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“Abuse” includes the following acts or omissions by a person:

Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.

Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.

Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.

Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.

Sexual conduct harmful to a child’s mental, emotional, or physical welfare including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code.

Failure to make a reasonable effort to prevent sexual conduct harmful to a child.

Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code.

Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic.

Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code.

The current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child.

Causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code.

“Neglect” includes:

Leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child.

The following acts or omissions by a person:

Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that result in bodily injury or a substantial risk of immediate harm to the child.

Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child.

The failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.

Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child.

The failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.

“Person responsible for a child’s care, custody, or welfare” means a person who traditionally is responsible for a child’s care, custody, or welfare, including:

A parent, guardian, managing or possessory conservator, or foster parent of the child.

A member of the child’s family or household as defined by Chapter 71.

A person with whom the child’s parent cohabit.

School personnel or a volunteer at the child’s school.

Personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides.

According to DFPS (2021a), Elder (65+) and disabled abuse is:

Abuse may cause various injuries such as scratches, cuts, bruises, burns, broken bones, or bedsores. It can also result in confinement, rape or sexual misconduct, and verbal or psychological abuse.

Neglect may cause starvation, dehydration, over- or under-medication, unsanitary living conditions, lack of personal hygiene. Neglected adults may also not have heat, running water, electricity, medical care.

Exploitation may result in loss of property, money, or income. Exploitation means misusing the resources of an elderly or disabled person for personal or monetary benefit. This includes taking Social Security or SSI (Supplemental Security Income) checks, misusing a joint checking account, or taking property and other resources.

Sometimes adults who are 65 years old or older or those who have disabilities may become isolated or ill and not have someone who is willing and able to help meet their basic needs.

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-Texas law requires any person suspecting that a child has been abused or neglected must immediately make a report.
-Professionals must make a report no later than 48 hours after first suspecting a child has been abused/neglected (DFPS, 2021b).

Professionals include - teachers, nurses, doctors, day-care employees and  others who are either licensed by the state or work in a facility licensed or operated by the state and who have direct contact with children in the course of their job (DFPS, 2021b).

-According to RAINN(2021b), in addition to the aforementioned duty to report (for any person and professionals), a person or professional must make a report if they have 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 or safety of another child or an elderly or disabled person (as defined by Section 48.002, Human Resources Code).

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According to DFPS (2021b),
If possible...
-Name
-Date of birth (or approximate age)
-Condition (injuries, medical problems, physical disabilities, intellectual development, and emotional or behavioral problems)
-Description of injuries
-Location of injuries
-Child's description or feelings about the situation
*The child's age and current condition are important factors in determining the level of danger involved*

Be prepared to answer...
-Who?
-What?
-Where?
-When?
-How?

In doubt?
Call immediately and ask!

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Child Protective Services and Adult Protective Services (DFPS, 2021b)

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Child Protective Services and Adult Protective Services (DFPS, 2021b)

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1-800-252-5400

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Texas Department of Family and Protective Services

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Child Abuse:

Tex. Fam. Code §§ 101.003, 261.001, 261.101, 261.102, 261.103, 261.104, 261.106, 261.107, 261.109, 261.110, 261.111.

Tex. Health and Safety Code §§ 248A.001, 260A.001, 260A.002.

Tex. Penal Code § 12.21.

(RAINN, 2021b)

Elder Abuse:
Tex. Hum. Res. Code §§ 48.002, 48.051, 48.052, 48.053, 48.054; Tex. Health and Safety Code § 260A.002; Tex. Penal Code §§ 12.21, 12.35. (RAINN, 2021a)

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What happens if I suspect abuse and don't make a report? (RAINN, 2021)

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What happens if I suspect abuse and don't make a report? (RAINN, 2021)

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-Knowingly failing to report is a Class A misdemeanor if the person is required to make a report and knowingly fails to do so.

It is also important to note:

An employer may not suspend or terminate the employment of, or otherwise discriminate against, a person who is a professional and who in good faith:

Reports child abuse or neglect to:

The person’s supervisor;

An administrator of the facility where the person is employed;

A state regulatory agency; or

A law enforcement agency; or

Initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

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DFPS. (2021b). When and how to report child abuse. Texas Department of Family and Protective Services. https://www.dfps.state.tx.us/Child_Protection/Child_Safety/report_abuse.asp

DFPS. (2021a). Adult protective services (APS). Https://Www.Dfps.State.Tx.Us/Adult_Protection/Default.Asp. https://www.dfps.state.tx.us/Adult_Protection/default.asp

RAINN. (2021b). RAINN | Rape, Abuse and Incest National Network. https://apps.rainn.org/policy/policy-state-laws.cfm?state=Texas&group=4&_ga=2.141110322.18676594.1632059477-1466657535.1632059477

RAINN. (2021a). Mandatory Reporting Requirements: The Elderly Texas. https://apps.rainn.org/policy/policy-state-laws.cfm?state=Texas&group=5&_ga=2.32001854.18676594.1632059477-1466657535.1632059477