Tex. Fam. Code Section 261.108
Frivolous Claims Against Person Reporting

(a)

In this section:

(1)

“Claim” means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.

(2)

“Defendant” means a party against whom a claim is made.

(b)

A court shall award a defendant reasonable attorney’s fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:

(1)

the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106 (Immunities); and

(2)

the claim is dismissed or judgment is rendered for the defendant.

(c)

To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:

(1)

the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106 (Immunities); and

(2)

the defendant requests the court to award reasonable attorney’s fees and other expenses related to the defense of the claim.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Source: Section 261.108 — Frivolous Claims Against Person Reporting, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­108 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 261.108’s source at texas​.gov