Tex. Fam. Code § 261.001 et seq.

TEXAS FAMILY CODE Chapter 261, Subchapter A — GENERAL PROVISIONS CHAPTER 261 • INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Subchapter A: GENERAL PROVISIONS FAMILY CODE > TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP > SUBTITLE E. PROTECTION OF THE CHILD > CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Sec. 261.001. DEFINITIONS. In this chapter: (1) "Abuse" includes the following acts or omissions by a person: (A) mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning; (B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; (C) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; (D) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child; (E) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, improper relationship between educator and student under Section 21.12, Penal Code, sexual assault under Section 22. 1.02, Penal Code, indecency with a child under Section 21.11, Penal Code, improper relationship between educator and student under Section 21.12, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code; (F) failure to make a reasonable effort to prevent sexual conduct harmful to a child; (G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under Section 43.021, Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code; (H) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; (I) the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child; (J) causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; (K) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code; (L) knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or (M) forcing or coercing a Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or (M) forcing or coercing a child to enter into a marriage. (1-a) "Abuse" does not include the refusal by a person responsible for a child's care, custody, or welfare to affirm: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 261, Subchapter A — GENERAL PROVISIONS (A) a child's perception of the child's gender, including a refusal to use a child's preferred name or pronouns, regardless of whether the child's name has been legally changed; or (B) a child's expressed sexual orientation. (2) "Department" means the Department of Family and Protective Services. (3) "Exploitation" means the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility or program as further described by rule or policy. (3-a) "Law enforcement agency" means: (A) the Department of Public Safety; (B) the police department of a municipality; (C) the sheriff's office of a county; or (D) a constable's office of a county. (4) "Neglect" means an act or failure to act by a person responsible for a child's care, custody, or welfare evidencing the person's blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child's physical health or safety and: (A) includes: (i) the leaving of a child in a situation where the child would be exposed to an immediate danger of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child; (ii) the following acts or omissio nging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child; (ii) the following acts or omissions by a person: (a) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or an immediate danger of harm to the child; (b) failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting an immediate danger of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; (c) the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused; (d) placing a child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child; or (e) placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child; (iii) the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away; or (iv) a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy; and (B) does not include: (i) the refusal by a person responsible for a child's care, custody, or welfare to permit the child to remain in or return to the child's home resulting in the placement of the child in the conservatorship of the department if: (a) the child has a severe emotional disturbance; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 261, Subchapter A — GENERAL PROVISIONS (b) the person's refusal is based solely on the person's inability to obtain mental health services necessary to protect the safety and well-being of the child; and (c) the person has exhausted all reasonable means available to the person to obtain the mental health services described by Sub-subparagraph (b); (ii) allowing the child to engage in independent activities that are appropriate and typical for the child's level of maturity, physical condition, developmental abilities, or culture; (iii) a decision by a person responsible for a child's care, custody, or welfare to: (a) obtain an opinion from more than one medical provider relating to the child's medical care; (b) transfer the child's medical care to a new medical provider; or (c) transfer the child to another health care facility; Text of subparagraph as added by Acts 2025, 89th Leg., R.S., Ch. 555 (H.B. 1106), Sec. 1 (iv) the refusal by a person responsible for a child's care, custody, or welfare to affirm: (a) a child's perception of the child's gender, including a refusal to use a child's preferred name or pronouns, regardle al by a person responsible for a child's care, custody, or welfare to affirm: (a) a child's perception of the child's gender, including a refusal to use a child's preferred name or pronouns, regardless of whether the child's name has been legally changed; or (b) a child's expressed sexual orientation Text of subparagraph as added by Acts 2025, 89th Leg., R.S., Ch. 215 (H.B. 1151), Sec. 2 (iv) the refusal by a person responsible for a child's care, custody, or welfare to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, unless the refusal: (a) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (b) results in an observable and material impairment to the growth, development, or functioning of the child; or (v) choosing a recognized alternative health care treatment or therapy for the child that could be considered as new, emerging, or nonstandard, unless the treatment or therapy: (a) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (b) results in an observable and material impairment to the growth, development, or functioning of the child. (5) "Person responsible for a child's care, custody, or welfare" means a person who traditionally is responsible for a child's care, custody, or welfare, including: (A) a parent, guardian, managing or possessory conservator, or foster parent of the child; (B) a member of the child's family or household as defined by Chapter 71; (C) a person with whom the child's parent cohabits; (D) school personnel or a volunteer at the child's school; (E) personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides; or (F) an employee, volunteer, or other person working under the supervision of a licensed or u s for the child or at a public or private residential institution or facility where the child resides; or (F) an employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42, Human Resources Code. (6) "Report" means a report that alleged or suspected abuse or neglect of a child has occurred or may occur. (7) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017. (8) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(4), eff. April 2, 2015. (9) "Severe emotional disturbance" means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits a person's role or ability to function in family, school, or community activities. