FAMILY CODE
SUBTITLE E. PROTECTION OF THE CHILD
CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
SUBCHAPTER A. GENERAL PROVISIONS
§ 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 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 alcohol:
(i) experiences observable withdrawal from
the alcohol or controlled substance;
(ii) exhibits observable or harmful effects
in the child's physical appearance or functioning; 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 86, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 10, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1022, § 63, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 19.01(26), eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 59, § 1, eff. Sept. 1, 2001; Acts 2005, 79th
Leg., ch. 268, § 1.11, eff. Sept. 1, 2005.
§ 261.002. CENTRAL REGISTRY. (a) The department shall
establish and maintain in Austin a central registry of reported
cases of child abuse or neglect.
(b) The department may adopt rules necessary to carry out
this section. The rules shall provide for cooperation with local
child service agencies, including hospitals, clinics, and schools,
and cooperation with other states in exchanging reports to effect a
national registration system.
(c) The department may enter into agreements with other
states to allow for the exchange of reports of child abuse and
neglect in other states' central registry systems. The department
shall use information obtained under this subsection in performing
the background checks required under Section 42.056, Human
Resources Code. The department shall cooperate with federal
agencies and shall provide information and reports of child abuse
and neglect to the appropriate federal agency that maintains the
national registry for child abuse and neglect, if a national
registry exists.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2005, 79th Leg., ch. 268, § 1.12, eff. Sept. 1,
2005.
§ 261.003. APPLICATION TO STUDENTS IN SCHOOL FOR DEAF OR
SCHOOL FOR BLIND AND VISUALLY IMPAIRED. This chapter applies to
the investigation of a report of abuse or neglect of a student,
without regard to the age of the student, in the Texas School for
the Deaf or the Texas School for the Blind and Visually Impaired.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 261.004. STATISTICS OF ABUSE AND NEGLECT OF
CHILDREN. (a) The department shall prepare and disseminate
statistics by county relating to the department's activities under
this subtitle and include the information specified in Subsection
(b) in an annual report available to the public.
(b) The department shall report the following information:
(1) the number of initial phone calls received by the
department alleging abuse and neglect;
(2) the number of children reported to the department
as having been abused and neglected;
(3) the number of reports received by the department
alleging abuse or neglect and assigned by the department for
investigation;
(4) of the children to whom Subdivision (2) applies:
(A) the number for whom the report was
substantiated;
(B) the number for whom the report was
unsubstantiated;
(C) the number for whom the report was determined
to be false;
(D) the number who did not receive services from
the department under a state or federal program;
(E) the number who received services, including
preventative services, from the department under a state or federal
program; and
(F) the number who were removed from the child's
home during the preceding year;
(5) the number of families in which the child was not
removed, but the child or family received services from the
department;
(6) the number of children who died during the
preceding year as a result of child abuse or neglect;
(7) of the children to whom Subdivision (6) applies,
the number who were in foster care at the time of death;
(8) the number of child protective services workers
responsible for report intake, assessment, or investigation;
(9) the response time by the department with respect
to conducting an initial investigation of a report of child abuse or
neglect;
(10) the response time by the department with respect
to commencing services to families and children for whom an
allegation of abuse or neglect has been made;
(11) the number of children who were returned to their
families or who received family preservation services and who,
before the fifth anniversary of the date of return or receipt, were
the victims of substantiated reports of child abuse or neglect,
including abuse or neglect resulting in the death of the child;
(12) the number of cases pursued by the department in
each stage of the judicial process, including civil and criminal
proceedings and the results of each proceeding; and
(13) the number of children for whom a person was
appointed by the court to represent the best interests of the child
and the average number of out-of-court contacts between the person
and the child.
(c) The department shall compile the information specified
in Subsection (b) for the preceding year in a report to be submitted
to the legislature and the general public not later than February 1
of each year.
Added by Acts 1997, 75th Leg., ch. 1022, § 64, eff. Sept. 1,
1997.
SUBCHAPTER B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
§ 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 a license 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 87, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 162, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 575, § 11, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1022, § 65, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 6.29, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1150, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 1390, § 21, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1420, § 5.003, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch.
949, § 27, eff. Sept. 1, 2005.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 88, eff. Sept. 1,
1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 89, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1477, § 24, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 46, eff. Sept. 1, 2001; Acts
2005, 79th Leg., ch. 213, § 1, eff. Sept. 1, 2005.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 90, eff. Sept. 1,
1995.
§ 261.105. REFERRAL OF REPORT BY DEPARTMENT OR LAW
ENFORCEMENT. (a) All reports received by a local or state law
enforcement agency that allege abuse or neglect by a person
responsible for a child's care, custody, or welfare shall be
referred immediately to the department or the designated agency.
(b) The department or designated agency shall immediately
notify the appropriate state or local law enforcement agency of any
report it receives, other than a report from a law enforcement
agency, that concerns the suspected abuse or neglect of a child or
death of a child from abuse or neglect.
(c) In addition to notifying a law enforcement agency, if
the report relates to a child in a facility operated, licensed,
certified, or registered by a state agency, the department shall
refer the report to the agency for investigation.
(d) If the department initiates an investigation and
determines that the abuse or neglect does not involve a person
responsible for the child's care, custody, or welfare, the
department shall refer the report to a law enforcement agency for
further investigation. If the department determines that the abuse
or neglect involves an employee of a public primary or secondary
school, and that the child is a student at the school, the
department shall orally notify the superintendent of the school
district in which the employee is employed about the investigation.
(e) In cooperation with the department, the Texas Youth
Commission by rule shall adopt guidelines for identifying a report
made to the commission under Section 261.103(b) that is appropriate
to refer to the department or a law enforcement agency for
investigation. Guidelines adopted under this subsection must
require the commission to consider the severity and immediacy of
the alleged abuse or neglect of the child victim.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 66, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1477, § 25, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 374, § 3, eff. June 18, 2003.
§ 261.1055. NOTIFICATION OF DISTRICT ATTORNEYS. (a) A
district attorney may inform the department or designated agency
that the district attorney wishes to receive notification of some
or all reports of suspected abuse or neglect of children who were in
the county at the time the report was made or who were in the county
at the time of the alleged abuse or neglect.
(b) If the district attorney makes the notification under
this section, the department or designated agency shall, on receipt
of a report of suspected abuse or neglect, immediately notify the
district attorney as requested and the department or designated
agency shall forward a copy of the reports to the district attorney
on request.
Added by Acts 1997, 75th Leg., ch. 1022, § 67, eff. Sept. 1,
1997.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 91, eff. Sept. 1,
1995.
§ 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, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 92, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1022, § 68; Acts 1999, 76th Leg., ch.
62, § 6.30, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 268,
§ 1.13, 1.14(a), eff. Sept. 1, 2005.
§ 261.108. FRIVOLOUS CLAIMS AGAINST PERSON
REPORTING. (a) In this section:
(1) "Claim" means an action or claim by a party,
including a plaintiff, counterclaimant, cross-claimant, or
third-party plaintiff, requesting recovery of damages.
(2) "Defendant" means a party against whom a claim is
made.
(b) A court shall award a defendant reasonable attorney's
fees and other expenses related to the defense of a claim filed
against the defendant for damages or other relief arising from
reporting or assisting in the investigation of a report under this
chapter or participating in a judicial proceeding resulting from
the report if:
(1) the court finds that the claim is frivolous,
unreasonable, or without foundation because the defendant is immune
from liability under Section 261.106; and
(2) the claim is dismissed or judgment is rendered for
the defendant.
