Department of Family Protective Services Abuse and Neglect Reports: A Changing System

By Jack Frazee, J.D.

During the 88^th Regular Session, the Texas Legislature made changes to the state’s system of reporting suspected abuse and neglect of minors. The statutory change was motivated by concerns of false or retaliatory reports, reports based on inadequate information, and potentially wasted or inconclusive investigations by Child Protective Services (CPS).

To facilitate more thorough investigations and prevent abuse of the reporting system, the Texas Legislature changed the system to no longer allow anonymous reporting. Instead, the system now uses a privileged, confidential system.

Reporters of suspected abuse and neglect must now share additional information when filing a report with CPS. The report should include, 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 home address or, if the individual is a professional, the individual’s business address and profession, (6) as well as any other pertinent information concerning the alleged or suspected abuse or neglect.

The new confidentiality protections mean that reporter’s identity can only be disclosed under court order, administrative law judge order, or to a law enforcement officer for the purposes of conducting a criminal investigation of the report.

Professionals should keep in mind their duty to report suspected abuse or neglect within 48 hours of learning of the suspected abuse or neglect. Professionals receive anti-retaliation protections for making such reports to CPS. Professionals who experience retaliation from their employer for making such a report can seek legal counsel to discuss their rights.

The new system is intended to promote more thorough investigations of alleged abuse and neglect to better protect the minor while also preventing abuse of the reporting system.

Supporters of this new system argued anonymous reporting was too often used as a form of harassment that could harm families and minors by subjecting them to stressful investigations without law enforcement being able to interview the reporting individual to learn more about their knowledge of the alleged abuse or neglect.

Opponents of this change expressed concern about diminished reporting if witnesses of suspected abuse or neglect could not report their concerns anonymously.

Legislators attempted to strike a balance between these concerns by creating privileged confidentiality for those who report. The new law also permits individuals to make an anonymous report to 9-1-1 in the event of an emergency, however the law increased due process rights for parents accused of abuse or neglect.

Parents or legal custodians of minors who are accused of abuse or neglect are entitled to receive information regarding the identity of the DFPS representative on the case, a summary of the parents’ or custodians’ rights and the allegations, and a reasonable amount of time to read or review the summary provided. This process is intended to promote the due process rights of parents and custodians.

As these changes are implemented, TNA is open to members’ feedback about their experiences with the operationalization of this change in policy. Please do not hesitate to contact TNA with your thoughts and experiences under this new privileged, confidential reporting system.