Reporting child abuse

• Abuse can be mental, emotional, physical or sexual. People may be guilty of abuse if they personally inflict the abuse, or if they cause or permit a child to be in a situation that results in the abuse.
• A mental or emotional injury is one that “results in an observable and material impairment in the child’s growth, development or psychological functioning.”
• A physical injury is one that results in substantial harm or the genuine threat of substantial harm to the child.
• Sexual abuse is any sexual conduct that is harmful to a child’s mental, emotional or physical welfare.
• Prohibited conduct includes allowing a child to be depicted in obscene or pornographic material.
• The failure to make a reasonable effort to prevent another person from committing physical or sexual abuse also constitutes abuse. 

• Make a report to the proper authorities—a school administrator or counselor is not a proper reporting authority. (See below for who is considered a proper reporting authority.)
• Make that report within 48 hours of the time you first suspect that the child has been or may be abused or neglected.
• Remain calm, and do not make promises to the child. You should not try to conduct your own “investigation.” Leave that to the proper authorities. As soon as possible but out of the presence of the child, makes notes about what the child said and how the child acted so that you can accurately answer questions if there is an ensuing investigation.

• Any local or state law enforcement agency
• The Texas Department of Family and Protective Services (TDFPS), if the suspected abuse involves a person responsible for the care, custody or welfare of a child (such as a child’s parent or guardian, personnel at a residential facility or school personnel). You can make a report to the TDFPS by calling the Child Abuse Hotline at (800) 252-5400, a service of the TDFPS.
• The state agency that operates, licenses, certifies or registers the facility in which the alleged abuse or neglect occurred 

No. Even if a school policy requires that educators report suspected child abuse to a designated person within the school district, you still must make a report to one of the previously listed authorities. Although it is important to follow school policy, state law still requires that you make the report directly to the proper authorities and prohibits policies that require a report to school personnel first.

• The child abuse reporting law requires you to make a report if you have any reason to believe that abuse might have occurred. Therefore, you must make a report even if you have no way of confirming your suspicions.
• Talk with a trained professional at the Child Abuse Hotline at (800) 252-5400 if you observe behavior in a child that gives you cause for concern but would like more information about whether the behavior is indicative of abuse or neglect.

• You are immune from civil or criminal liability for any report of child abuse as long as the report is made in good faith.
• A person who reports his or her own conduct, or who acts in bad faith or with malice in reporting alleged abuse, is not immune from civil or criminal liability.

• A report of suspected abuse or neglect is confidential, and it is not subject to public release under the Open Records Act.
• The identity of the person making a report as well as information contained in the report may be disclosed only for purposes consistent with the investigation of the alleged child abuse and in accordance with the requirements of the Family Code.

• An educator who fails to make a required child abuse report may be subject to criminal prosecution or civil liability.
• Failure to report is a class-B misdemeanor offense. A class-B misdemeanor is punishable by a fine of up to $2,000 and/or imprisonment for up to 180 days.
• Failure to report could subject you to considerable monetary liability in a civil rights lawsuit.
• Failure to report could result in sanctions to your professional certificate, if you have one.

Any person who knowingly or intentionally makes a false report commits a class-A misdemeanor. A class-A misdemeanor is punishable by a fine of up to $4,000 and/or imprisonment for up to one year.

• Section 38.004 of the Texas Education Code requires the Texas Education Agency (TEA) to develop a policy governing child abuse reports and requires each school district to adopt the policy.
• Each school district must provide child abuse anti-victimization programs in elementary and secondary schools.
• If the alleged abuse occurs in a public school, the TDFPS will investigate the allegation and will send a report of their investigation to TEA and to the local school board for appropriate action.

Many students report child abuse to teachers, administrators, paraprofessionals and particularly counselors with the expectation that the information will remain in confidence. Many educators are worried about betraying a student’s trust by making an official report. In such cases, you might want to explain to the student that you are required by law to make the report and that you could suffer criminal penalties if you do not. In any case, you must make the report or risk criminal penalties and possible negative consequences to job and career.