(c) To recover under this section, the defendant must, at
any time after the filing of a claim, file a written motion stating
that:
(1) the claim is frivolous, unreasonable, or without
foundation because the defendant is immune from liability under
Section 261.106; and
(2) the defendant requests the court to award
reasonable attorney's fees and other expenses related to the
defense of the claim.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 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.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 261.110. EMPLOYER RETALIATION PROHIBITED. (a) In this
section, "professional" has the meaning assigned by Section
261.101(b).
(b) 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:
(1) reports child abuse or neglect to:
(A) the person's supervisor;
(B) an administrator of the facility where the
person is employed;
(C) a state regulatory agency; or
(D) a law enforcement agency; or
(2) initiates or cooperates with an investigation or
proceeding by a governmental entity relating to an allegation of
child abuse or neglect.
(c) 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.
(d) A plaintiff who prevails in a suit under this section
may recover:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) exemplary damages under Chapter 41, Civil Practice
and Remedies Code, if the employer is a private employer;
(3) court costs; and
(4) reasonable attorney's fees.
(e) In addition to amounts recovered under Subsection (d), a
plaintiff who prevails in a suit under this section is entitled to:
(1) reinstatement to the person's former position or a
position that is comparable in terms of compensation, benefits, and
other conditions of employment;
(2) reinstatement of any fringe benefits and seniority
rights lost because of the suspension, termination, or
discrimination; and
(3) compensation for wages lost during the period of
suspension or termination.
(f) A public employee who alleges a violation of this
section may sue the employing state or local governmental entity
for the relief provided for by this section. Sovereign immunity is
waived and abolished to the extent of liability created by this
section. A person having a claim under this section may sue a
governmental unit for damages allowed by this section.
(g) In a suit under this section against an employing state
or local governmental entity, a plaintiff may not recover
compensatory damages for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of
life, and other nonpecuniary losses in an amount that exceeds:
(1) $50,000, if the employing state or local
governmental entity has fewer than 101 employees in each of 20 or
more calendar weeks in the calendar year in which the suit is filed
or in the preceding year;
(2) $100,000, if the employing state or local
governmental entity has more than 100 and fewer than 201 employees
in each of 20 or more calendar weeks in the calendar year in which
the suit is filed or in the preceding year;
(3) $200,000, if the employing state or local
governmental entity has more than 200 and fewer than 501 employees
in each of 20 or more calendar weeks in the calendar year in which
the suit is filed or in the preceding year; and
(4) $250,000, if the employing state or local
governmental entity has more than 500 employees in each of 20 or
more calendar weeks in the calendar year in which the suit is filed
or in the preceding year.
(h) If more than one subdivision of Subsection (g) applies
to an employing state or local governmental entity, the amount of
monetary damages that may be recovered from the entity in a suit
brought under this section is governed by the applicable provision
that provides the highest damage award.
(i) A plaintiff suing under this section has the burden of
proof, except that there is a rebuttable presumption that the
plaintiff's employment was suspended or terminated or that the
plaintiff was otherwise discriminated against for reporting abuse
or neglect if the suspension, termination, or discrimination occurs
before the 61st day after the date on which the person made a report
in good faith.
(j) A suit under this section may be brought in a district or
county court of the county in which:
(1) the plaintiff was employed by the defendant; or
(2) the defendant conducts business.
(k) It is an affirmative defense to a suit under Subsection
(b) that an employer would have taken the action against the
employee that forms the basis of the suit based solely on
information, observation, or evidence that is not related to the
fact that the employee reported child abuse or neglect or initiated
or cooperated with an investigation or proceeding relating to an
allegation of child abuse or neglect.
(l) A public employee who has a cause of action under
Chapter 554, Government Code, based on conduct described by
Subsection (b) may not bring an action based on that conduct under
this section.
(m) This section does not apply to a person who reports the
person's own abuse or neglect of a child or who initiates or
cooperates with an investigation or proceeding by a governmental
entity relating to an allegation of the person's own abuse or
neglect of a child.
Added by Acts 2001, 77th Leg., ch. 896, § 1, eff. Sept. 1, 2001.
§ 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL
TREATMENT OF CHILD. (a) In this section, "psychotropic drug" means
a substance that is:
(1) used in the diagnosis, treatment, or prevention of
a disease or as a component of a medication; and
(2) intended to have an altering effect on perception,
emotion, or behavior.
(b) The refusal of a parent, guardian, or managing or
possessory conservator of a child to administer or consent to the
administration of a psychotropic drug to the child, or to consent to
any other psychiatric or psychological treatment of the child, does
not by itself constitute neglect of the child unless the refusal to
consent:
(1) presents a substantial risk of death,
disfigurement, or bodily injury to the child; or
(2) has resulted in an observable and material
impairment to the growth, development, or functioning of the child.
Added by Acts 2003, 78th Leg., ch. 1008, § 3, eff. June 20, 2003.
SUBCHAPTER C. CONFIDENTIALITY AND PRIVILEGED COMMUNICATION
§ 261.201. CONFIDENTIALITY AND DISCLOSURE OF
INFORMATION. (a) The following information is confidential, is
not subject to public release under Chapter 552, Government Code,
and may be disclosed only for purposes consistent with this code and
applicable federal or state law or under rules adopted by an
investigating agency:
(1) a report of alleged or suspected abuse or neglect
made under this chapter and the identity of the person making the
report; and
(2) except as otherwise provided in this section, the
files, reports, records, communications, audiotapes, videotapes,
and working papers used or developed in an investigation under this
chapter or in providing services as a result of an investigation.
(b) A court may order the disclosure of information that is
confidential under this section if:
(1) a motion has been filed with the court requesting
the release of the information;
(2) a notice of hearing has been served on the
investigating agency and all other interested parties; and
(3) after hearing and an in camera review of the
requested information, the court determines that the disclosure of
the requested information is:
(A) essential to the administration of justice;
and
(B) not likely to endanger the life or safety of:
(i) a child who is the subject of the report
of alleged or suspected abuse or neglect;
(ii) a person who makes a report of alleged
or suspected abuse or neglect; or
(iii) any other person who participates in
an investigation of reported abuse or neglect or who provides care
for the child.
(c) In addition to Subsection (b), a court, on its own
motion, may order disclosure of information that is confidential
under this section if:
(1) the order is rendered at a hearing for which all
parties have been given notice;
(2) the court finds that disclosure of the information
is:
(A) essential to the administration of justice;
and
(B) not likely to endanger the life or safety of:
(i) a child who is the subject of the report
of alleged or suspected abuse or neglect;
(ii) a person who makes a report of alleged
or suspected abuse or neglect; or
(iii) any other person who participates in
an investigation of reported abuse or neglect or who provides care
for the child; and
(3) the order is reduced to writing or made on the
record in open court.
(d) The adoptive parents of a child who was the subject of an
investigation and an adult who was the subject of an investigation
as a child are entitled to examine and make copies of any report,
record, working paper, or other information in the possession,
custody, or control of the state that pertains to the history of the
child. The department may edit the documents to protect the
identity of the biological parents and any other person whose
identity is confidential, unless this information is already known
to the adoptive parents or is readily available through other
sources, including the court records of a suit to terminate the
parent-child relationship under Chapter 161.
