Child Abuse Reporting Laws for Texas

Last Reviewed:

State and Statute: Texas, Family Code §§ 261.101 et seq.

What Is Reportable “Abuse”: Physical, mental, or sexual abuse or neglect. [261.001 and 261.101(a)]

Mandatory Reporters: Any person. [261.101(a)]

How and Where to Report: Any local or state law enforcement agency, the department, or the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred. [261.103(a)]

Timeline to Report: Immediately. [261.101(a)] A professional who becomes aware of actual or suspected abuse within their professional capacities must report within 48 hours. [261.101(b)]

Clergy Privilege: “The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including … a member of the clergy.” [261.101(c)]

“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.” [261.202]

Penalty for Knowingly Failing to Report: Class A misdemeanor, but it is a “state jail felony” if mandated reporter attempted to conceal the abuse. [261.109(c)]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Texas have recognized civil liability.

Immunity for Inaccurate Report: “A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect … is immune from civil or criminal liability that might otherwise be incurred or imposed.” [261.106(a)]

“A person who … [knowingly makes a false report] is liable to the state for a civil penalty of $1,000.” [261.107E]

Disclosure of Mandatory Reporter’s Identity: Reporter’s identity is confidential absent written waiver and may be disclosed only as provided by statute. [261.101(d)]

Additional Information for Texas:

All information provided here was most recently verified in March of 2023.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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