Texas Codes

Tex. Fam. Code § 261.106 (2026)

Immunities

✓ current as of May 2026
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Sec. 261.106. IMMUNITIES. (a) A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed.

(b) Immunity from civil and criminal liability extends to an authorized volunteer of the department or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities.

(c) A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 91, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 32 cases (5 in the last 5 years), 1997–2025 · leading case: Jesus Miranda v. Stephen Byles, 390 S.W.3d 543 (Tex. App. 2012).
Jesus Miranda v. Stephen Byles, 390 S.W.3d 543 (Tex. App. 2012). · cites it 20× “TEX. FAM. CODE ANN. § 261.106 (Vernon 2008).”
Rodriguez v. State, 47 S.W.3d 86 (Tex. App. 2001). · cites it 4× “Appellant, Sandra Rodriguez, also filed a plea for immunity contending she was entitled to immunity under Texas Family Code section 261.106. The trial court denied the motions and, pursuant to a plea bargain agreement with the State, appellants pled nolo contendere and were…”
B.K. v. Cox, 116 S.W.3d 351 (Tex. App. 2003). · cites it 4× “See Tex. Fam Code § 261.106. We disagree. Section 261.”
Larry Medlin Scroggs v. State, 396 S.W.3d 1 (Tex. App. 2010). · cites it 3× “According to appellants, Texas Family Code § 261.106 6 grants them immunity from the conduct giving rise to the indicted offenses because they were reporting and assisting in the investigation of a report of alleged child abuse or neglect.”
Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005). “§ 7B-309 (1999) (affording immunity to anyone who “cooperates with the county department of social services in a protective services inquiry or investigation”); Tex. Fam.Code Ann. § 261.106(a) (1995) (providing immunity to a person acting in good faith who “assists in the *290…”
Thapar v. Zezulka, 994 S.W.2d 635 (Tex. 1999). “See Tex. Fam.Code § 261.106. 28 . See § 5, 1979 Tex.”
In re Mayorga, 538 S.W.3d 174 (Tex. App. 2017). · cites it 2× “See TEX.FAM.CODE ANN. § 261.106 (West 2014). Subsection (a) provides: A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a…”
State v. Harrod, 81 S.W.3d 904 (Tex. App. 2002). · cites it 2× “Tex. Fam.Code Ann. § 261.106(a) (Vernon 1996).”
Blum v. Julian, 977 S.W.2d 819 (Tex. App. 1998). “Laws 3888, 3923 (current version at Tex.Fam.Code Ann. § 261.106 (Vernon 1996)).”
Laub v. Pesikoff, 979 S.W.2d 686 (Tex. App. 1998). “TexFam.Code Ann. § 261.106 (Vernon 1996) (granting statutory immunity to those who testify in child abuse cases); Tex.”
Ripstra v. State, 514 S.W.3d 305 (Tex. App. 2016). “Tex. Fam. Code § 261.106(a). Defense counsel argued that Donaruma would not be immune from liability under section 261.”
Smith v. Sneed, 938 S.W.2d 181 (Tex. App. 1997). “See Tex. Fam.Code Ann. § 261.106(a)-(c) (West 1996).”
— Tex. Fam. Code § 261.106(a) — 15 cases
Jesus Miranda v. Stephen Byles, 390 S.W.3d 543 (Tex. App. 2012). “TEX. FAM. CODE ANN. § 261.106 (Vernon 2008).”
Rodriguez v. State, 47 S.W.3d 86 (Tex. App. 2001). “Appellant, Sandra Rodriguez, also filed a plea for immunity contending she was entitled to immunity under Texas Family Code section 261.106. The trial court denied the motions and, pursuant to a plea bargain agreement with the State, appellants pled nolo contendere and were…”
Draper v. Westerfield, 181 S.W.3d 283 (Tenn. 2005). “§ 7B-309 (1999) (affording immunity to anyone who “cooperates with the county department of social services in a protective services inquiry or investigation”); Tex. Fam.Code Ann. § 261.106(a) (1995) (providing immunity to a person acting in good faith who “assists in the *290…”
State v. Harrod, 81 S.W.3d 904 (Tex. App. 2002). “Tex. Fam.Code Ann. § 261.106(a) (Vernon 1996).”
Ripstra v. State, 514 S.W.3d 305 (Tex. App. 2016). “Tex. Fam. Code § 261.106(a). Defense counsel argued that Donaruma would not be immune from liability under section 261.”
— Tex. Fam. Code § 261.106(b) — 1 case
B.K. v. Cox, 116 S.W.3d 351 (Tex. App. 2003). “See Tex. Fam Code § 261.106. We disagree. Section 261.”
— Tex. Fam. Code § 261.106(c) — 2 cases
Jesus Miranda v. Stephen Byles, 390 S.W.3d 543 (Tex. App. 2012). “TEX. FAM. CODE ANN. § 261.106 (Vernon 2008).”
Jesus Miranda v. Stephen Byles (Tex. App. 2012).
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