(e) Before placing a child who was the subject of an
investigation, the department shall notify the prospective
adoptive parents of their right to examine any report, record,
working paper, or other information in the possession, custody, or
control of the state that pertains to the history of the child.
(f) The department shall provide prospective adoptive
parents an opportunity to examine information under this section as
early as practicable before placing a child.
(f-1) The department shall provide to a relative or other
individual with whom a child is placed any information the
department considers necessary to ensure that the relative or other
individual is prepared to meet the needs of the child. The
information required by this subsection may include information
related to any abuse or neglect suffered by the child.
(g) Notwithstanding Subsection (b), the department, on
request and subject to department rule, shall provide to the
parent, managing conservator, or other legal representative of a
child who is the subject of reported abuse or neglect information
concerning the reported abuse or neglect that would otherwise be
confidential under this section if the department has edited the
information to protect the confidentiality of the identity of the
person who made the report and any other person whose life or safety
may be endangered by the disclosure.
(h) This section does not apply to an investigation of child
abuse or neglect in a home or facility regulated under Chapter 42,
Human Resources Code.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 93, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 12, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1022, § 69, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1150, § 3, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1390, § 22, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 68, § 2, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch.
268, § 1.15, eff. Sept. 1, 2005.
§ 261.202. PRIVILEGED COMMUNICATION. 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 communications between an attorney and client.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
SUBCHAPTER D. INVESTIGATIONS
§ 261.301. INVESTIGATION OF REPORT. (a) With assistance
from the appropriate state or local law enforcement agency as
provided by this section, the department or designated agency shall
make a prompt and thorough investigation of a report of child abuse
or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare. The investigation shall be
conducted without regard to any pending suit affecting the
parent-child relationship.
(b) A state agency shall investigate a report that alleges
abuse or neglect occurred in a facility operated, licensed,
certified, or registered by that agency as provided by Subchapter
E. In conducting an investigation for a facility operated,
licensed, certified, registered, or listed by the department, the
department shall perform the investigation as provided by:
(1) Subchapter E; and
(2) the Human Resources Code.
(c) The department is not required to investigate a report
that alleges child abuse or neglect by a person other than a person
responsible for a child's care, custody, or welfare. The
appropriate state or local law enforcement agency shall investigate
that report if the agency determines an investigation should be
conducted.
(d) The department shall by rule assign priorities and
prescribe investigative procedures for investigations based on the
severity and immediacy of the alleged harm to the child. The
primary purpose of the investigation shall be the protection of the
child. The rules must require the department, subject to the
availability of funds, to:
(1) immediately respond to a report of abuse and
neglect that involves circumstances in which the death of the child
or substantial bodily harm to the child would result unless the
department immediately intervenes;
(2) respond within 24 hours to a report of abuse and
neglect that is assigned the highest priority, other than a report
described by Subdivision (1); and
(3) respond within 72 hours to a report of abuse and
neglect that is assigned the second highest priority.
(e) As necessary to provide for the protection of the child,
the department or designated agency shall determine:
(1) the nature, extent, and cause of the abuse or
neglect;
(2) the identity of the person responsible for the
abuse or neglect;
(3) the names and conditions of the other children in
the home;
(4) an evaluation of the parents or persons
responsible for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the persons
responsible for the care, custody, or welfare of the child; and
(7) all other pertinent data.
(f) An investigation of a report to the department that
alleges that a child has been or may be the victim of conduct that
constitutes a criminal offense that poses an immediate risk of
physical or sexual abuse of a child that could result in the death
of or serious harm to the child shall be conducted jointly by a
peace officer, as defined by Article 2.12, Code of Criminal
Procedure, from the appropriate local law enforcement agency and
the department or the agency responsible for conducting an
investigation under Subchapter E.
(g) The inability or unwillingness of a local law
enforcement agency to conduct a joint investigation under this
section does not constitute grounds to prevent or prohibit the
department from performing its duties under this subtitle. The
department shall document any instance in which a law enforcement
agency is unable or unwilling to conduct a joint investigation
under this section.
(h) The department and the appropriate local law
enforcement agency shall conduct an investigation, other than an
investigation under Subchapter E, as provided by this section and
Article 2.27, Code of Criminal Procedure, if the investigation is
of a report that alleges that a child has been or may be the victim
of conduct that constitutes a criminal offense that poses an
immediate risk of physical or sexual abuse of a child that could
result in the death of or serious harm to the child. Immediately on
receipt of a report described by this subsection, the department
shall notify the appropriate local law enforcement agency of the
report.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 94, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 943, § 2, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1022, § 70, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1137, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1150, § 4, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1390, § 23, eff. Sept. 1, 1999; Acts 2003, 78th Leg.,
ch. 867, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 268,
§ 1.16(a), eff. Sept. 1, 2005.
§ 261.3011. JOINT INVESTIGATION GUIDELINES AND
TRAINING. (a) The department shall, in consultation with the
appropriate law enforcement agencies, develop guidelines and
protocols for joint investigations by the department and the law
enforcement agency under Section 261.301. The guidelines and
protocols must:
(1) clarify the respective roles of the department and
law enforcement agency in conducting the investigation;
(2) require that mutual child protective services and
law enforcement training and agreements be implemented by both
entities to ensure the integrity and best outcomes of joint
investigations; and
(3) incorporate the use of forensic methods in
determining the occurrence of child abuse and neglect.
(b) The department shall collaborate with law enforcement
agencies to provide to department investigators and law enforcement
officers responsible for investigating reports of abuse and neglect
joint training relating to methods to effectively conduct joint
investigations under Section 261.301. The training must include
information on interviewing techniques, evidence gathering, and
testifying in court for criminal investigations, as well as
instruction on rights provided by the Fourth Amendment to the
United States Constitution.
Added by Acts 2005, 79th Leg., ch. 268, § 1.17, eff. Sept. 1,
2005.
§ 261.3012. COMPLETION OF PAPERWORK. An employee of the
department who responds to a report that is assigned the highest
priority in accordance with department rules adopted under Section
261.301(d) shall identify, to the extent reasonable under the
circumstances, forms and other paperwork that can be completed by
members of the family of the child who is the subject of the report.
The department employee shall request the assistance of the child's
family members in completing that documentation but remains
responsible for ensuring that the documentation is completed in an
appropriate manner.
Added by Acts 2005, 79th Leg., ch. 55, § 1, eff. May 17, 2005;
Acts 2005, 79th Leg., ch. 268, § 1.18, eff. Sept. 1, 2005.
§ 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning
priorities and prescribing investigative procedures based on the
severity and immediacy of the alleged harm to a child under Section
261.301(d), the department shall establish a flexible response
system to allow the department to make the most effective use of
resources by investigating serious cases of abuse and neglect and
by screening out less serious cases of abuse and neglect if the
department determines, after contacting a professional or other
credible source, that the child's safety can be assured without
further investigation. The department may administratively close
the less serious cases without providing services or making a
referral to another entity for assistance.
(a-1) For purposes of Subsection (a), a case is considered
to be a less serious case of abuse or neglect if the circumstances
of the case do not indicate an immediate risk of abuse or neglect
that could result in the death of or serious harm to the child who is
the subject of the case.
(b) The classification under the flexible response system
of a case may be changed as warranted by the circumstances.
