30/10/2020
We’d like to quickly educate everyone on the duty each member of our community has to report child abuse or neglect.
First to define “abuse” and “neglect”.
Abuse – physical injury resulting in substantial harm or potential harm by parent or guardian excluding an accident or parental discipline; mental or emotional injury; sexual abuse; compelling a child to participate in sexual conduct (physical, photographic, filming); allowing to use or exposing a child to controlled substances.
Neglect – placing or leaving the child in a dangerous situation; fail to provide proper medical care, food, clothing or shelter; fail to remove a child from a sexual abuse situation.
The Texas Family Code, Section 261.101(a) states “A person having 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.” Subsection (b) states if a “professional” believes a child is being abused or neglected, they have 48 hours to report the abuse or neglect to CPS and this duty may not be delegated to another person. The report may be made to law enforcement or CPS. If the report is made to law enforcement, section 261.105 (a) states “All reports received by a local or state 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.” The department being CPS. If suspected child abuse or neglect is reported, Section 261.106 (a) states that a person, acting in “good faith” when making a report is immune from civil or criminal liability.
Section 261.109 states that (a) failure by any person required to make a report of suspected child abuse or neglect commits a class “A” misdemeanor. [If a teacher, nurse, etc. fails to report suspected child abuse or neglect with intent to conceal the abuse or neglect, they commit a state jail felony.]
There are three ways for the public to make a referral/report. The best is by calling the DFPS 24-hour hotline at 1-800-252-5400. You can also make a report online at
https://www.txabusehotline.org/
If you believe, a child or children are in immediate danger of harm you can also call 911 and have a Reagan County Deputy respond.
The CPS hotline and website link will be added to our website: www.reagancountysheriff.org