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 261, Subchapter A — GENERAL PROVISIONS Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 86, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 10, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 63, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(26), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 59, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.11, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.32, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.03, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.120, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219) 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.120, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(4), eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 432 (S.B. 1889), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 4, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 7, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 2, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 5, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 29 (H.B. 2536), Sec. 2, eff. May 15, 2021. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.18, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 39, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.003, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 215 (H.B. 1151), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 555 (H.B. 1106), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.29, eff. June 20, 2025. Sec. 261.002. CENTRAL REGISTRY. (a) The department shall establish and maintain a central registry of the names of individuals found by the department to have abused or neglected a child. (b) The executive commissioner shall adopt rules necessary to carry out this section. The rules shall: (1) prohibit the department from making a finding of abuse or neglect against a person in a case in which the department is named managing conservator of a child who has a severe emotional disturbance only because the child's family is unable to obtain mental health services for the child; (2) establish guidelines for reviewing the records in the registry and removing those records in which the dep ly because the child's family is unable to obtain mental health services for the child; (2) establish guidelines for reviewing the records in the registry and removing those records in which the department was named managing conservator of a child who has a severe emotional disturbance only because the child's family was unable to obtain mental health services for the child; (3) require the department to remove a person's name from the central registry maintained under this section not later than the 10th business day after the date the department receives notice that a finding of abuse and neglect against the person is overturned in: (A) an administrative review or an appeal of the review conducted under Section 261.309(c); (B) a review or an appeal of the review conducted by the office of consumer affairs of the department; or (C) a hearing or an appeal conducted by the State Office of Administrative Hearings; and (4) require the department to update any relevant department files to reflect an overturned finding of abuse or neglect against a person not later than the 10th business day after the date the finding is overturned in a review, hearing, or appeal Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 261, Subchapter A — GENERAL PROVISIONS described by Subdivision (3). (c) The department may enter into agreements with other states to allow for the exchange of reports of child abuse and neglect in other states' central registry systems. The department shall use information obtained under this subsection in performing the background checks required under Section 42.056, Human Resources Code. The department shall cooperate with federal agencies and shall provide information and reports of child abuse and neglect to the appropriate federal agency that maintains the national registry for child abuse and neglect, if a national registry exists. (d) The department shall provide reports of child abuse and neglect to the appropriate federal agency that maintains the national registry for child abuse and neglect, if a national registry exists. (d) The department shall provide the Health and Human Services Commission with access to the central registry as necessary for the commission to perform its duties under Section 137.005, Human Resources Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.12, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.121, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 432 (S.B. 1889), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 360 (H.B. 2849), Sec. 1, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 11, eff. September 1, 2023. Sec. 261.003. APPLICATION TO STUDENTS IN SCHOOL FOR DEAF OR SCHOOL FOR BLIND AND VISUALLY IMPAIRED. This chapter applies to the investigation of a report of abuse or neglect of a student, without regard to the age of the student, in the Texas School for the Deaf or the Texas School for the Blind and Visually Impaired. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR NEGLECT REPORTS. (a) The department shall collect and monitor data regarding repeated reports of abuse or neglect: (1) involving the same child, including reports of abuse or neglect of the child made while the child resided in other households and reports of abuse or neglect of the child by different alleged perpetrators made while the child resided in the same household; or (2) by the same alleged perpetrator. (b) In monitoring reports of abuse or neglect under Subsection (a), the department shall group together separate reports involving different children residing in the same household. (c) The department shall consider any report collected under Subsection (a) invo a), the department shall group together separate reports involving different children residing in the same household. (c) The department shall consider any report collected under Subsection (a) involving any child or adult who is a part of a child's household when making case priority determinations or when conducting service or safety planning for the child or the child's family. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 8, eff. September 1, 2017. Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. Unless otherwise provided by a provision of this chapter, in this chapter: (1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and (2) a reference to the Health and Human Services Commission means the department. Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 10, eff. September 1, 2017. Redesignated from Family Code, Section 261.004 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(12), eff. September 1, 2019. Amended by: Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 1, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5