(c) The department may implement the flexible response
system by establishing a pilot program in a single department
service region. The department shall study the results of the
system in the region in determining the method by which to implement
the system statewide.
Added by Acts 1997, 75th Leg., ch. 1022, § 71, eff. Sept. 1,
1997. Amended by Acts 2005, 79th Leg., ch. 268, § 1.19(a), eff.
Sept. 1, 2005.
§ 261.3016. TRAINING OF PERSONNEL RECEIVING REPORTS OF
ABUSE AND NEGLECT. The department shall develop, in cooperation
with local law enforcement officials and the Commission on State
Emergency Communications, a training program for department
personnel who receive reports of abuse and neglect. The training
program must include information on:
(1) the proper methods of screening reports of abuse
and neglect; and
(2) ways to determine the seriousness of a report,
including determining whether a report alleges circumstances that
could result in the death of or serious harm to a child or whether
the report is less serious in nature.
Added by Acts 2005, 79th Leg., ch. 54, § 1, eff. Sept. 1, 2005;
Acts 2005, 79th Leg., ch. 268, § 1.20, eff. Sept. 1, 2005.
§ 261.302. CONDUCT OF INVESTIGATION. (a) The
investigation may include:
(1) a visit to the child's home, unless the alleged
abuse or neglect can be confirmed or clearly ruled out without a
home visit; and
(2) an interview with and examination of the subject
child, which may include a medical, psychological, or psychiatric
examination.
(b) The interview with and examination of the child may:
(1) be conducted at any reasonable time and place,
including the child's home or the child's school;
(2) include the presence of persons the department or
designated agency determines are necessary; and
(3) include transporting the child for purposes
relating to the interview or investigation.
(b-1) Before the department may transport a child as
provided by Subsection (b)(3), the department shall attempt to
notify the parent or other person having custody of the child of the
transport.
(c) The investigation may include an interview with the
child's parents and an interview with and medical, psychological,
or psychiatric examination of any child in the home.
(d) If, before an investigation is completed, the
investigating agency believes that the immediate removal of a child
from the child's home is necessary to protect the child from further
abuse or neglect, the investigating agency shall file a petition or
take other action under Chapter 262 to provide for the temporary
care and protection of the child.
(e) An interview with a child conducted by the department
during the investigation stage shall be audiotaped or videotaped.
An interview with a child alleged to be a victim of physical abuse
or sexual abuse conducted by an investigating agency other than the
department shall be audiotaped or videotaped unless the
investigating agency determines that good cause exists for not
audiotaping or videotaping the interview in accordance with rules
of the agency. Good cause may include, but is not limited to, such
considerations as the age of the child and the nature and
seriousness of the allegations under investigation. Nothing in
this subsection shall be construed as prohibiting the investigating
agency from audiotaping or videotaping an interview of a child on
any case for which such audiotaping or videotaping is not required
under this subsection. The fact that the investigating agency
failed to audiotape or videotape an interview is admissible at the
trial of the offense that is the subject of the interview.
(f) A person commits an offense if the person is notified of
the time of the transport of a child by the department and the
location from which the transport is initiated and the person is
present at the location when the transport is initiated and
attempts to interfere with the department's investigation. An
offense under this subsection is a Class B misdemeanor. It is an
exception to the application of this subsection that the department
requested the person to be present at the site of the transport.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 95, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 13, 14, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1022, § 73, eff. Sept. 1, 1997;
Acts 2005, 79th Leg., ch. 268, § 1.21, eff. Sept. 1, 2005.
§ 261.3021. CASEWORK DOCUMENTATION AND
MANAGEMENT. Subject to the appropriation of money for these
purposes, the department shall:
(1) identify critical investigation actions that
impact child safety and require department caseworkers to document
those actions in a child's case file not later than the day after
the action occurs;
(2) identify and develop a comprehensive set of
casework quality indicators that must be reported in real time to
support timely management oversight;
(3) provide department supervisors with access to
casework quality indicators and train department supervisors on the
use of that information in the daily supervision of caseworkers;
(4) develop a case tracking system that notifies
department supervisors and management when a case is not
progressing in a timely manner;
(5) use current data reporting systems to provide
department supervisors and management with easier access to
information; and
(6) train department supervisors and management on the
use of data to monitor cases and make decisions.
Added by Acts 2005, 79th Leg., ch. 268, § 1.22, eff. Sept. 1,
2005.
§ 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) Subject
to the availability of funds, the Department of Public Safety of the
State of Texas shall create a child safety check alert list as part
of the Texas Crime Information Center to help locate a family for
purposes of investigating a report of child abuse or neglect.
(b) If the child safety check alert list is established and
the department is unable to locate a family for purposes of
investigating a report of child abuse or neglect, after the
department has exhausted all means available to the department for
locating the family, the department may seek assistance under this
section from the appropriate county attorney, district attorney, or
criminal district attorney with responsibility for representing
the department as provided by Section 264.009.
(c) If the department requests assistance, the county
attorney, district attorney, or criminal district attorney, as
applicable, may file an application with the court requesting the
issuance of an ex parte order requiring the Texas Crime Information
Center to place the members of the family the department is
attempting to locate on a child safety check alert list. The
application must include a summary of:
(1) the report of child abuse or neglect the
department is attempting to investigate; and
(2) the department's efforts to locate the family.
(d) If the court determines after a hearing that the
department has exhausted all means available to the department for
locating the family, the court shall approve the application and
order the appropriate law enforcement agency to notify the Texas
Crime Information Center to place the family on a child safety check
alert list. The alert list must include:
(1) the name of the family member alleged to have
abused or neglected a child according to the report the department
is attempting to investigate;
(2) the name of the child who is the subject of the
report;
(3) a code identifying the type of child abuse or
neglect alleged to have been committed against the child;
(4) the family's last known address; and
(5) the minimum criteria for an entry as established
by the center.
Added by Acts 2005, 79th Leg., ch. 268, § 1.22, eff. Sept. 1,
2005.
§ 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
CHECK ALERT. (a) If a law enforcement officer encounters a person
listed on the Texas Crime Information Center's child safety check
alert list who is alleged to have abused or neglected a child, or
encounters a child listed on the alert list who is the subject of a
report of child abuse or neglect the department is attempting to
investigate, the officer shall request information from the person
or the child regarding the child's well-being and current
residence.
(b) If the law enforcement officer determines that the
circumstances described by Section 262.104 exist, the officer may
take possession of the child without a court order as authorized by
that section if the officer is able to locate the child. If the
circumstances described by Section 262.104 do not exist, the
officer shall obtain the child's current address and any other
relevant information and report that information to the department.
Added by Acts 2005, 79th Leg., ch. 268, § 1.22, eff. Sept. 1,
2005.
§ 261.3024. REMOVAL FROM CHILD SAFETY CHECK ALERT
LIST. (a) A law enforcement officer who locates a child listed on
the Texas Crime Information Center's child safety check alert list
who is the subject of a report of child abuse or neglect the
department is attempting to investigate and who reports the child's
current address and other relevant information to the department
under Section 261.3023 shall report to the Texas Crime Information
Center that the child has been located.
(b) If the department locates a child described by
Subsection (a) through a means other than information reported by a
law enforcement officer under Subsection (a), the department shall
report to the Texas Crime Information Center that the child has been
located.
(c) On receipt of notice under this section that a child has
been located, the Texas Crime Information Center shall remove the
child and the child's family from the child safety check alert list.
