2120 Requirements for Reporting Abuse or Neglect
2121 Legal Requirements for Reporting Abuse or Neglect
CPS August 2009
Any person who has cause to believe that a child is being abused or neglected is required by Texas law to contact CPS or law enforcement.
Texas Family Code §§261.101(a); 261.103(a)
Mandatory Reporting for DFPS Staff and Other Professionals
A professional who has cause to believe that a child has been abused or neglected is required by law to report the abuse or neglect within 48 hours of becoming aware of the incident. The professional cannot delegate to or rely on another person to make the report.
For the purposes of reporting, other professionals are defined as persons who are:
· licensed or certified by the state;
OR
· employed by a facility licensed, certified, or operated by the state;
AND
· in the normal course of official duties or duties for which a license or certification is required, have direct contact with children.
The term professional 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.
Texas Family Code §261.101(b)
Reporting Responsibilities for DFPS Staff
As state-employed professionals, DFPS staff who have cause to believe that a child has been abused or neglected are required by law to report the abuse or neglect to SWI at 1 (800) 252-5400 within 48 hours of becoming aware of the incident.
Texas Family Code §261.101(b)
DFPS staff who meet the criteria must encourage reporters to report all suspected incidents of abuse or neglect or the risk of abuse or neglect to the Statewide Intake (SWI) Division of DFPS.
See also 2132 Reports Made to Field Offices.
If a reporter refuses to call SWI, staff must report the information to SWI.
Exception to Notifying SWI
If in the course of an investigation, additional allegations of abuse or neglect are discovered, the CPS worker conducting the investigation includes the additional allegations in the open investigation, rather than forwarding them to SWI. See 2233.3 New Intake or Allegation Received During an Open Investigation.
2122 Special Issues Relating to Reporting Abuse or Neglect
CPS August 2009
Anonymity
Anonymous reports of abuse or neglect, while not encouraged, are received and acted on as required in 2224.43 Preliminary Investigations of Anonymous Reports.
Texas Family Code §261.304
Intake workers must encourage reporters to give their names and the names of any collateral sources who can corroborate their reports.
Confidentiality
If a reporter requests that his or her identity be kept confidential, the intake worker advises him that DFPS:
· may have to disclose the reporter’s identity to the district attorney and to law enforcement officials; but
· will not reveal the reporter’s identity to the child’s parents, to alleged perpetrators, to other children in the family, or to others without the reporter's consent, unless a court orders otherwise.
See 1450 Confidentiality of Information.
Texas Family Code §261.201
Immunity
A worker may inform a person who reports abuse or neglect that the law gives the reporter immunity from civil or criminal liability in any judicial proceedings that result from the report, unless the reporter is:
· reporting his or her own conduct; or
· reporting in bad faith or malice.
Texas Family Code §261.106
Good Faith
If a reporter of abuse or neglect is a parent who is reporting the other parent in connection with a pending law suit that affects the parent-child relationship, the intake worker may inform the reporter that false reports are admissible as evidence in any suit between parents that involves the terms of conservatorship.
Texas Family Code §153.013
False Reporting
Intake workers may inform any reporter of abuse or neglect that it is a Class B misdemeanor to knowingly or intentionally report without a factual foundation.
Texas Family Code §261.107