2023 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 261.105. Referral of Report by Department or Law Enforcement

Sec. 261.105.  REFERRAL OF REPORT BY DEPARTMENT OR LAW ENFORCEMENT.  (a)  All reports received by a local or state law enforcement agency that allege abuse or neglect by a person responsible for a child's care, custody, or welfare shall be referred immediately to the department.
(b)  The department shall immediately notify the appropriate state or local law enforcement agency of any report it receives, other than a report from a law enforcement agency, that concerns the suspected abuse or neglect of a child or death of a child from abuse or neglect.
(c)  In addition to notifying a law enforcement agency, if the report relates to a child in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to the agency for investigation.
(c-1)  Notwithstanding Subsections (b) and (c), if a report under this section relates to a child with an intellectual disability receiving services in a state supported living center as defined by Section 531.002, Health and Safety Code, or the ICF-IID component of the Rio Grande State Center, the department shall immediately notify the commission and the commission shall proceed with the investigation of the report as provided by Section 261.404. Notwithstanding Section 261.005, in this subsection, "commission" means the Health and Human Services Commission.
(d)  If the department initiates an investigation and determines that the abuse or neglect does not involve a person responsible for the child's care, custody, or welfare, the department shall refer the report to a law enforcement agency for further investigation.  If the department determines that the abuse or neglect involves an employee of a public or private elementary or secondary school, and that the child is a student at the school, the department shall orally notify the superintendent of the school district, the director of the open-enrollment charter school, or the chief executive officer of the private school in which the employee is employed about the investigation.
(e)  In cooperation with the department, the Texas Juvenile Justice Department by rule shall adopt guidelines for identifying a report made to the Texas Juvenile Justice Department under Section 261.103(b) that is appropriate to refer to the department or a law enforcement agency for investigation.  Guidelines adopted under this subsection must require the Texas Juvenile Justice Department to consider the severity and immediacy of the alleged abuse or neglect of the child victim.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 66, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1477, Sec. 25, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 374, Sec. 3, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 4, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.124, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 81, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1167 (S.B. 821), Sec. 4, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 987 (S.B. 1231), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 2, eff. September 1, 2023.