Added by Acts 2005, 79th Leg., ch. 268, § 1.22, eff. Sept. 1,
2005.
§ 261.303. INTERFERENCE WITH INVESTIGATION; COURT
ORDER. (a) A person may not interfere with an investigation of a
report of child abuse or neglect conducted by the department or
designated agency.
(b) If admission to the home, school, or any place where the
child may be cannot be obtained, then for good cause shown the court
having family law jurisdiction shall order the parent, the person
responsible for the care of the children, or the person in charge of
any place where the child may be to allow entrance for the
interview, examination, and investigation.
(c) If a parent or person responsible for the child's care
does not consent to release of the child's prior medical,
psychological, or psychiatric records or to a medical,
psychological, or psychiatric examination of the child that is
requested by the department or designated agency, the court having
family law jurisdiction shall, for good cause shown, order the
records to be released or the examination to be made at the times
and places designated by the court.
(d) A person, including a medical facility, that makes a
report under Subchapter B shall release to the department or
designated agency, as part of the required report under Section
261.103, records that directly relate to the suspected abuse or
neglect without requiring parental consent or a court order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 96, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1150, § 5, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1390, § 24, eff. Sept. 1, 1999.
§ 261.3031. FAILURE TO COOPERATE WITH INVESTIGATION;
DEPARTMENT RESPONSE. If a parent or other person refuses to
cooperate with the department's investigation of the alleged abuse
or neglect of a child and the refusal poses a risk to the child's
safety, the department shall seek assistance from the appropriate
county attorney or district attorney or criminal district attorney
with responsibility for representing the department as provided by
Section 264.009 to obtain a court order as described by Section
261.303.
Added by Acts 2005, 79th Leg., ch. 268, § 1.23, eff. Sept. 1,
2005.
§ 261.3032. INTERFERENCE WITH INVESTIGATION; CRIMINAL
PENALTY. (a) A person commits an offense if, with the intent to
interfere with the department's investigation of a report of abuse
or neglect of a child, the person relocates the person's residence,
either temporarily or permanently, without notifying the
department of the address of the person's new residence or conceals
the child and the person's relocation or concealment interferes
with the department's investigation.
(b) An offense under this section is a Class B misdemeanor.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Added by Acts 2005, 79th Leg., ch. 268, § 1.24, eff. Sept. 1,
2005.
§ 261.304. INVESTIGATION OF ANONYMOUS REPORT. (a) If the
department receives an anonymous report of child abuse or neglect
by a person responsible for a child's care, custody, or welfare, the
department shall conduct a preliminary investigation to determine
whether there is any evidence to corroborate the report.
(b) An investigation under this section may include a visit
to the child's home and an interview with and examination of the
child and an interview with the child's parents. In addition, the
department may interview any other person the department believes
may have relevant information.
(c) Unless the department determines that there is some
evidence to corroborate the report of abuse, the department may not
conduct the thorough investigation required by this chapter or take
any action against the person accused of abuse.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 261.305. ACCESS TO MENTAL HEALTH RECORDS. (a) An
investigation may include an inquiry into the possibility that a
parent or a person responsible for the care of a child who is the
subject of a report under Subchapter B has a history of medical or
mental illness.
(b) If the parent or person does not consent to an
examination or allow the department or designated agency to have
access to medical or mental health records requested by the
department or agency, the court having family law jurisdiction, for
good cause shown, shall order the examination to be made or that the
department or agency be permitted to have access to the records
under terms and conditions prescribed by the court.
(c) If the court determines that the parent or person is
indigent, the court shall appoint an attorney to represent the
parent or person at the hearing. The fees for the appointed attorney
shall be paid as provided by Chapter 107.
(d) A parent or person responsible for the child's care is
entitled to notice and a hearing when the department or designated
agency seeks a court order to allow a medical, psychological, or
psychiatric examination or access to medical or mental health
records.
(e) This access does not constitute a waiver of
confidentiality.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 575, § 15, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1150, § 6, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1390, § 25, eff. Sept. 1, 1999.
§ 261.306. REMOVAL OF CHILD FROM STATE. (a) If the
department or designated agency has reason to believe that a person
responsible for the care, custody, or welfare of the child may
remove the child from the state before the investigation is
completed, the department or designated agency may file an
application for a temporary restraining order in a district court
without regard to continuing jurisdiction of the child as provided
in Chapter 155.
(b) The court may render a temporary restraining order
prohibiting the person from removing the child from the state
pending completion of the investigation if the court:
(1) finds that the department or designated agency has
probable cause to conduct the investigation; and
(2) has reason to believe that the person may remove
the child from the state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 261.307. INFORMATION RELATING TO INVESTIGATION
PROCEDURE. (a) As soon as possible after initiating an
investigation of a parent or other person having legal custody of a
child, the department shall provide to the person:
(1) a summary that:
(A) is brief and easily understood;
(B) is written in a language that the person
understands, or if the person is illiterate, is read to the person
in a language that the person understands; and
(C) contains the following information:
(i) the department's procedures for
conducting an investigation of alleged child abuse or neglect,
including:
(a) a description of the
circumstances under which the department would request to remove
the child from the home through the judicial system; and
(b) an explanation that the law
requires the department to refer all reports of alleged child abuse
or neglect to a law enforcement agency for a separate determination
of whether a criminal violation occurred;
(ii) the person's right to file a complaint
with the department or to request a review of the findings made by
the department in the investigation;
(iii) the person's right to review all
records of the investigation unless the review would jeopardize an
ongoing criminal investigation or the child's safety;
(iv) the person's right to seek legal
counsel;
(v) references to the statutory and
regulatory provisions governing child abuse and neglect and how the
person may obtain copies of those provisions; and
(vi) the process the person may use to
acquire access to the child if the child is removed from the home;
(2) if the department determines that removal of the
child may be warranted, a proposed child placement resources form
that:
(A) instructs the parent or other person having
legal custody of the child to:
(i) complete and return the form to the
department or agency; and
(ii) identify in the form three individuals
who could be relative caregivers or designated caregivers, as those
terms are defined by Section 264.751; and
(B) informs the parent or other person of a
location that is available to the parent or other person to submit
the information in the form 24 hours a day either in person or by
facsimile machine or e-mail; and
(3) an informational manual required by Section
261.3071.
(b) The child placement resources form described by
Subsection (a)(2) must include information on the periods of time
by which the department must complete a background check.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2005, 79th Leg., ch. 268, § 1.25(a), eff. Sept.
1, 2005.
§ 261.3071. INFORMATIONAL MANUALS. (a) In this section,
"relative caregiver" and "designated caregiver" have the meanings
assigned those terms by Section 264.751.
(b) The department shall develop and publish informational
manuals that provide information for:
(1) a parent or other person having custody of a child
who is the subject of an investigation under this chapter; and
(2) a person who is selected by the department to be
the child's relative or designated caregiver.
(c) Information provided in the manuals must be in both
English and Spanish and must include, as appropriate:
(1) useful indexes of information such as telephone
numbers;
(2) the information required to be provided under
Section 261.307(a)(1);
(3) information describing the rights and duties of a
relative or designated caregiver; and
(4) information regarding the relative and other
designated caregiver program under Subchapter I, Chapter 264.
Added by Acts 2005, 79th Leg., ch. 268, § 1.26, eff. Sept. 1,
2005.
