When You Suspect Child Abuse or Neglect:
A General Guide

We all have the responsibility to protect our children from harm. If you suspect the abuse or neglect of a child, it is your duty to report it immediately.

Anyone having cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect MUST report the case immediately to a state or local law enforcement agency or the Texas Department of Family and Protective Services (DFPS).

DFPS has a toll-free, 24-hour Family Violence Hotline: 1-800-252-5400

Your legal obligation

Current law (Texas Family Code, Chapter 261, 261.101) requires that professionals such as teachers, doctors, nurses, or child daycare workers must make a verbal report within 48 hours. Failure to report suspected child abuse or neglect is a misdemeanor punishable by imprisonment of up to 180 days and/or a fine of up to $2,000 (Texas Family Code, Chapter 261).

Reporting suspected child abuse to your principal, school counselor or superintendent will NOT satisfy your obligation under this law. Local school district policy cannot conflict with or supercede the state law requiring you to report child abuse to a law enforcement agency or DFPS.

Your legal Protection

Your report of child abuse or neglect is confidential and immune from civil or criminal liability as long as the report is made in "good faith" and "without malice."

In good faith means that the person making the report took reasonable steps to learn facts that were readily available and at hand. Without malice means that the person did not intend to injure or violate the rights of another person. Provided these two conditions are met, you will also be immune from liability if you are asked to participate in any judicial proceedings that might result from your report.

If you suspect abuse:

It is not up you to determine whether your suspicions are true. A trained investigator will evaluate the child's situation. Even if your report does not bring decisive action, it may help establish a pattern that will eventually be clear enough to help the child.

The following indications don't by themselves necessarily indicate abuse. You might talk to the child a little to see if there is a simple or innocent explanation for what you have observed.

Warning signs of abuse:

Suspect physical abuse when you see...

Suspect neglect when you see...

Suspect sexual abuse when you see...

A disclosure

If you are the first person the child tells about sexual abuse, your testimony as "outcry witness" may be especially important in future legal proceedings. What you say the child told you is not considered hearsay but is admissible evidence in a trial involving a sexual offense against a child. This exception applies only to the first person the child approaches.

You are responsible for your child's safety

If you permit your child to be in a situation where he or she may be injured, then you may be prosecuted for child abuse. The fact that the abuser is a parent or other family member does not remove your obligation to protect the child.

If you are frightened for your own safety or that of your child, call 911 or 1-800-252-5400.

You are legally responsible for the care of your child. You must provide your child with safe and adequate food, clothing, shelter, protection, medical care and supervision, or else you must arrange for someone else to provide these things. Failure to do so may be considered neglect.