image

image

 
JOIN 800,000+ MEMBERS JOINJOIN Cancel
image

Definitions of Child Abuse and Neglect Texas

print
bookmark
comment
  • Currently 0/5 Stars.
You may use the stars on the left to rate and leave feedback for the current article. No registration is required. Waiting for 5 votes 0.0 of 5 stars (0 votes) — Thanks for your vote

Please fill out the following optional information before submitting your rating:



Statute: Fam. Code 261.001; Penal Code 43.01

Standard


Substantial harm or the genuine threat of substantial harm

Failure to make a reasonable effort to prevent

Exemption

Corporal punishment

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

Full Text of Statute

DEFINITIONS

Tex. Fam. Code Ann. 261.001 (West, WESTLAW through End of 2001 Reg. Sess.)


'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; sexual assault; or aggravated sexual
assault

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 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 or
pornographic, as defined by the Penal Code;

The current use by a person of a controlled
substance as defined by the 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; or

Causing, permitting, encouraging, engaging in, or
allowing a sexual performance by a child.

'Neglect' includes:

The 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 results 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; or

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; or

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,
meaning persons living together in the same
dwelling, without regard to whether they are
related to each other, and includes persons who
previously lived in the household;

A person with whom the child's parent cohabits;

School personnel or a volunteer at the child's
school; or

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.

'Born addicted to alcohol or a controlled
substance'
means a child:

Who is born to a mother who during the pregnancy
used a controlled substance, as defined by the Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol; and

Who, after birth as a result of the mother's use
of the controlled substance or alcohol
experiences observable withdrawal from the
alcohol or controlled substance; exhibits
observable or harmful effects in the child's
physical appearance or functioning; or exhibits
the demonstrable presence of alcohol or a
controlled substance in the child's bodily fluids.

Tex. Penal Code Ann. 43.01 (West 1997)

'Deviate sexual intercourse' means any contact between the genitals of one person and the mouth or anus of another person.

'Sexual contact' means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

'Sexual conduct' includes deviate sexual intercourse, sexual contact, and sexual intercourse.

'Sexual intercourse' means any penetration of the female sex organ by the male sex organ.

EXCEPTION

Tex. Fam. Code Ann. 261.001(1)(C) (West, WESTLAW through End of 2001 Reg. Sess.)

Abuse does not include an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk or harm.
Related Topics
Visitor Comments (1)
Adding your comments contributes to the adoption community. Please keep all comments on topic and civil. Visitors are invited to comment and vote for or flag comments based on appropriateness and helpfulness. All comments must adhere to our commenting rules and are subject to moderation.
kristy - 1 year ago
2 0 0
unfortunately texas cps takes children from their homes illegally, unlawfully without any thought. workers are fueled by the tremendous power their positions hold. over half of texas cps removals of children are done without justifiable causes. #1
Settings Help Feedback
Template Settings
Width: 1024     1280
Choose a Location:
Choose a Theme: