Texas Family Code 261.410 – Report of Abuse by Other Children
(a) In this section:
(1) “Physical abuse” means:
(A) physical injury that results in substantial harm to the child requiring emergency medical treatment and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; or
(B) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.
(2) “Sexual abuse” means:
(A) sexual conduct harmful to a child’s mental, emotional, or physical welfare; or
(B) failure to make a reasonable effort to prevent sexual conduct harmful to a child.
(b) An agency that operates, licenses, certifies, or registers a facility shall require a residential child-care facility to report each incident of physical or sexual abuse committed by a child against another child.
Terms Used In Texas Family Code 261.410
- Allegation: something that someone says happened.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) Using information received under Subsection (b), the agency that operates, licenses, certifies, or registers a facility shall, subject to the availability of funds, compile a report that includes information:
(1) regarding the number of cases of physical and sexual abuse committed by a child against another child;
(2) identifying the residential child-care facility;
(3) regarding the date each allegation of abuse was made;
(4) regarding the date each investigation was started and concluded;
(5) regarding the findings and results of each investigation; and
(6) regarding the number of children involved in each incident investigated.