Outrage has sparked in Texas after the state attorney general Ken Paxton said that providing gender-affirming medical care to minors is considered child abuse under state law. NBC News' Jo Yurcaba reports.
Report Child Abuse – It's the Law Texas law requires that any person suspecting that a child has been abused or neglected must immediately make a report. If there is an emergency, call 911 and then call the DFPS Texas Abuse Hotline at 1-800-252-5400. You can also make a report online External Link.
The attorney general for Texas has said giving transition care to minors is child abuse under the state's laws. Ken Paxton said that medical care such as puberty blockers, hormone therapy and gender-affirming surgeries "must be halted".
Texas has both civil and criminal laws to protect children from abuse and neglect. If you suspect that a child is being abused or neglected, the law requires that you report it. [Texas Family Code Section 261.101 (a)]
You may be subject to criminal charges if you suspect abuse or neglect and you knowingly fail to report it. You may be subject to civil and/or criminal liability if you knowingly file a false report (for example, telling DFPS the child has injuries when there clearly are none).
Typically, Texas Child Protective Services will obtain a court order to remove the child from home. However, CPS in Texas does have the legal authority to do so without a court order if the CPS investigator feels that the situation creates imminent danger to the child and immediate removal is necessary.
Anonymous callers are welcome, but they will not be given a call ID number. The identity of the reporter is confidential and is not revealed to anyone but law enforcement, unless disclosure is ordered by a court (Texas Family Code Section 261.201).
Definition of “Abuse” Under Texas Law Physical injury to a child that results in significant harm or the threat of significant harm. Emotional or mental harm to a child that results in observable and substantial damage to the child's development or psychological functioning.
Can social services take my child away without evidence? No, there must be evidence in support of the application from social services when they are asking the court to remove your child/ren from your home.
They may want to see if there is food in the house, proper sleeping conditions, and plenty of clothes. But, they're also looking for signs of health issues, drugs, weapons, and anything that might be used against you.
This includes physical abuse, sexual abuse, emotional maltreatment, and exposure to domestic violence. Neglect refers to situations in which a child's caregiver fails to provide adequate clothing, food or shelter, deliberately or otherwise.
The Texas Family Code states that CPS can investigate reports that a child has been or is being abused or neglected. Anyone can initiate the report (e.g., teachers, grandparents, neighbors, an ex-spouse, etc.), and because this can be done anonymously, you will likely not know who made the claim.
If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be ...
Do You Know About the 4 Types of Child Neglect?What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.
In most instances, being accused of making verbal threats can result in Class C misdemeanor charges. If convicted, the defendant could be ordered to pay up to $500 in fine. However, the charges could be bumped up, depending on the circumstances.
How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 – 90 days or longer, depending on what is needed.
If you need to report suspected abuse and/or neglect of a child; or abuse, neglect and/or exploitation of the elderly or an adult with a disability; or report a violation of standards at a child care facility or residential child care facility, contact the Texas Abuse Hotline at 1-800-252-5400 or www. txabusehotline.
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.