Tex. Fam. Code § 261.101 · Subchapter B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
PERSONS REQUIRED TO REPORT; TIME TO REPORT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 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.
Notes and commentary — not statutory text
History
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:
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
- Text hash
- sha256 3ec799e48b70bc18e6060321e2f5823b0f7ef67afc83b96d16fc16b2bf3e1f4c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
Family Code
Human Resources Code
Cited by 17 provisions
Provisions in this library whose text cites Tex. Fam. Code § 261.101. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Education Code
- Tex. Educ. Code § 22A.051REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO BOARD.Printed as Section 261.101, Family Code
- Tex. Educ. Code § 22A.052REQUIREMENT TO REPORT EMPLOYEE OR SERVICE PROVIDER MISCONDUCT TO AGENCY.Printed as Section 261.101, Family Code
- Tex. Educ. Code § 22A.301REQUIREMENT TO REPORT MISCONDUCT: PRIVATE SCHOOLS.Printed as Section 261.101, Family Code
- Tex. Educ. Code § 22A.302REQUIREMENT FOR COMPTROLLER TO REPORT EDUCATIONAL PROVIDER MISCONDUCT TO AGENCY AND BOARD.Printed as Section 261.101, Family Code
- Tex. Educ. Code § 51.9761CHILD ABUSE REPORTING POLICY AND TRAINING.Printed as Section 261.101, Family Code
Family Code
- Tex. Fam. Code § 104.007VIDEO TESTIMONY OF CERTAIN PROFESSIONALS.Printed as Section 261.101(b)
- Tex. Fam. Code § 107.007ATTORNEY WORK PRODUCT AND TESTIMONY.Printed as Section 261.101
- Tex. Fam. Code § 107.027LIMITATIONS ON AMICUS ATTORNEY POWERS.Printed as Section 261.101
- Tex. Fam. Code § 153.0071ALTERNATE DISPUTE RESOLUTION PROCEDURES.Printed as Section 261.101
- Tex. Fam. Code § 261.104CONTENTS OF REPORT; NOTICE.Printed as Section 261.101(b)
- Tex. Fam. Code § 261.109FAILURE TO REPORT; PENALTY.Printed as Section 261.101(a) | Section 261.101(b)
- Tex. Fam. Code § 261.110EMPLOYER RETALIATION PROHIBITED.Printed as Section 261.101 | Section 261.101(b)
- Tex. Fam. Code § 261.201CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.Printed as Section 261.101(b)
- Tex. Fam. Code § 261.3125CHILD SAFETY SPECIALISTS.Printed as Section 261.101
- Tex. Fam. Code § 261.406INVESTIGATIONS IN SCHOOLS.Printed as Section 261.101(d)(3)
- Tex. Fam. Code § 264.4061MULTIDISCIPLINARY TEAM RESPONSE REQUIRED.Printed as Section 261.101
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.