reglab/housing_qa huggingface dataset:
TX Fam Code § 261.109 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter B. Report of Abuse or Neglect; Immunities|Section 261.109. Failure to Report; Penalty

Sec. 261.109.  FAILURE TO REPORT;  PENALTY.  (a)  A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter.(a-1)  A person who is a professional as defined by Section 261.101(b) commits an offense if the person is required to make a report under Section 261.101(b) and knowingly fails to make a report as provided in this chapter.(b)  An offense under Subsection (a) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.(c)  An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 5, eff. June 11, 2009.Acts 2013, 83rd Leg., R.S., Ch. 290 (H.B. 1205), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.126, eff. April 2, 2015.|
TX Fam Code § 261.111 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter B. Report of Abuse or Neglect; Immunities|Section 261.111. Refusal of Psychiatric or Psychological Treatment of Child

Sec. 261.111.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD.  (a)  In this section, "psychotropic medication" has the meaning assigned by Section 266.001.(b)  The refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, does not by itself constitute neglect of the child unless the refusal to consent:(1)  presents a substantial risk of death, disfigurement, or bodily injury to the child; or(2)  has resulted in an observable and material impairment to the growth, development, or functioning of the child.|Added by Acts 2003, 78th Leg., ch. 1008, Sec. 3, eff. June 20, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.127, eff. April 2, 2015.|
TX Fam Code § 261.202 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter C. Confidentiality and Privileged Communication|Section 261.202. Privileged Communication

Sec. 261.202.  PRIVILEGED COMMUNICATION.  In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 261.204 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter C. Confidentiality and Privileged Communication|Section 261.204. Annual Child Fatality Report

Sec. 261.204.  ANNUAL CHILD FATALITY REPORT.  (a)  Not later than March 1 of each year, the department shall publish an aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect.  The report must protect the identity of individuals involved and contain the following information:(1)  the age and sex of the child and the county in which the fatality occurred;(2)  whether the state was the managing conservator of the child or whether the child resided with the child's parent, managing conservator, guardian, or other person entitled to the possession of the child at the time of the fatality;(3)  the relationship to the child of the individual alleged to have abused or neglected the child, if any;(4)  the number of any department abuse or neglect investigations involving the child or the individual alleged to have abused or neglected the child during the two years preceding the date of the fatality and the results of the investigations;(5)  whether the department offered family-based safety services or conservatorship services to the child or family;(6)  the types of abuse and neglect alleged in the reported investigations, if any; and(7)  any trends identified in the investigations contained in the report.(b)  The report published under Subsection (a) must:(1)  accurately represent all abuse-related and neglect-related child fatalities in this state, including child fatalities investigated under Subchapter F, Chapter 264, and other child fatalities investigated by the department; and(2)  aggregate the fatalities by investigative findings and case disposition, including the following dispositions:(A)  abuse and neglect ruled out;(B)  unable to determine cause of death;(C)  reason to believe abuse or neglect occurred;(D)  reason to believe abuse or neglect contributed to child's death;(E)  unable to complete review; and(F)  administrative closure.(c)  The department may release additional information in the annual report if the release of the information is not prohibited by state or federal law.(d)  The department shall post the annual report on the department's Internet website and otherwise make the report available to the public.(e)  The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section.(f)  At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes.|Added by Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 2, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 1, eff. September 1, 2017.|
TX Fam Code § 261.3011 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3011. Joint Investigation Guidelines and Training

Sec. 261.3011.  JOINT INVESTIGATION GUIDELINES AND TRAINING.  (a)  The department shall, in consultation with the appropriate law enforcement agencies, develop guidelines and protocols for joint investigations by the department and the law enforcement agency under Section 261.301.  The guidelines and protocols must:(1)  clarify the respective roles of the department and law enforcement agency in conducting the investigation;(2)  require that mutual child protective services and law enforcement training and agreements be implemented by both entities to ensure the integrity and best outcomes of joint investigations; and(3)  incorporate the use of forensic methods in determining the occurrence of child abuse and neglect.(b)  The department shall collaborate with law enforcement agencies to provide to department investigators and law enforcement officers responsible for investigating reports of abuse and neglect joint training relating to methods to effectively conduct joint investigations under Section 261.301.  The training must include information on interviewing techniques, evidence gathering, and testifying in court for criminal investigations, as well as instruction on rights provided by the Fourth Amendment to the United States Constitution.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.17, eff. September 1, 2005.|
TX Fam Code § 261.3013 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3013. Case Closure Agreements Prohibited

