Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
Texas Codes

Tex. Fam. Code § 261.002 (2026)

Central Registry

✓ current as of May 2026
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Sec. 261.002. CENTRAL REGISTRY. (a) The department shall establish and maintain a central registry of the names of individuals found by the department to have abused or neglected a child.

(b) The executive commissioner shall adopt rules necessary to carry out this section. The rules shall:

(1) prohibit the department from making a finding of abuse or neglect against a person in a case in which the department is named managing conservator of a child who has a severe emotional disturbance only because the child's family is unable to obtain mental health services for the child;

(2) establish guidelines for reviewing the records in the registry and removing those records in which the department was named managing conservator of a child who has a severe emotional disturbance only because the child's family was unable to obtain mental health services for the child;

(3) require the department to remove a person's name from the central registry maintained under this section not later than the 10th business day after the date the department receives notice that a finding of abuse and neglect against the person is overturned in:

(A) an administrative review or an appeal of the review conducted under Section 261.309(c);

(B) a review or an appeal of the review conducted by the office of consumer affairs of the department; or

(C) a hearing or an appeal conducted by the State Office of Administrative Hearings; and

(4) require the department to update any relevant department files to reflect an overturned finding of abuse or neglect against a person not later than the 10th business day after the date the finding is overturned in a review, hearing, or appeal described by Subdivision (3).

(c) The department may enter into agreements with other states to allow for the exchange of reports of child abuse and neglect in other states' central registry systems. The department shall use information obtained under this subsection in performing the background checks required under Section 42.056, Human Resources Code. The department shall cooperate with federal agencies and shall provide information and reports of child abuse and neglect to the appropriate federal agency that maintains the national registry for child abuse and neglect, if a national registry exists.

(d) The department shall provide the Health and Human Services Commission with access to the central registry as necessary for the commission to perform its duties under Section 137.005, Human Resources Code.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.12, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.121, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 432 (S.B. 1889), Sec. 2, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 360 (H.B. 2849), Sec. 1, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 11, eff. September 1, 2023.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1999–2025 · leading case: Carrizales v. Texas Dep't of Prot. & Regulatory Servs., 5 S.W.3d 922 (Tex. App. 1999).
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Carrizales v. Texas Dep't of Prot. & Regulatory Servs., 5 S.W.3d 922 (Tex. App. 1999). “See Tex. Fam.Code Ann. § 261.002 (West 1996).”
Gates v. Texas Dep't of Fam. & Prot. Servs., 252 S.W.3d 90 (Tex. App. 2008). “See Tex. Fam.Code Ann. § 261.002 (West Supp.2007); 40 Tex.”
Texas Health & Human Servs. Comm'n v. Amy Bazan A/K/A Amy Fairbank (Tex. App. 2025). · cites it 4× “Tex. Fam. Code § 261.002. The regulatory functions related to childcare set forth in chapter 42 of the Texas Human Resources Code, including background checks, were transferred to HHSC effective September 1, 2017.”
Minnehan v. Dep't of Soc. Servs., 10 Mass. L. Rptr. 364 (Mass. Super. Ct. 1999). “§169 -C:35; Tex. Fam. Code Ann. §261.002 . Statutes in the majority of jurisdictions, however, typically identify specific entities that are allowed access to the central registry — including agencies with oversight of children and foster care and the adoption process, agencies…”
Texas Dep't of Fam. & Prot. Servs. v. C. A. (Tex. App. 2018). · cites it 2× “See Tex. Fam. Code §§ 261.002 (central registry), .”
Melissa Gates v. Texas Dep't of Fam. & Prot. Servs. & Anne Heiligenstein (Tex. App. 2013). · cites it 2× “See Tex. Fam. Code § 261.002(a) (requiring Department to “establish and maintain in Austin a central registry of reported cases of child abuse or neglect”); 40 Tex.”
R. P. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2017). “See Tex. Fam. Code § 261.002(a); 40 Tex. Admin.”
Texas Health & Human Servs. Comm'n v. Elliott Davis (Tex. App. 2022). “TEX. FAM. CODE ANN. § 261.002(a). If a person’s name is maintained on the central registry, it may be disclosed to third parties such as when a childcare provider runs a required background check regarding employment at its establishment.”
Gautreaux v. Masters (W.D. Tex. 2022). “Furthermore, the investigation of child abuse and neglect is 5 Under Texas Family Code §261.002(b)(3), the department is required to remove an individual from the registry if the “reason to believe” finding against them is overturned by: (1) an administrative review conducted…”
Texas Dep't of Fam. & Prot. Servs. v. Jennifer Barlow (Tex. App. 2007). “See Tex. Fam. Code Ann. § 261.002 (West 2002); 40 Tex.”
Texas Dep't of Fam. & Prot. Servs. v. Jennifer Barlow (Tex. App. 2007). “See Tex. Fam. Code Ann. § 261.002 (West 2002); 40 Tex.”
Melissa Gates v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2008). “See Tex. Fam. Code Ann. § 261.002 (West Supp.”
Show all 15 citing cases →
— Tex. Fam. Code § 261.002(a) — 5 cases
Texas Health & Human Servs. Comm'n v. Amy Bazan A/K/A Amy Fairbank (Tex. App. 2025). “Tex. Fam. Code § 261.002. The regulatory functions related to childcare set forth in chapter 42 of the Texas Human Resources Code, including background checks, were transferred to HHSC effective September 1, 2017.”
Melissa Gates v. Texas Dep't of Fam. & Prot. Servs. & Anne Heiligenstein (Tex. App. 2013). “See Tex. Fam. Code § 261.002(a) (requiring Department to “establish and maintain in Austin a central registry of reported cases of child abuse or neglect”); 40 Tex.”
R. P. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2017). “See Tex. Fam. Code § 261.002(a); 40 Tex. Admin.”
Texas Dep't of Fam. & Prot. Servs. v. C. A. (Tex. App. 2018). “See Tex. Fam. Code §§ 261.002 (central registry), .”
Texas Health & Human Servs. Comm'n v. Elliott Davis (Tex. App. 2022). “TEX. FAM. CODE ANN. § 261.002(a). If a person’s name is maintained on the central registry, it may be disclosed to third parties such as when a childcare provider runs a required background check regarding employment at its establishment.”
— Tex. Fam. Code § 261.002(b) — 1 case
Texas Health & Human Servs. Comm'n v. Amy Bazan A/K/A Amy Fairbank (Tex. App. 2025). “Tex. Fam. Code § 261.002. The regulatory functions related to childcare set forth in chapter 42 of the Texas Human Resources Code, including background checks, were transferred to HHSC effective September 1, 2017.”
— Tex. Fam. Code § 261.002(b)(3) — 1 case
Gautreaux v. Masters (W.D. Tex. 2022). “Furthermore, the investigation of child abuse and neglect is 5 Under Texas Family Code §261.002(b)(3), the department is required to remove an individual from the registry if the “reason to believe” finding against them is overturned by: (1) an administrative review conducted…”
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