In Texas, failure to report child abuse is a serious crime. It’s a Class A Misdemeanor, punishable by imprisonment of up to one year and/or a fine of up to $4,000.¹
If you live in Texas and are aware that a child is being abused, report it immediately. If you report in good faith, you’ll be immune from civil or criminal liability, so there’s no reason to hold off. More on that in a moment.
But first, let's get our definitions in order.
What is “Failure to Report” under Texas law?
Under Section 261.109 of the Texas Family Code, the definition of “failure to report” applies to any adult who knowingly declines to contact either the police or the Texas Department of Family and Protective Services (DFPS).
What is child abuse?
The full definition is covered in Section 261.001. But briefly, child abuse includes:
- mental or emotional injury to a child,
- causing the child to be in a situation in which they are injured (or at risk of injury), or
- sexual conduct harmful to a child's mental, emotional, or physical welfare
Who must report?
Legally, everyone is required to report abuse.
The Texas Department of Family and Protective Services (DFPS) is clear: “Any person suspecting that a child has been abused or neglected must immediately make a report.”²
A mandated reporter must report within 48 hours.
Mandatory reporters are people who have contact with children as part of their work for a state-licensed facility, including individuals in the following positions:
- Teachers
- Nurses
- Doctors
- Day-care Employees
These people must report the child abuse within 48 hours. What happens if they don’t? The punishment is the same: A Class A Misdemeanor, but note that mandatory reporters are more likely to be prosecuted.
Is failure to report child abuse ever a felony?
Yes, sometimes it is. While it’s usually a misdemeanor, failure to report can be upgraded to a felony.
As the Texas Family Code states, the crime becomes a felony if:
“The child was a person with an intellectual disability who resided in a state-supported living center…and the actor knew that the child had suffered serious bodily injury as a result of the abuse,” or, “the actor intended to conceal the abuse.”¹
All the more reason to be upfront and report as soon as possible.
There are two ways to report child abuse in Texas.
You can report by phone via the DFPS Texas Abuse Hotline at 1-800-252-5400. It’s toll-free and available 24/7. You can also file a report online, and you don’t need to be in Texas to report.
Good faith counts.
Texas law protects people who report in good faith. If you honestly believe abuse is happening and report it, you’re immune from civil or criminal liability.¹
So, don’t let concern for being sued prevent you from making a report.
You can’t report anonymously.
As of September 1, 2023, DFPS no longer accepts anonymous reports.²
If you file a report, you’ll have to include your full name and a phone number. The law is the same whether or not you’re a mandatory reporter.
But don’t let that stop you from reporting.
Remember, the law protects you from liability if you report in good faith. And know that if you report, your name will be kept confidential. That’s the law.²
Some cases are handled by Texas Health and Human Services.
Most child abuse reports are steered by DFPS, but Texas Health and Human Services (HHS) deals with cases, too. Generally, HHS investigates when a child lives in a state facility, such as state-run schools, hospitals, or residential programs.
Usually, individuals don’t make a report directly to HHS. If you’re not sure where to go, you can still call the DFPS Texas Abuse Hotline or file an online report; they’ll route it to the appropriate place.
You can go to jail for filing a false report.
I can’t stress this enough: If you report child abuse, be completely honest.
Anyone who knowingly makes a false report risks a state jail felony,³ which is punishable by 6 months to 2 years in prison. There’s also an additional civil penalty of $1,000.
Here’s the final takeaway: If you suspect child abuse, don’t hesitate to report.
Time matters, both for protecting children and yourself. Call or file an online report as soon as possible.
If you’re facing a failure to report charge, contact Gold Legal.
At Gold Legal, PLLC, we work hard to help the accused avoid criminal charges.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
References
- Texas Legislature. Texas Family Code. §261, Failure to report; penalty. Austin (TX): Texas Legislature; 2025. Available from: https://texas.public.law/statutes/tex._fam._code_section_261.109
- Texas Department of Family and Protective Services (DFPS). Report Abuse, Neglect, or Exploitation. Austin (TX): DFPS. Available from: https://www.dfps.texas.gov/contact_us/report_abuse.asp
- Texas Legislature. Texas Penal Code. §12.35, State jail felony. Austin (TX): Texas Legislature; 2025. Available from: https://texas.public.law/statutes/tex._penal_code_section_12.35
