Senate Bill 149 makes it a criminal
offense for persons not to report suspected child abuse.
Board Policy FFG (Legal) outlines the District’s requirements and procedures for reporting.
A person who has cause to believe that a
child’s physical or mental health or welfare has been or may be adversely
affected by abuse or neglect by any person shall make such reports as are
required by law. Family Code 261.101(a)
A person commits a class B misdemeanor if
he or she has cause to believe that a child’s physical or mental health or
welfare has been or may be adversely affected by abuse or neglect and
knowingly fails to report it as provided by law. Family Code 261.109
If a professional has cause to believe
that a child has been or may be abused or neglected or is a victim of
indecency with a child, as described in Penal Code section 21.11, that
person shall make a report as prescribed above not later than 48 hours after
the hour the person first suspects that the child has been or may be abused
or neglected or is a victim of indecency with a child, as described in Penal
Code section 21.11. Family Code 261.101(b)
The report shall contain the name and
address of the child, the name and address of the person responsible for the
care of child, if available, and any other pertinent information. Family
Code 261.104
These reports shall be directed to any of
the following:
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Any local or state law enforcement
agency;
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The Child Protective Services division
of the Texas Department of Protective and Regulatory Services.
A person who reports or assists in the
investigation of a report of child abuse or neglect, other than a person
reporting his or her own conduct or reporting in bad faith or with malice,
is immune from any civil or criminal liability that might otherwise be
incurred or imposed. Family Code 261.106
A teacher who suspects child abuse of any
nature, physical or mental, should also report this information to the
principal.
Usually, the principal will consult with
the school nurse before taking further action. The following action is then
recommended:
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The principal will call the Dallas
County Child Welfare Service and file a verbal report of the suspected
abuse.
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A written report
using the form Reporting Suspected Child Abuse provided by Health Services (SHS22) will
be made documenting the evidence in a non-accusatory manner., It must be
delivered to the Dallas County Child Welfare Service within five (5) days
of the oral report. A copy of the written report must be sent to the
Coordinator of Health Services, and a copy is to be retained in the
principal's office. This written statement should be signed by all
witnesses.
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The Irving Police Department Juvenile
Services Department may be called in cases where immediate action is
deemed advisable.
Nothing in this procedure is meant to
discourage the individual teacher from reporting directly to the Dallas
County Child Welfare Service if the teacher desires to do so. All reports
should be non-accusatory in nature.
The Family Code 261.106(a) states, ”A
person acting in good faith who reports or assists in the investigation of a
report of alleged child abuse or neglect or who testifies or otherwise
participates in a judicial proceeding arising from a report, petition, or
investigation of alleged child abuse or neglect is immune from civil or
criminal liability that might otherwise be incurred or imposed.
