Family Code · §261.101

Mandatory CPS Reporting

Mandatory CPS Reporting (§261.101): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Any person with reasonable cause to believe (universal duty)
  • Child's physical or mental health/welfare
  • Adversely affected by abuse or neglect
  • Immediate report required

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Worked examples

Worked example 1

Under Tex. Fam. Code §261.101, who is required to report suspected child abuse or neglect?

  1. Only teachers
  2. ANY person having reasonable cause to believe a child's physical or mental health or welfare has been adversely affected by abuse or neglect must immediately make a report Correct
  3. Only doctors
  4. Only law enforcement
Why: Texas imposes a UNIVERSAL mandatory-reporting duty. Failure to report by a non-professional is a Class A misdemeanor; by a professional is a Class A misdemeanor with no requirement of professional judgment.
Statute: Tex. Fam. Code §261.101
Worked example 2

SCENARIO. While investigating a vehicle burglary at a residence, an officer observes a small child with severe diaper rash and bruising on the legs. The mother claims the child fell. What is the officer's duty?

  1. None; this is unrelated to the call
  2. Officer has independent duty to report under §261.101 (universal mandatory reporter); document observations, photograph if practical with appropriate authority, and notify DFPS — even though the original call is unrelated Correct
  3. Wait for DFPS to ask
  4. Arrest the mother immediately
Why: Mandatory reporting is universal — every person, including officers, must report suspected child abuse or neglect immediately. Officers commonly notify DFPS via the Texas Abuse Hotline (1-800-252-5400) or directly to a supervisor / detective who initiates a referral.
Statute: Tex. Fam. Code §261.101
Worked example 3

SCENARIO. A teacher reports observed bruising on a child during school day. Officer arrives, sees the child, and the child denies any injury. The teacher's photographs show clear bruising. Officer should:

  1. Drop the report
  2. Treat as mandatory-report scenario; document observations of teacher and any visible signs; report to DFPS via Texas Abuse Hotline; coordinate with detectives / DFPS for forensic interview at a children's advocacy center where appropriate Correct
  3. Interview the child for confession
  4. Wait until tomorrow
Why: Mandatory reporting applies regardless of child's denial. Children commonly recant or deny abuse out of fear/loyalty. Officers route through DFPS and proper forensic-interview channels (children's advocacy centers staffed for these interviews).
Statute: Tex. Fam. Code §261.101–261.103

Statutory definitions for this topic

Mandatory reporter (CPS) Tex. Fam. Code §261.101
Texas imposes universal mandatory reporting: any person who has reasonable cause to believe a child's physical or mental health or welfare has been adversely affected by abuse or neglect must immediately report. Failure is generally a Class A misdemeanor.