Sec. 261.3013.  CASE CLOSURE AGREEMENTS PROHIBITED.  (a)  Except as provided by Subsection (b), on closing a case, the department may not enter into a written agreement with a child's parent or another adult with whom the child resides that requires the parent or other adult to take certain actions after the case is closed to ensure the child's safety.(b)  This section does not apply to an agreement that is entered into by a parent or other adult:(1)  following the removal of a child and that is subject to the approval of a court with continuing jurisdiction over the child;(2)  as a result of the person's participation in family group conferencing; or(3)  as part of a formal case closure plan agreed to by the person who will continue to care for a child as a result of a parental child safety placement.(c)  The department shall develop policies to guide caseworkers in the development of case closure agreements authorized under Subsections (b)(2) and (3).|Added by Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 1, eff. September 1, 2011.|
TX Fam Code § 261.3015 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3015. Alternative Response System

Sec. 261.3015.  ALTERNATIVE RESPONSE SYSTEM.  (a)  In assigning priorities and prescribing investigative procedures based on the severity and immediacy of the alleged harm to a child under Section 261.301(d), the department shall establish an alternative response system to allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse and neglect.(b)  Notwithstanding Section 261.301, the department may, in accordance with this section and department rules, conduct an alternative response to a report of abuse or neglect if the report does not:(1)  allege sexual abuse of a child;(2)  allege abuse or neglect that caused the death of a child; or(3)  indicate a risk of serious physical injury or immediate serious harm to a child.(c)  The department may administratively close a reported case of abuse or neglect without completing the investigation or alternative response and without providing services or making a referral to another entity for assistance if the department determines, after contacting a professional or other credible source, that the child's safety can be assured without further investigation, response, services, or assistance.(d)  In determining how to classify a reported case of abuse or neglect under the alternative response system, the child's safety is the primary concern.  The classification of a case may be changed as warranted by the circumstances.(e)  An alternative response to a report of abuse or neglect must include:(1)  a safety assessment of the child who is the subject of the report;(2)  an assessment of the child's family; and(3)  in collaboration with the child's family, identification of any necessary and appropriate service or support to reduce the risk of future harm to the child.(f)  An alternative response to a report of abuse or neglect may not include a formal determination of whether the alleged abuse or neglect occurred.(g)  The department may implement the alternative response in one or more of the department's administrative regions before implementing the system statewide.  The department shall study the results of the system in the regions where the system has been implemented in determining the method by which to implement the system statewide.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 71, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.19(a), eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 420 (S.B. 423), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.130, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.131, eff. April 2, 2015.|
TX Fam Code § 261.3016 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3016. Training of Personnel Receiving Reports of Abuse and Neglect

Sec. 261.3016.  TRAINING OF PERSONNEL RECEIVING REPORTS OF ABUSE AND NEGLECT.  The department shall develop, in cooperation with local law enforcement officials and the Commission on State Emergency Communications, a training program for department personnel who receive reports of abuse and neglect.  The training program must include information on:(1)  the proper methods of screening reports of abuse and neglect; and(2)  ways to determine the seriousness of a report, including determining whether a report alleges circumstances that could result in the death of or serious harm to a child or whether the report is less serious in nature.|Added by Acts 2005, 79th Leg., Ch. 54 (H.B. 801), Sec. 1, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.20, eff. September 1, 2005.|
TX Fam Code § 261.30171 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.30171. Forensic Assessment Center Network Evaluation

