Who Has To Report It
Fam. Code 261.101 — everyone reports immediately, and a professional within 24 hours
In Texas, a person who has reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report.
A professional reports within 24 hours, personally. A professional, someone licensed or certified by the state, or employed by a facility the state licenses, who has direct contact with children in the course of duties, reports not later than the 24th hour after first having reasonable cause to believe a child has been abused, and may not delegate the report to or rely on someone else.
- The duty applies without exception to people whose communications might otherwise be privileged, including attorneys, clergy, medical practitioners, social workers and mental health professionals.
- Knowingly failing to make a required report is a Class A misdemeanor, and a state jail felony in the circumstances the section lists, such as a professional who intended to conceal the abuse.
What counts as abuse or neglect, the immunity a good faith report carries, and the confidentiality of the reporter are set in other sections and are not reproduced here. In an emergency, the police come first. Whether a duty applied in a particular case is a question for a court and for a licensed Texas attorney.
Sources for this section (2)
- Fam. Code 261.101 — Persons required to report; time to report
- Fam. Code 261.109 — Failure to report; penalty
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.