New Law Changes Mandatory Reporting Requirements

Senate Bill (SB) 571 passed by the 89th Legislature changes the mandatory reporting requirements for educators (and other “professionals” as defined in the bill) who have reasonable cause to believe a child has been abused and neglected. The bill amends Texas Family Code Sections 261.001 and 261.101. Although there are some minor changes discussed below, the primary change is the time limit to report has been cut in half—from 48 hours to 24 hours.  

Who Is Subject to the 24-Hour Rule?

The 24-hour rule applies to “professionals,” defined as “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.” This includes all employees of a school district or charter school, as well as juvenile detention and correctional officers.

The 24-hour rule does not apply to those not defined above as professionals. However, everyone in Texas is considered a mandatory reporter of abuse and neglect. The difference is that criminal penalties apply to professionals who do not report within 24 hours. Other members of the public have an obligation to report abuse or neglect “immediately.” So, while it is best practice for everyone to report quickly, the criminal penalty would not apply to those not defined as “professionals.”

When to Make a Report

An obligation to report is created when there is “reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect.” Section 261.001 of the Texas Family Code contains specific definitions of abuse and neglect, which can be found here.

SB 571 expands the definition of abuse to include “sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes an improper relationship between an educator and a student under Texas Penal Code § 21.12.”

The law requires a report when there is reason to suspect abuse might be occurring, therefore an individual must make a report even if they have no way of confirming their suspicions. Trained professionals at the Child Abuse Hotline at (800) 252-5400 can provide more information about whether a behavior is indicative of abuse or neglect to anyone who observes behavior in a child that gives you cause for concern.

Where to Submit a Report

Considering that the majority of abuse and neglect situations a school district employee encounters will “involve a person responsible for the care, custody, or welfare of the child,” it will usually be best (and safest) to report directly to the Texas Department of Family and Protective Services (“TDFPS” but commonly referred to as “CPS”). Reports can be made to the TDFPS by calling the Child Abuse Hotline at (800) 252-5400, a service of the TDFPS. The report can also be made electronically on the TDFPS at www.dfps.state.tx.us/contact_us/report_abuse.asp.

Other abuse and neglect reports can be made to:

• A law enforcement agency, defined as the Texas Department of Public Safety, the police department of a municipality, the sheriff’s office of a county, or a constable’s office of a county. The definition does not include a police department of an educational entity.
• The state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.

The reporting duty cannot be delegated to another employee. While it is normally advisable to notify an administrator or counselor of child abuse or neglect, doing so will not satisfy the legal requirement to report.

Consequences of Not Reporting

The Texas Family Code considers every Texan a mandatory reporter who is expected to report suspected abuse and neglect “immediately.” However, for those defined as “professionals,” failure to report within 24 hours can result in criminal prosecution or civil liability.

Knowingly failing to report is a class A misdemeanor punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine.

The penalty is enhanced to a state jail felony if there was an intent to conceal the abuse or neglect or if the child has intellectual disabilities, resides in a state supported living center, and suffers serious bodily injury as a result of the abuse or neglect.

Failure to timely report could also subject an individual to considerable monetary liability in a civil rights lawsuit and result in sanctions to their professional certificate or inclusion on the state’s Do Not Hire Registry.

Additional Resources

Additional information and resources, including a helpful FAQ, can be found on the TDFPS website. The Texas Education Agency (TEA) website also contains helpful information about an Educators’ Duty to Protect Students.