Family Code · §261.109

CPS Reporting

CPS Reporting is covered under §261.109 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Knowing or reckless disregard of duty to report; Class A misdemeanor (default); Enhanced for repeat / serious cases per statute.

Elements you must prove

  • Knowing or reckless disregard of duty to report
  • Class A misdemeanor (default)
  • Enhanced for repeat / serious cases per statute

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Worked examples

Worked example 1

Failure to report suspected child abuse or neglect by a non-professional is what level of offense?

  1. Not an offense
  2. Class A misdemeanor (Class B in some configurations); Class A as default for non-professionals; Class A misdemeanor for professionals (with enhancement potential) Correct
  3. Felony
  4. Class C misdemeanor
Why: Failure to report knowing or with reckless disregard is generally a Class A misdemeanor. Penalty enhancement applies for ongoing patterns and certain serious-injury contexts.
Statute: Tex. Fam. Code §261.109