§ 261.308. SUBMISSION OF INVESTIGATION REPORT. (a) The
department or designated agency shall make a complete written
report of the investigation.
(b) If sufficient grounds for filing a suit exist, the
department or designated agency shall submit the report, together
with recommendations, to the court, the district attorney, and the
appropriate law enforcement agency.
(c) On receipt of the report and recommendations, the court
may direct the department or designated agency to file a petition
requesting appropriate relief as provided in this title.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 97, eff. Sept. 1,
1995.
§ 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS. (a) The
department shall by rule establish policies and procedures to
resolve complaints relating to and conduct reviews of child abuse
or neglect investigations conducted by the department.
(b) If a person under investigation for allegedly abusing or
neglecting a child requests clarification of the status of the
person's case or files a complaint relating to the conduct of the
department's staff or to department policy, the department shall
conduct an informal review to clarify the person's status or
resolve the complaint. The immediate supervisor of the employee
who conducted the child abuse or neglect investigation or against
whom the complaint was filed shall conduct the informal review as
soon as possible but not later than the 14th day after the date the
request or complaint is received.
(c) If, after the department's investigation, the person
who is alleged to have abused or neglected a child disputes the
department's determination of whether child abuse or neglect
occurred, the person may request an administrative review of the
findings. A department employee in administration who was not
involved in or did not directly supervise the investigation shall
conduct the review. The review must sustain, alter, or reverse the
department's original findings in the investigation.
(d) Unless a civil or criminal court proceeding or an
ongoing criminal investigation relating to the alleged abuse or
neglect investigated by the department is pending, the department
employee shall conduct the review prescribed by Subsection (c) as
soon as possible but not later than the 45th day after the date the
department receives the request. If a civil or criminal court
proceeding or an ongoing criminal investigation is pending, the
department may postpone the review until the court proceeding is
completed.
(e) A person is not required to exhaust the remedies
provided by this section before pursuing a judicial remedy provided
by law.
(f) This section does not provide for a review of an order
rendered by a court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 261.310. INVESTIGATION STANDARDS. (a) The department
shall by rule develop and adopt standards for persons who
investigate suspected child abuse or neglect at the state or local
level. The standards shall encourage professionalism and
consistency in the investigation of suspected child abuse or
neglect.
(b) The standards must provide for a minimum number of hours
of annual professional training for interviewers and investigators
of suspected child abuse or neglect.
(c) The professional training curriculum developed under
this section shall include:
(1) information concerning:
(A) physical abuse and neglect, including
distinguishing physical abuse from ordinary childhood injuries;
(B) psychological abuse and neglect;
(C) available treatment resources; and
(D) the incidence and types of reports of child
abuse and neglect that are received by the investigating agencies,
including information concerning false reports;
(2) law-enforcement-style training, including
training relating to forensic interviewing and investigatory
techniques and the collection of physical evidence; and
(3) training regarding applicable federal law,
including the Adoption and Safe Families Act of 1997 (Pub. L. No.
105-89) and the Child Abuse Prevention and Treatment Act (Pub. L.
No. 93-247) and its subsequent amendments by the Keeping Children
and Families Safe Act of 2003 (Pub. L. No. 108-36).
(d) The standards shall:
(1) recommend that videotaped and audiotaped
interviews be uninterrupted;
(2) recommend a maximum number of interviews with and
examinations of a suspected victim;
(3) provide procedures to preserve evidence,
including the original recordings of the intake telephone calls,
original notes, videotapes, and audiotapes, for one year; and
(4) provide that an investigator of suspected child
abuse or neglect make a reasonable effort to locate and inform each
parent of a child of any report of abuse or neglect relating to the
child.
(e) The department, in conjunction with the Department of
Public Safety, shall provide to the department's residential
child-care facility licensing investigators advanced training in
investigative protocols and techniques.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2005, 79th Leg., ch. 268, § 1.27, eff. Sept. 1,
2005.
§ 261.3101. FORENSIC INVESTIGATION SUPPORT. The
department shall, subject to the availability of money:
(1) employ or contract with medical and law
enforcement professionals who shall be strategically placed
throughout the state to provide forensic investigation support and
to assist caseworkers with assessment decisions and intervention
activities;
(2) employ or contract with subject matter experts to
serve as consultants to department caseworkers in all aspects of
their duties; and
(3) designate persons who shall act as liaisons within
the department whose primary functions are to develop relationships
with local law enforcement agencies and courts.
Added by Acts 2005, 79th Leg., ch. 268, § 1.28, eff. Sept. 1,
2005.
§ 261.311. NOTICE OF REPORT. (a) When during an
investigation of a report of suspected child abuse or neglect a
representative of the department or the designated agency conducts
an interview with or an examination of a child, the department or
designated agency shall make a reasonable effort before 24 hours
after the time of the interview or examination to notify each parent
of the child and the child's legal guardian, if one has been
appointed, of the nature of the allegation and of the fact that the
interview or examination was conducted.
(b) If a report of suspected child abuse or neglect is
administratively closed by the department or designated agency as a
result of a preliminary investigation that did not include an
interview or examination of the child, the department or designated
agency shall make a reasonable effort before the expiration of 24
hours after the time the investigation is closed to notify each
parent and legal guardian of the child of the disposition of the
investigation.
(c) The notice required by Subsection (a) or (b) is not
required if the department or agency determines that the notice is
likely to endanger the safety of the child who is the subject of the
report, the person who made the report, or any other person who
participates in the investigation of the report.
(d) The notice required by Subsection (a) or (b) may be
delayed at the request of a law enforcement agency if notification
during the required time would interfere with an ongoing criminal
investigation.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 1022, § 74, eff. Sept. 1,
1997.
§ 261.312. REVIEW TEAMS; OFFENSE. (a) The department
shall establish review teams to evaluate department casework and
decision-making related to investigations by the department of
child abuse or neglect. The department may create one or more
review teams for each region of the department for child protective
services. A review team is a citizen review panel or a similar
entity for the purposes of federal law relating to a state's child
protection standards.
(b) A review team consists of five members who serve
staggered two-year terms. Review team members are appointed by the
director of the department and consist of community representatives
and private citizens who live in the region for which the team is
established. Each member must be a parent who has not been
convicted of or indicted for an offense involving child abuse or
neglect, has not been determined by the department to have engaged
in child abuse or neglect, or is not under investigation by the
department for child abuse or neglect. A member of a review team is
a department volunteer for the purposes of Section 411.114,
Government Code.
(c) A review team conducting a review of an investigation
may conduct the review by examining the facts of the case as
outlined by the department caseworker and law enforcement
personnel. A review team member acting in the member's official
capacity may receive information made confidential under Section
40.005, Human Resources Code, or Section 261.201.
(d) A review team shall report to the department the results
of the team's review of an investigation. The review team's report
may not include confidential information. The findings contained
in a review team's report are subject to disclosure under Chapter
552, Government Code. This section does not require a law
enforcement agency to divulge information to a review team that the
agency believes would compromise an ongoing criminal case,
investigation, or proceeding.
(e) A member of a review team commits an offense if the
member discloses confidential information. An offense under this
subsection is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 943, § 3, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 575, § 16, eff. Sept. 1,
1997.
§ 261.3125. CHILD SAFETY SPECIALISTS. (a) The department
shall employ in each of the department's administrative regions at
least one child safety specialist. The job responsibilities of the
child safety specialist must focus on child abuse and neglect
investigation issues, including reports of child abuse required by
Section 261.101, to achieve a greater compliance with that section,
and on assessing and improving the effectiveness of the department
in providing for the protection of children in the region.
