FAILURE TO REPORT AND FALSE REPORTING OF CHILD ABUSE AND NEGLECT IN TEXAS|TEXAS FAMILY CODE 261.107; 261.109


Failure to Report and False Reporting of Child Abuse and Neglect

Texas Family Code 261.109

Source: Child Welfare Information Gateway, Penalties for Failure to Report and False Reporting of Child Abuse and Neglect, https://www.childwelfare.gov

Texas

Failure to Report

Texas Family Code § 261.109
 
A person commits an offense if the person is required to make a report under § 261.101 and knowingly fails to make a report as required.  A person who is a professional as defined by § 261.101 commits an offense if the person is required to make a report and knowingly fails to make a report as provided in this chapter.  An offense by a person 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 medical assistance program for persons with intellectual disabilities 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.  An offense by a professional 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.

False Reporting

Texas Family Code § 261.107
 
A person commits an offense if, with the intent to deceive, he or she knowingly makes a report of child abuse or neglect that is false.  An offense under this subsection is:
A State jail felony
A felony of the third degree if the person has previously been convicted under this section
A person who is convicted of an offense under this section shall:
Pay any reasonable attorney’s fees incurred by the person who was falsely accused of abuse or neglect
Be liable to the State for a civil penalty of $1,000
 

Subchapter B. Ordinary Misdemeanor Punishments

Texas Family Code § 12.21. Class A Misdemeanor

 

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

But See the Actual Felony Charge Individuals Attempting to Cover-Up Child’s Good Faith or father’s private “play therapist” Kim Abernethy’s induced false allegations of sexual abuse by father and “The Visitor” without the “benefit” of effective or any counsel will get one threatened by complicit, “collaborative,” or “unified” stakeholder police officers and investigators:

 

Subchapter C. Ordinary Felony Punishments

§ 12.34. Third Degree Felony Punishment

 

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 12.33 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1,1974. Amended by Acts 1989, 71st Leg., ch. 785, § 4.01, eff. Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 25, § 7, eff. June 18, 1990; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 87, § 25.148, eff. Sept. 1, 2009.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
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4 Comments

  1. I think Family Court reform should include holding judges, Guardians, social workers, mediators (etc) accountable for actions that deprive a parent of their rights and harm or endanger children. Court officers should also be held to the same standards as the failure to report and false report laws. There should be no immunity for those who violate the law and abuse their power/position!

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  2. … and ABSOLUTELY no erroneously and in bad faith with actual profit, misprision, failure in Fiduciary obligation, malfeasance, criminal barratry evidenced and (falsely) alleged, thus null and void as a matter of law before “appearance”: “judicial ‘immunity’,” “quasi-judicial ‘immunity'”; “prosecutorial ‘immunity'”; “witness ‘immunity'”; “discretionary ‘immunity'”; associational “immunity,” bribery “immunity,” mulitple party hearsay “immunity;” no “abstention,” no “Rooker-Feldman” doctrine or judicially legislated error; no “or in the Alternative, ‘Younger’ ‘abstention'” doctrine, or alleged “domestic relations ‘exception,'” and no take-backs or “slug-bugs” release hatch!

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  3. Only unlike the Nuremburg Trials, there will be no deals, and no criminals will go free. There should be a totally transparent complaint system with clear standards to investigate, follow and respond to complaints. And there should also be rules mandating when court officers are to be suspended, if the seriousness of the complaint warrants it. And while I am it– there should be protection from retaliation, with pro bono legal services in place. And if found guilty, the court officer should be imposed a fine to offset the legal costs. Time for justice!

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