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 § 261.401 (2026)

Agency Investigation

✓ current as of May 2026
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Sec. 261.401. AGENCY INVESTIGATION.

(a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 14, and Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 32, eff. September 1, 2017.

(b) Except as provided by Section 261.404 of this code and former Section 531.02013(1)(D), Government Code, a state agency that operates, licenses, certifies, registers, or lists a facility in which children are located or provides oversight of a program that serves children shall make a prompt, thorough investigation of a report that a child has been or may be abused, neglected, or exploited in the facility or program. The primary purpose of the investigation shall be the protection of the child.

(c) A state agency shall adopt rules relating to the investigation and resolution of reports received as provided by this subchapter. The executive commissioner shall review and approve the rules of agencies other than the Texas Department of Criminal Justice or the Texas Juvenile Justice Department to ensure that those agencies implement appropriate standards for the conduct of investigations and that uniformity exists among agencies in the investigation and resolution of reports.

(d) The Texas School for the Blind and Visually Impaired and the Texas School for the Deaf shall adopt policies relating to the investigation and resolution of reports received as provided by this subchapter. The executive commissioner shall review and approve the policies to ensure that the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf adopt those policies in a manner consistent with the minimum standards adopted by the executive commissioner under Section 261.407.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 98, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 355, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 29, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 6, eff. June 11, 2009.

Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 18, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.143, eff. April 2, 2015.

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 10, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 32, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 5, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 14, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.07, eff. April 1, 2025.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2003–2022 · leading case: Dep't of Prot. & Regulatory Servs. v. Schutz, 101 S.W.3d 512 (Tex. App. 2003).
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Dep't of Prot. & Regulatory Servs. v. Schutz, 101 S.W.3d 512 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 261.401(b) (Vernon 2002) (emphasis added).”
Texas Dep't of Fam. & Prot. Servs. v. C. A. (Tex. App. 2018). · cites it 6× “1 Texas Family Code section 261.401 was amended effective September 1, 2017.”
R. P. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2017). · cites it 3× “See Tex. Fam. Code § 261.401. At the conclusion of its investigation, the Department staff issued an investigative report and determined that R.”
Texas Health & Human Servs. Comm'n v. Elliott Davis (Tex. App. 2022). “TEX. FAM. CODE ANN. § 261.401(a)(1), Act of May 31, 2017, 85th Leg.”
— Tex. Fam. Code § 261.401(a) — 1 case
Texas Dep't of Fam. & Prot. Servs. v. C. A. (Tex. App. 2018). “1 Texas Family Code section 261.401 was amended effective September 1, 2017.”
— Tex. Fam. Code § 261.401(a)(1) — 1 case
Texas Health & Human Servs. Comm'n v. Elliott Davis (Tex. App. 2022). “TEX. FAM. CODE ANN. § 261.401(a)(1), Act of May 31, 2017, 85th Leg.”
— Tex. Fam. Code § 261.401(a)(3) — 2 cases
R. P. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2017). “See Tex. Fam. Code § 261.401. At the conclusion of its investigation, the Department staff issued an investigative report and determined that R.”
Texas Dep't of Fam. & Prot. Servs. v. C. A. (Tex. App. 2018). “1 Texas Family Code section 261.401 was amended effective September 1, 2017.”
— Tex. Fam. Code § 261.401(b) — 1 case
Dep't of Prot. & Regulatory Servs. v. Schutz, 101 S.W.3d 512 (Tex. App. 2003). “” Tex. Fam.Code Ann. § 261.401(b) (Vernon 2002) (emphasis added).”
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