(b) The duties of a child safety specialist must include the
duty to:
(1) conduct staff reviews and evaluations of cases
determined to involve a high risk to the health or safety of a
child, including cases of abuse reported under Section 261.101, to
ensure that risk assessment tools are fully and correctly used;
(2) review and evaluate cases in which there have been
multiple referrals to the department of child abuse or neglect
involving the same family, child, or person alleged to have
committed the abuse or neglect; and
(3) approve decisions and assessments related to
investigations of cases of child abuse or neglect that involve a
high risk to the health or safety of a child.
Added by Acts 1999, 76th Leg., ch. 1490, § 1, eff. Sept. 1, 1999.
Amended by Acts 2005, 79th Leg., ch. 268, § 1.29, eff. Sept. 1,
2005.
§ 261.3126. COLOCATION OF INVESTIGATORS. (a) In each
county, to the extent possible, the department and the local law
enforcement agencies that investigate child abuse in the county
shall colocate in the same offices investigators from the
department and the law enforcement agencies to improve the
efficiency of child abuse investigations. With approval of the
local children's advocacy center and its partner agencies, in each
county in which a children's advocacy center established under
Section 264.402 is located, the department shall attempt to locate
investigators from the department and county and municipal law
enforcement agencies at the center.
(b) A law enforcement agency is not required to comply with
the colocation requirements of this section if the law enforcement
agency does not have a full-time peace officer solely assigned to
investigate reports of child abuse and neglect.
(c) If a county does not have a children's advocacy center,
the department shall work with the local community to encourage one
as provided by Section 264.402.
Added by Acts 2005, 79th Leg., ch. 268, § 1.30, eff. Sept. 1,
2005.
§ 261.314. TESTING. (a) The department shall provide
testing as necessary for the welfare of a child who the department
believes, after an investigation under this chapter, has been
sexually abused, including human immunodeficiency virus (HIV)
testing of a child who was abused in a manner by which HIV may be
transmitted.
(b) Except as provided by Subsection (c), the results of a
test under this section are confidential.
(c) If requested, the department shall report the results of
a test under this section to:
(1) a court having jurisdiction of a proceeding
involving the child or a proceeding involving a person suspected of
abusing the child;
(2) a person responsible for the care and custody of
the child as a foster parent; and
(3) a person seeking to adopt the child.
Added by Acts 1995, 74th Leg., ch. 943, § 7, eff. Sept. 1, 1995.
§ 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
FROM RECORDS. (a) At the conclusion of an investigation in which
the department determines that the person alleged to have abused or
neglected a child did not commit abuse or neglect, the department
shall notify the person of the person's right to request the
department to remove information about the person's alleged role in
the abuse or neglect report from the department's records.
(b) On request under Subsection (a) by a person whom the
department has determined did not commit abuse or neglect, the
department shall remove information from the department's records
concerning the person's alleged role in the abuse or neglect
report.
(c) The board shall adopt rules necessary to administer this
section.
Added by Acts 1997, 75th Leg., ch. 1022, § 75, eff. Sept. 1,
1997.
§ 261.316. EXEMPTION FROM FEES FOR MEDICAL RECORDS. The
department is exempt from the payment of a fee otherwise required or
authorized by law to obtain a medical record from a hospital or
health care provider if the request for a record is made in the
course of an investigation by the department.
Added by Acts 1997, 75th Leg., ch. 575, § 17, eff. Sept. 1, 1997.
Renumbered from § 261.315 by Acts 1999, 76th Leg., ch. 62, §
19.01(27), eff. Sept. 1, 1999.
SUBCHAPTER E. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION IN
CERTAIN FACILITIES
§ 261.401. AGENCY INVESTIGATION. (a) Notwithstanding
Section 261.001, in this section:
(1) "Abuse" means an intentional, knowing, or reckless
act or omission by an employee, volunteer, or other individual
working under the auspices of a facility that causes or may cause
emotional harm or physical injury to, or the death of, a child
served by the facility as further described by rule or policy.
(2) "Exploitation" means the illegal or improper use
of a child or of the resources of a child for monetary or personal
benefit, profit, or gain by an employee, volunteer, or other
individual working under the auspices of a facility as further
described by rule or policy.
(3) "Neglect" means a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility, including failure to comply with an individual
treatment plan, plan of care, or individualized service plan, that
causes or may cause substantial emotional harm or physical injury
to, or the death of, a child served by the facility as further
described by rule or policy.
(b) A state agency that operates, licenses, certifies, or
registers a facility in which children are located shall make a
prompt, thorough investigation of a report that a child has been or
may be abused, neglected, or exploited in the facility. The primary
purpose of the investigation shall be the protection of the child.
(c) A state agency shall adopt rules relating to the
investigation and resolution of reports received as provided by
this subchapter. The Health and Human Services Commission shall
review and approve the rules of agencies other than the Texas
Department of Criminal Justice, Texas Youth Commission, or Texas
Juvenile Probation Commission to ensure that those agencies
implement appropriate standards for the conduct of investigations
and that uniformity exists among agencies in the investigation and
resolution of reports.
(d) The Texas School for the Blind and Visually Impaired and
the Texas School for the Deaf shall adopt policies relating to the
investigation and resolution of reports received as provided by
this subchapter. The Health and Human Services Commission shall
review and approve the policies to ensure that the Texas School for
the Blind and Visually Impaired and the Texas School for the Deaf
adopt those policies in a manner consistent with the minimum
standards adopted by the Health and Human Services Commission under
Section 261.407.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 98, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 355, § 2, eff. Sept. 1, 2001.
§ 261.402. INVESTIGATIVE REPORTS. (a) A state agency
shall prepare and keep on file a complete written report of each
investigation conducted by the agency under this subchapter.
(b) A state agency shall immediately notify the appropriate
state or local law enforcement agency of any report the agency
receives, other than a report from a law enforcement agency, that
concerns the suspected abuse, neglect, or exploitation of a child
or the death of a child from abuse or neglect. If the state agency
finds evidence indicating that a child may have been abused,
neglected, or exploited, the agency shall report the evidence to
the appropriate law enforcement agency.
(c) A state agency that licenses, certifies, or registers a
facility in which children are located shall compile, maintain, and
make available statistics on the incidence of child abuse, neglect,
and exploitation in the facility.
(d) A state agency shall compile, maintain, and make
available statistics on the incidence of child abuse, neglect, and
exploitation in a facility operated by the state agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 99, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 355, § 3, eff. Sept. 1, 2001.
§ 261.403. COMPLAINTS. (a) If a state agency receives a
complaint relating to an investigation conducted by the agency
concerning a facility operated by that agency in which children are
located, the agency shall refer the complaint to the agency's
board.
(b) The board of a state agency that operates a facility in
which children are located shall ensure that the procedure for
investigating abuse, neglect, and exploitation allegations and
inquiries in the agency's facility is periodically reviewed under
the agency's internal audit program required by Chapter 2102,
Government Code.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 355, § 4, eff. Sept. 1,
2001.
