Law & Legal & Attorney Government & administrative Law

Texas Child Protection Laws

    • Child protection in Texasdreaming child image by Frenk_Danielle Kaufmann from Fotolia.com

      Texas has a set of laws that have resulted in a comprehensive program to prevent and investigate abuse and neglect of children. Texas defines abuse to include the failure to protect a child from another person who is harming the child. Texas also has strict reporting laws and a well-developed program for providing services to children and their families.

    Definition of Abuse

    • Texas defines abuse as any mental, emotional, or physical harm to a child that "actively creates observable and material impairment in the child's growth, development, or psychological functioning." Abuse includes sexual conduct by an adult, having the child engage in sexual conduct or sexual performances and photographing or recording the child in sexual situations. It also includes failing to act to prevent others from doing these things. Abuse includes using controlled substances in a way that harms a child or having the child use controlled substances. (TFC Section 261.001)

    Mandatory Reporting

    • Texas law on reporting child abuse and neglect is particularly strict. It requires every person to report child abuse or neglect to the state Department of Family and Protective Services. Anyone who knows of abuse or neglect and fails to make a report can be criminally prosecuted for a Class B misdemeanor. The names of people making reports are kept confidential, and those people are protected from both civil and criminal liability for making the report, unless they make the report in bad faith.The Department has a website where people can make reports online.

    Investigations and Services

    • The Department of Family and Protective Services investigates complaints and takes a range of actions. If possible, children and families are given services to allow them to remain together as a family. If that is not possible, children may be placed in foster care or adoptive homes. The Department provides detailed information about the investigation process and about the services available on its website.

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