Sec. 261.30171.  FORENSIC ASSESSMENT CENTER NETWORK EVALUATION.  (a)  In this section, "network" means the Forensic Assessment Center Network.(b)  The department, with the assistance of the Supreme Court of Texas Children's Commission, shall:(1)  evaluate the department's use of the network;  and (2)  develop joint recommendations to improve:(A)  the evaluation of agreements between the department and the network; and(B)  the best practices for using assessments provided by the network in connection with abuse and neglect investigations conducted by the department.(c)  Not later than September 1, 2022, the department shall prepare and submit to the legislature a written report containing the department's findings and recommendations under Subsection (b) and any recommendations for legislative or other action.(d)  This section expires September 1, 2023.|Added by Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 261.30175 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.30175. Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Sec. 261.30175.  MITIGATION OF PROVIDER CONFLICTS IN ABUSE OR NEGLECT INVESTIGATION CONSULTATIONS.  (a)  In this section:(1)  "Forensic assessment" means a medical examination, psychosocial evaluation, medical case review, specialty evaluation, or other forensic evaluation service conducted by a physician under Section 261.3017 in connection with any investigation of a suspected case of abuse or neglect for the primary purpose of providing the department, law enforcement, or the court with expert advice, recommendations, or testimony on the case.(2)  "Health care practitioner" means an individual licensed, certified, or otherwise authorized to administer health care services in the ordinary course of business or professional practice.  The term includes a physician, medical student, resident physician, child abuse fellow, advanced practice registered nurse, nurse, and physician assistant.(3)  "Network" has the meaning assigned by Section 261.3017.(4)  "System" has the meaning assigned by Section 261.3017.(b)  A health care practitioner who reports suspected abuse or neglect of a child may not provide forensic assessment services in connection with an investigation resulting from the report.  This subsection applies regardless of whether the practitioner is a member of the network or system.(c)  When referring a case for forensic assessment, the department shall refer the case to a physician authorized to practice medicine in this state under Subtitle B, Title 3, Occupations Code, who was not involved with the report of suspected abuse or neglect.(d)  This section may not be construed to:(1)  prohibit the department from interviewing the health care practitioner in the practitioner's capacity as a principal or collateral source; or(2)  otherwise restrict the department's ability to conduct an investigation as provided by this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 3, eff. September 1, 2021.|
TX Fam Code § 261.3018 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3018. Abbreviated Investigation and Administrative Closure of Certain Cases

Sec. 261.3018.  ABBREVIATED INVESTIGATION AND ADMINISTRATIVE CLOSURE OF CERTAIN CASES.  (a)  A department caseworker may refer a reported case of child abuse or neglect to a department supervisor for abbreviated investigation or administrative closure at any time before the 60th day after the date the report is received if:(1)  there is no prior report of abuse or neglect of the child who is the subject of the report;(2)  the department has not received an additional report of abuse or neglect of the child following the initial report;(3)  after contacting a professional or other credible source, the caseworker determines that the child's safety can be assured without further investigation, response, services, or assistance; and(4)  the caseworker determines that no abuse or neglect occurred.(b)  A department supervisor shall review each reported case of child abuse or neglect that has remained open for more than 60 days and administratively close the case if:(1)  the supervisor determines that:(A)  the circumstances described by Subsections (a)(1)-(4) exist; and(B)  closing the case would not expose the child to an undue risk of harm; and(2)  the department director grants approval for the administrative closure of the case.(c)  A department supervisor may reassign a reported case of child abuse or neglect that does not qualify for abbreviated investigation or administrative closure under Subsection (a) or (b) to a different department caseworker if the supervisor determines that reassignment would allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse or neglect.(d)  The executive commissioner shall adopt rules necessary to implement this section.(e)  In this section, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children.  The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.|Added by Acts 2017, 85th Leg., R.S., Ch. 523 (S.B. 190), Sec. 1, eff. June 9, 2017.Redesignated from Family Code, Section 261.3017 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(14), eff. September 1, 2019.|
TX Fam Code § 261.3021 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3021. Casework Documentation and Management

Sec. 261.3021.  CASEWORK DOCUMENTATION AND MANAGEMENT.  Subject to the appropriation of money, the department shall  identify critical investigation actions that impact child safety and require department caseworkers to document those actions in a child's case file not later than the day after the action occurs.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 20, eff. September 1, 2015.|
TX Fam Code § 261.3023 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3023. Law Enforcement Response to Child Safety Check Alert

Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT.  If a law enforcement officer encounters a child or other person listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall follow the procedures described by Article 2.272, Code of Criminal Procedure.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 3, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1202 (S.B. 1406), Sec. 2, eff. September 1, 2015.Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.006, eff. September 1, 2017.|
TX Fam Code § 261.3024 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3024. Removal From Child Safety Check Alert List

Sec. 261.3024.  REMOVAL FROM CHILD SAFETY CHECK ALERT LIST.  (a)  A law enforcement officer who locates a child listed on the Texas Crime Information Center's child safety check alert list shall report that the child has been located in the manner prescribed by Article 2.272, Code of Criminal Procedure.(b)  If the department locates a child who has been placed on the child safety check alert list established under Section 261.3022 through a means other than information reported to the department by a law enforcement officer under Article 2.272, Code of Criminal Procedure, the department shall report to the Texas Crime Information Center that the child has been located.(c)  On receipt of notice that a child has been located, the Texas Crime Information Center shall remove the child and the child's family from the child safety check alert list.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 4, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1202 (S.B. 1406), Sec. 3, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.007, eff. September 1, 2017.|