§ 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
OF MENTAL HEALTH AND MENTAL RETARDATION. (a) The department shall
investigate a report of abuse, neglect, or exploitation of a child
receiving services:
(1) in a facility operated by the Texas Department of
Mental Health and Mental Retardation;
(2) in or from a community center, a local mental
health authority, or a local mental retardation authority; or
(3) through a program providing services to that child
by contract with a facility operated by the Texas Department of
Mental Health and Mental Retardation, a community center, a local
mental health authority, or a local mental retardation authority.
(b) The department shall investigate the report under rules
developed jointly between the department and the Texas Department
of Mental Health and Mental Retardation.
(c) The definitions of "abuse" and "neglect" prescribed by
Section 261.001 do not apply to an investigation under this
section.
(d) In this section, "community center," "local mental
health authority," and "local mental retardation authority" have
the meanings assigned by Section 531.002, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 751, § 100, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 907, § 39, eff. Sept.
1, 1999.
§ 261.405. INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
AND FACILITIES. (a) In this section:
(1) "Juvenile justice facility" means a facility
operated wholly or partly by the juvenile board or by a private
vendor under a contract with the juvenile board or county that
serves juveniles under juvenile court jurisdiction. The term
includes:
(A) a public or private juvenile
pre-adjudication secure detention facility, including a holdover
facility;
(B) a public or private juvenile
post-adjudication secure correctional facility except for a
facility operated solely for children committed to the Texas Youth
Commission; and
(C) a public or private non-secure juvenile
post-adjudication residential treatment facility that is not
licensed by the Department of Protective and Regulatory Services or
the Texas Commission on Alcohol and Drug Abuse.
(2) "Juvenile justice program" means a program
operated wholly or partly by the juvenile board or by a private
vendor under a contract with a juvenile board that serves juveniles
under juvenile court jurisdiction. The term includes:
(A) a juvenile justice alternative education
program; and
(B) a non-residential program that serves
juvenile offenders under the jurisdiction of the juvenile court.
(b) A report of alleged abuse, neglect, or exploitation in
any juvenile justice program or facility shall be made to the Texas
Juvenile Probation Commission and a local law enforcement agency
for investigation.
(c) The Texas Juvenile Probation Commission shall conduct
an investigation as provided by this chapter if the commission
receives a report of alleged abuse, neglect, or exploitation in any
juvenile justice program or facility.
(d) In an investigation required under this section, the
investigating agency shall have access to medical and mental health
records as provided by Subchapter D.
(e) As soon as practicable after a child is taken into
custody or placed in a juvenile justice facility or juvenile
justice program, the facility or program shall provide the child's
parents with:
(1) information regarding the reporting of suspected
abuse, neglect, or exploitation of a child in a juvenile justice
facility or juvenile justice program to the Texas Juvenile
Probation Commission; and
(2) the commission's toll-free number for this
reporting.
Added by Acts 1995, 74th Leg., ch. 751, § 100, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 162, § 2; Acts 1997,
75th Leg., ch. 1374, § 8, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1150, § 7, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 1390, § 26, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
1477, § 26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297,
§ 47, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, § 29,
eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 949, § 28, eff.
Sept. 1, 2005.
§ 261.406. INVESTIGATIONS IN SCHOOLS. (a) On receipt of
a report of alleged or suspected abuse or neglect of a child in a
public or private school under the jurisdiction of the Texas
Education Agency, the department shall perform an investigation as
provided by this chapter.
(b) The department shall send a written report of the
department's investigation, as appropriate, to the Texas Education
Agency, the agency responsible for teacher certification, the local
school board or the school's governing body, the superintendent of
the school district, and the school principal or director, unless
the principal or director is alleged to have committed the abuse or
neglect, for appropriate action. On request, the department shall
provide a copy of the report of investigation to the parent,
managing conservator, or legal guardian of a child who is the
subject of the investigation and to the person alleged to have
committed the abuse or neglect. The report of investigation shall
be edited to protect the identity of the persons who made the report
of abuse or neglect. Section 261.201(b) applies to the release of
confidential information relating to the investigation of a report
of abuse or neglect under this section and to the identity of the
person who made the report of abuse or neglect.
(c) Nothing in this section may prevent a law enforcement
agency from conducting an investigation of a report made under this
section.
(d) The Board of Protective and Regulatory Services shall
adopt rules necessary to implement this section.
Added by Acts 1995, 74th Leg., ch. 751, § 100, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 575, § 18, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 1150, § 8, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1390, § 27, eff. Sept. 1, 1999; Acts
2005, 79th Leg., ch. 213, § 2, eff. Sept. 1, 2005.
§ 261.407. MINIMUM STANDARDS. (a) The Health and Human
Services Commission by rule shall adopt minimum standards for the
investigation under Section 261.401 of suspected child abuse,
neglect, or exploitation in a facility.
(b) A rule or policy adopted by a state agency or
institution under Section 261.401 must be consistent with the
minimum standards adopted by the Health and Human Services
Commission.
(c) This section does not apply to a facility under the
jurisdiction of the Texas Department of Criminal Justice, Texas
Youth Commission, or Texas Juvenile Probation Commission.
Added by Acts 2001, 77th Leg., ch. 355, § 5, eff. Sept. 1, 2001.
§ 261.408. INFORMATION COLLECTION. (a) The Health and
Human Services Commission by rule shall adopt uniform procedures
for collecting information under Section 261.401, including
procedures for collecting information on deaths that occur in
facilities.
(b) The department shall receive and compile information on
investigations in facilities. An agency submitting information to
the department is responsible for ensuring the timeliness,
accuracy, completeness, and retention of the agency's reports.
(c) This section does not apply to a facility under the
jurisdiction of the Texas Department of Criminal Justice, Texas
Youth Commission, or Texas Juvenile Probation Commission.
Added by Acts 2001, 77th Leg., ch. 355, § 5, eff. Sept. 1, 2001.
§ 261.409. INVESTIGATIONS IN FACILITIES UNDER TEXAS YOUTH
COMMISSION JURISDICTION. The board of the Texas Youth Commission
by rule shall adopt standards for:
(1) the investigation under Section 261.401 of
suspected child abuse, neglect, or exploitation in a facility under
the jurisdiction of the Texas Youth Commission; and
(2) compiling information on those investigations.
Added by Acts 2001, 77th Leg., ch. 355, § 6, eff. Sept. 1, 2001.
§ 261.410. REPORT OF ABUSE BY OTHER CHILDREN. (a) In this
section:
(1) "Physical abuse" means:
(A) physical injury that results in substantial
harm to the child requiring emergency medical treatment 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; or
(B) 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.
(2) "Sexual abuse" means:
(A) sexual conduct harmful to a child's mental,
emotional, or physical welfare; or
(B) failure to make a reasonable effort to
prevent sexual conduct harmful to a child.
(b) An agency that operates, licenses, certifies, or
registers a facility shall require a residential child-care
facility to report each incident of physical or sexual abuse
committed by a child against another child.
(c) Using information received under Subsection (b), the
agency that operates, licenses, certifies, or registers a facility
shall, subject to the availability of funds, compile a report that
includes information:
(1) regarding the number of cases of physical and
sexual abuse committed by a child against another child;
(2) identifying the residential child-care facility;
(3) regarding the date each allegation of abuse was
made;
(4) regarding the date each investigation was started
and concluded;
(5) regarding the findings and results of each
investigation; and
(6) regarding the number of children involved in each
incident investigated.
Added by Acts 2005, 79th Leg., ch. 268, § 1.31, eff. Sept. 1,
2005.