I think my grandchild/neighbor/child's
friend is being abused. Do I have an obligation to report it even though I am
not sure it is occurring?
Yes! §261.101 of the Texas Family Code was enacted in 1999 and requires "a person
having cause to believe that a child's physical or mental health or welfare has
been adversely effected by abuse or neglect by any persons shall immediately make
a report as provided . . ." by law.
Today, even attorneys have to report their clients if they have "cause to believe"
they have committed abuse or neglect. §261.001 of the Texas Family Code defines
both abuse and neglect and both are far more broad than the stereo typical physical
injury to a child. The definitions include both acts and omissions which result
in physical, mental or emotional injury to a child in any way. Neglect includes
many things but also means leaving the child with adults in a situation where
the child would be exposed to a substantial risk of physical or mental harm. The
proper response is to call a local police department and report the case. Another
statute makes the reporting person a confidential informant to a law enforcement
agency and the information on the reporting person is not available through the
Public Information Act. If you feel strongly enough to inquire, you should report
it. Also, report it repetitively if police or Child Protective Services do not
act adequately. They are overworked agencies who sometimes mistake their priorities.
However, don't file a false child abuse report against a spouse whom you are in
a dispute with. The court can consider that as one of the reasons for assigning
conservatorship.