New Child Abuse Reporting Law Goes into Effect Sept. 1
Date Posted: 7/27/2023
With a new school year upon us and the 2023 regular legislative session behind us, it is a good time for educators to familiarize themselves with revisions to current laws that affect the profession. On Sept. 1, 2023, a revision to the Texas Family Code child abuse reporting law will go into effect. Although the current law allows for anonymous reports to be made to the Texas Department of Family Protective Services (DFPS), the revised law prohibits DFPS from accepting anonymous reports. It is important for educators to understand their duties as mandated reporters, and this revision does not affect those duties. The revision simply prohibits reports of abuse to be made anonymously by any party.
In Texas, individuals who hold a state professional license, including educators, have a mandatory duty to make a report of child abuse or neglect within 48 hours of having a reasonable suspicion that it is occurring. They cannot delegate this duty to a colleague, such as an administrator or counselor. Failing to make a report could result in both criminal and civil liability, sanctions to an educator’s Texas Education Agency (TEA) certification, and termination of employment.
The Texas Family Code defines abuse and neglect. Abuse can take many forms, including mental, emotional, physical, and sexual. A person may also be guilty of abuse if they cause or permit a child to be in a situation that results in abuse or if they fail to make a reasonable effort to prevent another person from committing physical or sexual abuse. Further, abuse does not have to be imposed by an adult—one student abusing another student can be considered child abuse. Failure to provide a child with food, clothing, shelter, and/or medical care, as well as leaving a child in a situation where the child is at risk of harm, constitutes neglect.
If an educator suspects a student is being abused or neglected, they must make a report to the proper authorities. If an educator has a TEA certification or other state license, they need to make their report within 48 hours of the time they first suspect that a child has or may have been abused or neglected. Again, administrators and counselors are not proper reporting authorities.
Reports of suspected abuse or neglect must be made to DFPS or any local or state law enforcement agency. There is a distinction in the appropriate reporting authority in a case where the suspected abuse involves a person who is responsible for the care, custody, or welfare of a child. This would include parents and guardians, as well as school personnel. The report must be made to DFPS in such cases; otherwise, reports can be made solely to law enforcement.
DFPS has a hotline where educators can report over the phone, and there is also a website where educators can report electronically.
The child abuse reporting law has also been revised to require that the reporter provide the information that caused them to believe the child has been abused or neglected and the source of that information. Additionally, the reporter must provide their name, phone number, and personal address. If reporting in their professional capacity (such as a mandated report by an educator), the reporter must also provide their business address and their profession. The person receiving the report must also notify the reporter that their identity will remain confidential and will be disclosed only to law enforcement for purposes of an investigation or as otherwise currently provided by law.
If a report of abuse or neglect is made orally, the department or local or state law enforcement agency receiving the report shall notify the reporter that the report is being recorded and that making a false report is a criminal offense.
In addition to satisfying their duty as mandated reporters, educators should also follow any district polices related to the reporting of suspected abuse or neglect to designated district officials. Coercing or suppressing an educator into failing to report child abuse and neglect is a crime. Educators are immune from civil or criminal liability for any report of child abuse or neglect if the report is made in good faith. If a report is made in bad faith or malice, then that reporter is not immune from civil or criminal liability.
DFPS provides training and resources for teachers and other professionals regarding reporting child abuse on its website.
In Texas, individuals who hold a state professional license, including educators, have a mandatory duty to make a report of child abuse or neglect within 48 hours of having a reasonable suspicion that it is occurring. They cannot delegate this duty to a colleague, such as an administrator or counselor. Failing to make a report could result in both criminal and civil liability, sanctions to an educator’s Texas Education Agency (TEA) certification, and termination of employment.
The Texas Family Code defines abuse and neglect. Abuse can take many forms, including mental, emotional, physical, and sexual. A person may also be guilty of abuse if they cause or permit a child to be in a situation that results in abuse or if they fail to make a reasonable effort to prevent another person from committing physical or sexual abuse. Further, abuse does not have to be imposed by an adult—one student abusing another student can be considered child abuse. Failure to provide a child with food, clothing, shelter, and/or medical care, as well as leaving a child in a situation where the child is at risk of harm, constitutes neglect.
If an educator suspects a student is being abused or neglected, they must make a report to the proper authorities. If an educator has a TEA certification or other state license, they need to make their report within 48 hours of the time they first suspect that a child has or may have been abused or neglected. Again, administrators and counselors are not proper reporting authorities.
Reports of suspected abuse or neglect must be made to DFPS or any local or state law enforcement agency. There is a distinction in the appropriate reporting authority in a case where the suspected abuse involves a person who is responsible for the care, custody, or welfare of a child. This would include parents and guardians, as well as school personnel. The report must be made to DFPS in such cases; otherwise, reports can be made solely to law enforcement.
DFPS has a hotline where educators can report over the phone, and there is also a website where educators can report electronically.
The child abuse reporting law has also been revised to require that the reporter provide the information that caused them to believe the child has been abused or neglected and the source of that information. Additionally, the reporter must provide their name, phone number, and personal address. If reporting in their professional capacity (such as a mandated report by an educator), the reporter must also provide their business address and their profession. The person receiving the report must also notify the reporter that their identity will remain confidential and will be disclosed only to law enforcement for purposes of an investigation or as otherwise currently provided by law.
If a report of abuse or neglect is made orally, the department or local or state law enforcement agency receiving the report shall notify the reporter that the report is being recorded and that making a false report is a criminal offense.
In addition to satisfying their duty as mandated reporters, educators should also follow any district polices related to the reporting of suspected abuse or neglect to designated district officials. Coercing or suppressing an educator into failing to report child abuse and neglect is a crime. Educators are immune from civil or criminal liability for any report of child abuse or neglect if the report is made in good faith. If a report is made in bad faith or malice, then that reporter is not immune from civil or criminal liability.
DFPS provides training and resources for teachers and other professionals regarding reporting child abuse on its website.