Tex. Fam. Code Section 261.204
Annual Child Fatality Report


(a)

Not later than March 1 of each year, the department shall publish an aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect. The report must protect the identity of individuals involved and contain the following information:

(1)

the age and sex of the child and the county in which the fatality occurred;

(2)

whether the state was the managing conservator of the child or whether the child resided with the child’s parent, managing conservator, guardian, or other person entitled to the possession of the child at the time of the fatality;

(3)

the relationship to the child of the individual alleged to have abused or neglected the child, if any;

(4)

the number of any department abuse or neglect investigations involving the child or the individual alleged to have abused or neglected the child during the two years preceding the date of the fatality and the results of the investigations;

(5)

whether the department offered family-based safety services or conservatorship services to the child or family;

(6)

the types of abuse and neglect alleged in the reported investigations, if any; and

(7)

any trends identified in the investigations contained in the report.

(b)

The report published under Subsection (a) must:

(1)

accurately represent all abuse-related and neglect-related child fatalities in this state, including child fatalities investigated under Subchapter F (Definitions), Chapter 264 (Child Welfare Services), and other child fatalities investigated by the department; and

(2)

aggregate the fatalities by investigative findings and case disposition, including the following dispositions:

(A)

abuse and neglect ruled out;

(B)

unable to determine cause of death;

(C)

reason to believe abuse or neglect occurred;

(D)

reason to believe abuse or neglect contributed to child’s death;

(E)

unable to complete review; and

(F)

administrative closure.

(c)

The department may release additional information in the annual report if the release of the information is not prohibited by state or federal law.

(d)

The department shall post the annual report on the department’s Internet website and otherwise make the report available to the public.

(e)

The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section.

(f)

At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes.
Added by Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 1, eff. September 1, 2017.

Source: Section 261.204 — Annual Child Fatality Report, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­204 (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

§ 261.204’s source at texas​.gov