. . 

THEAITORNEYGENERAL 

OF TEXAS 

AUSTIN. TEXAS 78711 

Honorable Raymond W. Vowel1 

Commissioner 

Department of Public Welfare 

Austin, Texas 78701 

Dear Mr. Vowell: 

Opinion No. H-986 

Re: Extent of child abuse 

reporting statute. 

You have requested our opinion concerning the scope of 

Texas law regarding the reporting of child abuse. 

Section 34.01 of the Family Code provides: 

Any person 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 shall report in accordance with Section 34.02 of this code. 

Section 34.02 provides for reporting of abuse or neglect, the 

violation of compulsory school attendance laws, or absence 

from home. 

Your first group of questions are whether section 34.01 

requires the reporting of sexual abuse and of conduct sufficient for termination of parental rights under subsections 

15.02(1)(D) and (E). In this connection you ask whether the 

mandate of 34.01 is limited to serious injury or whether it 

includes emotional injury and failure to provide adequate 

food, clothing, and shelter. 

Section 34.01 provides for reporting when "a child's 

physical or mental health or welfare has been or may be adversely affected by abuse or neglect. . . ." This standard 

is not limited by any language requiring serious physical 

injury; rather, section 34.01 is broadly written to encompass 

any injuries which result from abuse or neglect. "Abuse" 

is generally defined as "improper use" or "maltreatment." 

Webster's Third New International Dictionary; 'City of 

Cincinnati v~. McIntosh, 251 N.E.2d 624 (Ct. App. Ohio 1969). 

p. 4100 
Honorable Raymond W. Vowel1 - page 2 (H-986) 

See Gulf, C. & S.F. Ry. v. Bates, 95 S.W. 738 (Tex. Civ. App. 

33-76, no writ]. Although the term "neglect" has no fixed 

meaning in this context, Pima %ounty Juvenile Action No. J-31853, 

501 P.2d 395 (Ariz. Ct. App. 1972); People v. Labrenz, 104 

N.E.2d 769 (Ill. 1952); State v. Munchmeyer, 197 S.E.2d 648 

(W. Va. 1973). it has been generally defined as the failure 

to perform the duty with which a parent is charged by law and 

by conscience. Eaglen v. State, 231 N.E.2d 147 (Ind. 1967); 

In re Vilas, 475 P.2d 615 (Okla. 1970): S.'K.'L. v. Smith, 480 

S.W.2d 119 (MO. Ct. App. 1972). Seem Mitc'hell v. Davis, 

205 S.W.2d 812 (Tex. Civ. App. --Dallas 1947, writ ref'd). 

It is clear that section 34.01 is not limited to serious 

physical injury; it requires the reporting of circumstances 

caused by abuse or neglect which may adversely affect the 

physical or mental health or welfare of a child. It is likewise clear that sexual abuse would adversely affect the physical or mental health or welfare of a child and is required 

to be reported. 

Section 15.02 provides for the termination of the parentchild relationship if it is in the best interest of the child 

and 

(1) the parent has: 

. . . . 

(D) knowingly placed or knowingly allowed 

the child to remain in conditions or 

surroundings which endanger the physical or emotional well-being of the 

child; or 

(E) engaged in conduct or knowingly placed 

the child with persons who engaged in 

conduct which endangers the physical 

or emotional well-being of the child: 

or 

(F) failed to support the child in accordance with his ability during a period 

of one year ending within six months 

of the date of the filing of the petition. . . . 

p. 4101 
. . 

Honorable Raymond W. Vowel1 - page 3 (H-986) 

Section 34.05(f) provides that upon receipt of the report 

and recommendation "the court may direct the investigator to 

file a petition seeking appropriate relief under Subtitle A 

II . . . . In our view this reference to Subtitle A, of which 

section 15.02 is a part, in conjunction ~with the similarity 

of the standards provided in section 15.02(1)(D) and (E) with 

those of section 34.01, indicates that conduct sufficient to 

terminate the parent-child relationship under sections 15.02(l) 

(D) and (E) is required to be reported under section 34.01. 

With regard to the failure to provide adequate food, 

clothing, and shelter for a child, section 15.02(F) is limited 

to failure to support "in accordance with [the parents'] ability during a period of one year. . . ." However, we do not believe the reporting requirement of section 34.01 is so limited. 

Subtitle A also provides for suits affecting the parentchild relationship "in which the appointment of a managing 

conservator or possessory conservator, access to or support 

of a child . . . is sought." Sec. 11.01(5). Section 11.11(a) 

authorizes the court to make "any temporary order for the 

safety and welfare of the child. . . ." Thus actions other 

than termination of the parent-child relationship may result 

from a report filed under section 34.01. Under section 12.04(3) 

a parent has the "duty to support the child, including providing the child with clothing, food, shelter, medical care, 

and education. . . ." A breach of this duty would constitute 

neglect which is required to be reported if the "child's physical or mental health or welfare has been or may be adversely 

affected" thereby. Sec. 34.01. 

You have also asked whether a regulation would be valid 

which provides that a parent or guardian legitimately practicing his religious beliefs who thereby does not provide 

specified medical treatment for a child would not for that 

reason alone be considered a negligent parent. You have explained that under this regulation your office would not seek 

a termination of the parent-child relationship on this basis 

but would be able to petition for orders providing for necessary medical treatment. We believe that such a regulation accurately reflects the provisions of the Family Code. Section 

15.02 does provide for the termination of the parent-child 

relationship upon this basis. However, the best interests 

of the child are protected by the power of the court to 

issue temporary orders and to provide for the proper care 

of the child in a suit affecting the parent-child relationship. Accordingly, in our opinion such a regulation would 

be valid. 

p. 4102 
Honorable Raymond-W. Vowel1 - page 4 (H-986) 

Your final question is whether only a parent or guardian 

is required to report under section 34.01. That section requires "any person" to make such 'reports and it is clear that 

its provisions are not limited to reports by parents and quardians; "[a]ny person 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 shall report. . . .', 

(Emphasis added]. - See Attorney General Opinion H-494 (1975). 

'S U M M A ,R Y 

Section 34.01 of the Family Code requires 

the reporting of sexual abuse, the failure 

to provide adequate food, clothing, and 

shelter, and any conduct sufficient for 

termination of the parent-child relationship under section 15.02(1](D) and (E). A 

regulation which would provide that terminations not be sought solely upon the basis 

of failure to provide medical care due to 

religious beliefs but that other orders for 

the welfare of the child may be sought upon 

this basis would be valid. Section 34.01 

requires any person having the information 

described therein to report. 

APPROVED: 

ttorney General of Texas 

Opinion Committee 

km1 

P. 4103