Family Code · §261.109

Failure to Report Child Abuse or Neglect

Failure to Report Child Abuse or Neglect (§261.109): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • A required reporter who knowingly fails to report commits a Class A misdemeanor (§261.109(a))
  • Raised to a state jail felony only in the listed facility/serious-bodily-injury case or when a professional intended to conceal the abuse or neglect (§261.109(b)–(c))

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Worked examples

Worked example 1

Failure to report suspected child abuse or neglect by a non-professional is what level of offense?

  1. Not an offense
  2. Class A misdemeanor (Class B in some configurations); Class A as default for non-professionals; Class A misdemeanor for professionals (with enhancement potential) Correct
  3. Felony
  4. Class C misdemeanor
Why: Failure to report knowing or with reckless disregard is generally a Class A misdemeanor. Penalty enhancement applies for ongoing patterns and certain serious-injury contexts.
Statute: Tex. Fam. Code §261.109