Tex. Fam. Code Section 261.104
Contents of Report; Notice


(a)

The individual making a report shall identify, if known:

(1)

the name and address of the child;

(2)

the name and address of the person responsible for the care, custody, or welfare of the child;

(3)

the facts that caused the individual to believe the child has been abused or neglected and the source of the information;

(4)

the individual’s name and telephone number;

(5)

the individual’s:

(A)

home address; or

(B)

if the individual is a professional as defined by Section 261.101 (Persons Required to Report; Time to Report)(b), the individual’s business address and profession; and

(6)

any other pertinent information concerning the alleged or suspected abuse or neglect.

(b)

If the individual making a report of child abuse or neglect uses the toll-free telephone number the department operates for reporting child abuse or neglect and the individual is unwilling to provide the information described by Subsection (a)(4), the department representative receiving the report shall notify the individual that:

(1)

the department is not authorized to accept an anonymous report of abuse or neglect;

(2)

the individual may report the abuse or neglect by making a report to any local or state law enforcement agency; and

(3)

the identity of an individual making a report under this subchapter is confidential and may be disclosed only:

(A)

as provided by Section 261.201 (Confidentiality and Disclosure of Information); or

(B)

to a law enforcement officer for the purposes of conducting a criminal investigation of the report.

(c)

The department representative or other person receiving a report of child abuse or neglect shall use the person’s best efforts to obtain the information described by Subsection (a).

(d)

If a report of abuse or neglect is made orally, the department or local or state law enforcement agency receiving the report shall:

(1)

notify the individual making the report that:

(A)

the report is being recorded; and

(B)

making a false report is a criminal offense under Section 261.107 (False Report; Criminal Penalty; Civil Penalty) punishable as a state jail felony or a third degree felony; and

(2)

make an audio recording of the report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 90, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 1, eff. September 1, 2023.

Source: Section 261.104 — Contents of Report; Notice, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­104 (accessed Apr. 20, 2024).

261.001
Definitions
261.002
Central Registry
261.003
Application to Students in School for Deaf or School for Blind and Visually Impaired
261.004
Tracking of Recurrence of Child Abuse or Neglect Reports
261.005
Reference to Executive Commissioner or Commission
261.101
Persons Required to Report
261.102
Matters to Be Reported
261.103
Report Made to Appropriate Agency
261.104
Contents of Report
261.105
Referral of Report by Department or Law Enforcement
261.106
Immunities
261.107
False Report
261.108
Frivolous Claims Against Person Reporting
261.109
Failure to Report
261.110
Employer Retaliation Prohibited
261.111
Refusal of Psychiatric or Psychological Treatment of Child
261.201
Confidentiality and Disclosure of Information
261.202
Privileged Communication
261.203
Information Relating to Child Fatality
261.204
Annual Child Fatality Report
261.301
Investigation of Report
261.302
Conduct of Investigation
261.303
Interference with Investigation
261.304
Investigation of Anonymous Report
261.305
Access to Mental Health Records
261.306
Removal of Child from State
261.307
Information Relating to Investigation Procedure and Child Placement Resources
261.308
Submission of Investigation Report
261.309
Review of Department Investigations
261.310
Investigation Standards
261.311
Notice of Report
261.312
Review Teams
261.314
Testing
261.315
Removal of Certain Investigation Information from Records
261.316
Exemption from Fees for Medical Records
261.401
Agency Investigation
261.402
Investigative Reports
261.403
Complaints
261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers
261.405
Investigations in Juvenile Justice Programs and Facilities
261.406
Investigations in Schools
261.407
Minimum Standards
261.408
Information Collection
261.409
Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction
261.410
Report of Abuse by Other Children
261.501
Filing Application for Protective Order in Certain Cases of Abuse or Neglect
261.502
Certification of Findings
261.503
Temporary Ex Parte Order
261.504
Required Findings
261.505
Application of Other Law
261.1055
Notification of District Attorneys
261.3011
Joint Investigation Guidelines and Training
261.3013
Case Closure Agreements Prohibited
261.3015
Alternative Response System
261.3016
Training of Personnel Receiving Reports of Abuse and Neglect
261.3017
Consultation with Physician Networks and Systems Regarding Certain Medical Conditions
261.3018
Abbreviated Investigation and Administrative Closure of Certain Cases
261.3021
Casework Documentation and Management
261.3022
Child Safety Check Alert List
261.3023
Law Enforcement Response to Child Safety Check Alert
261.3024
Removal from Child Safety Check Alert List
261.3027
Notice of Right to Record Interview
261.3031
Failure to Cooperate with Investigation
261.3032
Interference with Investigation
261.3071
Informational Manuals
261.3081
Notice Regarding Changes Made by Department to Investigation Report
261.3091
Notice of Right to Request Administrative Review
261.3105
Training Program for Persons Investigating Suspected Child Abuse or Neglect
261.3125
Child Safety Specialists
261.3126
Colocation of Investigators
261.30175
Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Accessed:
Apr. 20, 2024

§ 261.104’s source at texas​.gov