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 § 261.109 (2026)

Failure To Report; Penalty

✓ current as of May 2026
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Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter.

(a-1) A person who is a professional as defined by Section 261.101(b) commits an offense if the person is required to make a report under Section 261.101(b) and knowingly fails to make a report as provided in this chapter.

(b) An offense under Subsection (a) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.

(c) An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 5, eff. June 11, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 290 (H.B. 1205), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.126, eff. April 2, 2015.

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1996–2026 · leading case: White v. State, 50 S.W.3d 31 (Tex. App. 2001).
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White v. State, 50 S.W.3d 31 (Tex. App. 2001). · cites it 9× “See Tex.Fam.Code Ann. § 261.109 (Vernon 1996).”
Perry v. S.N., 973 S.W.2d 301 (Tex. 1998). · cites it 5× “Tex. Fam.Code § 261.109(a). Plaintiffs also asserted gross negligence and common law negligence claims.”
Hughes v. State, 4 S.W.3d 1 (Tex. Crim. App. 1999). · cites it 4× “See Texas Family Code § 261.109. [3] The wife's statements indicated that appellant's abuse of the child had been continuing and that the abuse occurred multiple times after appellant promised his wife that he would stop.”
Rodriguez v. State, 47 S.W.3d 86 (Tex. App. 2001). · cites it 4× “Prior to trial, appellants filed a motion to quash their informations, contending the statute was facially unconstitutional because the term "immediately" was unconstitutionally vague.”
State Farm Lloyds v. C.M.W., 53 S.W.3d 877 (Tex. App. 2001). · cites it 2× “” Tex. Fam.Code Ann. § 261.109 (Vernon 1996).”
Golden Spread Council, Inc. 562 of the Boy Scouts of Am. v. Akins, 926 S.W.2d 287 (Tex. 1996). · cites it 2× “A person who has cause to believe that a child may be subject to abuse or neglect and knowingly fails to report the situation to an appropriate authority commits a criminal offense, a class B misdemeanor.”
Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018). “Code §§ 521.457(f)(1), 545.420(e)(1), (f), 547.”
Ed Rachal Found. v. D'UNGER, 207 S.W.3d 330 (Tex. 2006). “Like the various whistleblower statutes, specific criminal statutes requiring certain crimes to be reported would be unnecessary if every failure to report a crime were itself a crime.”
Doe v. S & S Consol. I.S.D., 149 F. Supp. 2d 274 (E.D. Tex. 2001). · cites it 2× “” Tex. Fam.Code § 261.109 (Vernon 1996). Section 261.”
Thapar v. Zezulka, 994 S.W.2d 635 (Tex. 1999). “See Tex. Fam.Code § 261.109. 27 . See Tex. Fam.”
Morris v. Dearborne, 181 F.3d 657 (5th Cir. 1999). “101-102, and criminalize failure to report, Tex. Fam.Code § 261.109, are in-apposite to the Plaintiffs’ amply supported allegations of false reporting.”
Cernosek Enter., Inc. v. City of Mont Belvieu, 338 S.W.3d 655 (Tex. App. 2011). “2d at 302-04 ; see Tex. Fam.Code Ann. § 261.109(a) (West Supp.”
Show all 26 citing cases →
— Tex. Fam. Code § 261.109(a) — 10 cases
White v. State, 50 S.W.3d 31 (Tex. App. 2001). “See Tex.Fam.Code Ann. § 261.109 (Vernon 1996).”
Perry v. S.N., 973 S.W.2d 301 (Tex. 1998). “Tex. Fam.Code § 261.109(a). Plaintiffs also asserted gross negligence and common law negligence claims.”
Hughes v. State, 4 S.W.3d 1 (Tex. Crim. App. 1999). “See Texas Family Code § 261.109. [3] The wife's statements indicated that appellant's abuse of the child had been continuing and that the abuse occurred multiple times after appellant promised his wife that he would stop.”
Rodriguez v. State, 47 S.W.3d 86 (Tex. App. 2001). “Prior to trial, appellants filed a motion to quash their informations, contending the statute was facially unconstitutional because the term "immediately" was unconstitutionally vague.”
Cernosek Enter., Inc. v. City of Mont Belvieu, 338 S.W.3d 655 (Tex. App. 2011). “2d at 302-04 ; see Tex. Fam.Code Ann. § 261.109(a) (West Supp.”
— Tex. Fam. Code § 261.109(b) — 3 cases
Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018). “Code §§ 521.457(f)(1), 545.420(e)(1), (f), 547.”
Perry v. S.N., 973 S.W.2d 301 (Tex. 1998). “Tex. Fam.Code § 261.109(a). Plaintiffs also asserted gross negligence and common law negligence claims.”
Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court (Tex. App. 2015).
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