Who Must Report Child Abuse?

Everyone Must Report Child Abuse:

For children going through an abusive situation, nothing is more terrifying than the thought of having to tell others what has happened and to potentially confront their abusers. In many cases, the child does not report the abuse, refuses to talk about it or denies that shomething happened. The child might be afraid to tell because the abuser hurt or threatened to hurt the child, themselves or a family member; or they stay silent to protect the feelings of another family member; or the family fears being taken away from their family.

When fear, shame and confustion keep children silenced about abuse, it is up to the people they interact with to help them. Many times, people suspect abuse but do not want to get involved or create a "situation." Unfortunately, it does cause a situation for the children involved, a very destructive one. The kids are hurting. Their innocence and trust have been shattered. They are scared and need someone to stand up for them. Please do not mistake their silence for permission to stay out of it.

Intervention has to take place to protect children, to get them to a place of healing and to restore their childhood.

Texas Family Code (261.101) states that a person having cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by the abuse or neglect must report immediately.

Failure to report is punishable by imprisonment for up to 180 days and/or a fine up to $2,000.

The Law:

Texas Family Code, Chapter 34, 261.101.

Who Must Report:

A person having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect must report IMMEDIATELY. Professionals shall make a report within 48 hours of the initial suspicion of abuse. A professional may not delegate or rely on another person to make the report.

This Includes:

Teachers, Counselors, Clergy, Attorneys, Doctors.

Individuals whose personal communications would otherwise be considered privileged.

Legal Protection:

The identity of an individual making a report under this chapter is confidential and my be disclosed only on the order of a court or to a law enforcement officer for the purposes of conducting a criminal investigation of the report.

You are immune from civil or criminal liability as long as the report is made in “good faith” and “without malice”. “Good Faith” means that you took reasonable steps to learn the facts. “Without Malice” means that you did not intend to injure or violate the rights of another person.

Failure To Report:

Class B Misdemeanor punishable by imprisonment for up to 180 days and/or a fine of up to $2,000.

What to Report:

Child’s Name & Age	Address &/or School
Parent’s Name & Address	Any Statements Made by Child
Physical Indicators Observed	Behavioral Indicators Observed
Person Suspected of Abuse or Neglect	Relationship to Child

Report To:

Local Law Enforcement

Children’s Protective Services: 800-252-5400
Call: 1-800-252-5400
On-line: txabusehotline.org
Child Protective Services: www.dfps.state.tx.us
Or contact local law enforcement