RC VI-3
Reporting requirements:
Texas law requires any professional who suspects that a child is being abused or neglected to
make a report to the Texas Department of Family and Protective Services or any local or state
law enforcement agency within 48 hours. However, if the suspected abuse or neglect involves a
person responsible for the care, custody or welfare of the child, the report must be made to the
Texas Department of Family and Protective Services only.
Reports must be made of any type of suspected abuse or neglect, not just acts of physical
abuse. The obligation to report includes abuse that may occur in the future. Failure to report is
a class B misdemeanor punishable by a fine of up to $2,000, 180 days in jail or both.
Abuse defined:
The definition of abuse includes physical, sexual, or mental abuse, and failure to make a
reasonable effort to prevent a child from being abused. The contents of a report must include,
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.
Those reporting are not required to have proof that a child is being abused but must have
reasonable cause to know or suspect abuse.
As long as the report is made in good faith, the reporter is protected from civil and criminal
liability. The commissioner of education has enacted rules supporting state law that require
school district policies to inform employees of their immunity from liability for good faith
reports as well as the penalties for failure to report.
Districts must provide training to new teachers on recognition and prevention of child abuse
and/or neglect, including sexual abuse.
Strict confidentiality provided:
The Texas Family Code specifically states that both a child abuse report and the identity of an
individual making a report are confidential and may be disclosed only by order of a court or to a
law enforcement officer for the purposes of conducting a criminal investigation.
A court may not order the disclosure of a reporter’s identity or a child abuse report unless a
motion has been filed and the judge has conducted a private review of the requested
information and determined that the disclosure is essential to the administration of justice and
is not likely to endanger the life or safety of the child or reporter.