Tex. Fam. Code § 261.101-261.104

TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES CHAPTER 261 • INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Subchapter B: REPORT OF ABUSE OR NEGLECT; IMMUNITIES Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT. (a) A person having reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. (b) If a professional has reasonable cause to believe that a child has been abused or neglected or may be abused or neglected, or that a child is a victim of an offense under Section 21.11, Penal Code, and the professional has reasonable cause to believe that the child has been abused as defined by Section 261.001, the professional shall make a report not later than the 24th hour after the hour the professional first has reasonable cause to believe that the child has been or may be abused or neglected or is a victim of an offense under Section 21.11, Penal Code. A professional may not delegate to or rely on another person to make the report. In this subsection, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term 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. (b-1) In addition to the duty to make a report under Subsection (a) or (b), a person or professional shall make a report in the manner required by Subsection (a) or (b), as applicable, if the person or professio n to the duty to make a report under Subsection (a) or (b), a person or professional shall make a report in the manner required by Subsection (a) or (b), as applicable, if the person or professional has reasonable cause to believe that an adult was a victim of abuse or neglect as a child and the person or professional determines in good faith that disclosure of the information is necessary to protect the health and safety of: (1) another child; or (2) an elderly person or person with a disability as defined by Section 48.002, Human Resources Code. (c) The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services. (d) Unless waived in writing by the person making the report, the identity of an individual making a report under this chapter is confidential and may be disclosed only: (1) as provided by Section 261.201; (2) to a law enforcement officer for the purposes of conducting a criminal investigation of the report; or (3) to the Texas Education Agency or the State Board for Educator Certification, on request by the agency or board, for the purposes of: (A) conducting an investigation of the report; (B) conducting an investigation of an allegation that a person failed to submit a report as required under this chapter; or (C) compliance monitoring or conducting an investigation or review of an investigation under Section 22A.156, Education Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 87, eff. Sept. 1, 1995; Acts 1997, 75th Leg., 22A.156, Education Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 87, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 162, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 575, Sec. 11, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 65, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.29, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1150, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 21, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 5.003, eff. Sept. 1, 2001. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 27, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 4, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.122, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 3, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 902 (H.B. 3379), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.30, eff. June 20, 2025. Sec. 261.102. MATTERS TO BE REPORTED. A report should reflect the reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 88, eff. Sept. 1, 1995. Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. (a) Except as provided by Subsections (b) and (c) and Section 261.405, a report shall be made to: (1) a law enforcement agency; (2) the department; or (3) the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred. (b) A report may be made to the Texas Juvenile ) the department; or (3) the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred. (b) A report may be made to the Texas Juvenile Justice Department instead of the entities listed under Subsection (a) if the report is based on information provided by a child while under the supervision of the Texas Juvenile Justice Department concerning the child's alleged abuse of another child. (c) Notwithstanding Subsection (a), a report, other than a report under Subsection (a)(3) or Section 261.405, must be made to the department if the alleged or suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 89, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1477, Sec. 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 46, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 213 (H.B. 1970), Sec. 1, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.123, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 80, eff. September 1, 2015. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.31, eff. June 20, 2025. Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The individual making a report shall identify, 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; (3) the facts that caused the individual to believe the child has been abused or neglected and the source of the information; (4) the individual's name and telephone number; (5) the individual's: (A) home address; or (B) if the individual is a professional as defined by Section 261.101(b), the individual's business address and profession; and (6) any other pertinent information concerning the alleged or suspected abuse or ne ndividual is a professional as defined by Section 261.101(b), the individual's business address and profession; and (6) any other pertinent information concerning the alleged or suspected abuse or neglect. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES (b) If the individual making a report of child abuse or neglect uses the toll-free telephone number the department operates for reporting child abuse or neglect and the individual is unwilling to provide the information described by Subsection (a)(4), the department representative receiving the report shall notify the individual that: (1) the department is not authorized to accept an anonymous report of abuse or neglect; (2) the individual may report the abuse or neglect by making a report to a law enforcement agency; and (3) the identity of an individual making a report under this subchapter is confidential and may be disclosed only: (A) as provided by Section 261.201; (B) to a law enforcement officer for the purposes of conducting a criminal investigation of the report; or (C) to the Texas Education Agency or the State Board for Educator Certification, on request by the agency or board, for the purposes of: (i) conducting an investigation of the report; (ii) conducting an investigation of an allegation that a person failed to submit a report as required under this chapter; or (iii) compliance monitoring or conducting an investigation or review of an investigation under Section 22A.156, Education Code. (c) The department representative or other person receiving a report of child abuse or neglect shall use the person's best efforts to obtain the information described by Subsection (a). (d) If a report of abuse or neglect is made orally, the department or law enforcement agency receiving the report shall: (1) notify the individual making the report that: (A) the repo bsection (a). (d) If a report of abuse or neglect is made orally, the department or law enforcement agency receiving the report shall: (1) notify the individual making the report that: (A) the report is being recorded; and (B) making a false report is a criminal offense under Section 261.107 punishable as a state jail felony or a third degree felony; and (2) make an audio recording of the report. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 90, eff. Sept. 1, 1995. Amended by: Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.32, eff. June 20, 2025. Sec. 261.105. REFERRAL OF REPORT BY DEPARTMENT OR LAW ENFORCEMENT. (a) All reports received by a law enforcement agency that allege abuse or neglect by a person responsible for a child's care, custody, or welfare shall be referred immediately to the department. (b) The department shall immediately notify the appropriate law enforcement agency of any report it receives, other than a report from a law enforcement agency, that concerns the suspected abuse or neglect of a child or death of a child from abuse or neglect. (c) In addition to notifying a law enforcement agency, if the report relates to a child in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to the agency for investigation. (c-1) Notwithstanding Subsections (b) and (c), if a report under this section relates to a child with an intellectual disability receiving services in a state supported living center as defined by Section 531.002, Health and Safety Code, or the ICF-IID component of the Rio Grande State Center, the department shall immediately notify the commission and the commission shall proceed with the investigation of the report as provided by Section 261.404. Notwithstanding Section 261.005, in this subsection, nt shall immediately notify the commission and the commission shall proceed with the investigation of the report as provided by Section 261.404. Notwithstanding Section 261.005, in this subsection, "commission" means the Health and Human Services Commission. (d) If the department initiates an investigation and determines that the abuse or neglect does not involve a person responsible for the child's care, custody, or welfare, the department shall refer the report to the appropriate law enforcement agency for further investigation. If the department determines that the abuse or neglect involves an employee of a public or Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES private elementary or secondary school, the department shall notify, in writing, the superintendent of the school district, the director of the open-enrollment charter school, or the chief executive officer of the private school in which the employee is employed about the investigation. The written notice required by this subsection may be provided by e-mail to the official e-mail address of the appropriate official, if that e-mail address is publicly available. (e) In cooperation with the department, the Texas Juvenile Justice Department by rule shall adopt guidelines for identifying a report made to the Texas Juvenile Justice Department under Section 261.103(b) that is appropriate to refer to the department or a law enforcement agency for investigation. Guidelines adopted under this subsection must require the Texas Juvenile Justice Department to consider the severity and immediacy of the alleged abuse or neglect of the child victim. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 66, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 25, eff. Sept. 1, 1999; Acts 2003, 78th Leg., Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 66, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 25, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 374, Sec. 3, eff. June 18, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 4, eff. June 11, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.124, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 81, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1167 (S.B. 821), Sec. 4, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 987 (S.B. 1231), Sec. 1, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 2, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.33, eff. June 20, 2025. Sec. 261.1055. NOTIFICATION OF DISTRICT ATTORNEYS. (a) A district attorney may inform the department that the district attorney wishes to receive notification of some or all reports of suspected abuse or neglect of children who were in the county at the time the report was made or who were in the county at the time of the alleged abuse or neglect. (b) If the district attorney makes the notification under this section, the department shall, on receipt of a report of suspected abuse or neglect, immediately notify the district attorney as requested and the department shall forward a copy of the reports to the district attorney on request. Added by Acts 1997, 75th Leg., ch. 1022, Sec. 67, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.125, eff. April 2, 2015. Sec. 261.106. IMMUNITIES. (a) A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might other ies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. (b) Immunity from civil and criminal liability extends to an authorized volunteer of the department or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities. (c) A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 91, eff. Sept. 1, 1995. Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL PENALTY. (a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES of the third degree. (b) A finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report. (c) The appropriate dify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report. (c) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section. (d) The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable and necessary attorney's fees, court costs, and expenses incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report. (e) A person who engages in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty authorized by this subsection. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 92, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 68; Acts 1999, 76th Leg., ch. 62, Sec. 6.30, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.13, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.14(a), eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 52, eff. September 1, 2025. Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING. (a) In this section: (1) "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages. (2) "Defendant" means a party against whom a claim is made. (b) A court shall award a defendant reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proce defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if: (1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and (2) the claim is dismissed or judgment is rendered for the defendant. (c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that: (1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and (2) the defendant requests the court to award reasonable and necessary attorney's fees, court costs, and other expenses related to the defense of the claim. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 53, eff. September 1, 2025. Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter. (a-1) A person who is a professional as defined by Section 261.101(b) commits an offense if the person is required to make a report under Section 261.101(b) and knowingly fails to make a report as provided in this chapter. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES (b) An offense under Subsection (a) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect. (c) An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 5, eff. June 11, 2009. Acts 2013, 83rd Leg., R.S., Ch. 290 (H.B. 1205), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.126, eff. April 2, 2015. Sec. 261.110. EMPLOYER RETALIATION PROHIBITED. (a) In this section: (1) "Adverse employment action" means an action that affects an employee's compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Section 261.101. (2) "Professional" has the meaning assigned by Section 261.101(b). (b) An employer may not suspend or terminate the employment of, discriminate against, or take any other adverse employment action against a person who is a professional and who in good faith: (1) reports child abuse or neglect to: (A) the person's supervisor; (B) an administrator of the facility where the person is employed; (C) a state regulatory agency; or (D) a law enforcement agency; or (2) initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect. (c) A person may sue for injunctive relief, damages, or both if, in violation of this section, estigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect. (c) A person may sue for injunctive relief, damages, or both if, in violation of this section, the person: (1) is suspended or terminated from the person's employment; (2) is discriminated against; or (3) suffers any other adverse employment action. (d) A plaintiff who prevails in a suit under this section may recover: (1) actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown; (2) exemplary damages under Chapter 41, Civil Practice and Remedies Code, if the employer is a private employer; and (3) reasonable and necessary attorney's fees, court costs, and expenses. (e) In addition to amounts recovered under Subsection (d), a plaintiff who prevails in a suit under this section is entitled to: (1) reinstatement to the person's former position or a position that is comparable in terms of compensation, benefits, and other conditions of employment; (2) reinstatement of any fringe benefits and seniority rights lost because of the suspension, termination, or discrimination; and (3) compensation for wages lost during the period of suspension or termination. (f) A public employee who alleges a violation of this section may sue the employing state or local governmental entity for the relief provided for by this section. Sovereign immunity is waived and abolished to the extent of liability created by this Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES section. A person having a claim under this section may sue a governmental unit for damages allowed by this section. (g) In a suit under this section against an employing state or local governmental entity, a plaintiff may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience suit under this section against an employing state or local governmental entity, a plaintiff may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses in an amount that exceeds: (1) $50,000, if the employing state or local governmental entity has fewer than 101 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year; (2) $100,000, if the employing state or local governmental entity has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year; (3) $200,000, if the employing state or local governmental entity has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year; and (4) $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year. (h) If more than one subdivision of Subsection (g) applies to an employing state or local governmental entity, the amount of monetary damages that may be recovered from the entity in a suit brought under this section is governed by the applicable provision that provides the highest damage award. (i) A plaintiff suing under this section has the burden of proof, except that there is a rebuttable presumption that the plaintiff's employment was suspended or terminated or that the plaintiff was otherwise discriminated against for reporting abuse or neglect if the suspension, termination, or discrimination occurs before the 61st day after the date on which the person made a report in good faith. (j) A suit under this section may be brought in a district or county court of the county in which: (1) the plaintiff wa the 61st day after the date on which the person made a report in good faith. (j) A suit under this section may be brought in a district or county court of the county in which: (1) the plaintiff was employed by the defendant; or (2) the defendant conducts business. (k) It is an affirmative defense to a suit under Subsection (b) that an employer would have taken the action against the employee that forms the basis of the suit based solely on information, observation, or evidence that is not related to the fact that the employee reported child abuse or neglect or initiated or cooperated with an investigation or proceeding relating to an allegation of child abuse or neglect. (l) A public employee who has a cause of action under Chapter 554, Government Code, based on conduct described by Subsection (b) may not bring an action based on that conduct under this section. (m) This section does not apply to a person who reports the person's own abuse or neglect of a child or who initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of the person's own abuse or neglect of a child. (n) The court may order the fees, costs, expenses, and any postjudgment interest under Subsection (d)(3) to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. Added by Acts 2001, 77th Leg., ch. 896, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 218 (H.B. 621), Sec. 1, eff. September 1, 2019. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 54, eff. September 1, 2025. Sec. 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD. (a) In this section, "psychotropic medication" has the meaning assigned by Section 266.001. (b) The refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic medic he meaning assigned by Section 266.001. (b) The refusal of a parent, guardian, or managing or possessory conservator of a child 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, does not by itself constitute neglect of the child unless the refusal to consent: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 261, Subchapter B — REPORT OF ABUSE OR NEGLECT; IMMUNITIES (1) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (2) has resulted in an observable and material impairment to the growth, development, or functioning of the child. Added by Acts 2003, 78th Leg., ch. 1008, Sec. 3, eff. June 20, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.127, eff. April 2, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8