attorney and client.
REPORTER’S IDENTITY
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Fam. Code §§ 261.101; 261.201
Unless waived in writing by the person making the report, the identity of an individual making a report is confidential and may be disclosed only as follows:
• As provided by § 261.201
• To a law enforcement officer for the purposes of conducting a criminal investigation of the report
A report of alleged or suspected abuse or neglect and the identity of the person making the report are confidential. A court may order the disclosure of such confidential information if, after a hearing and an in camera review of the requested information, the court determines the disclosure is the following:
• Essential to the administration of justice
• Not likely to endanger the life or safety of a child who is the subject of the report, a person who made the report, or any other person who participates in an investigation of reported abuse or neglect or who provides care for the child
The Texas Youth Commission shall release a report of alleged or suspected abuse if the report relates to abuse or neglect involving a child committed to the commission. The commission shall edit any report disclosed under this section to protect the identity of the following:
• A child who is the subject of the report
• The person who made the report
• Any other person whose life or safety may be endangered by the disclosure