Family Code · §261.106

Immunity from Liability — Reporters

Immunity from Liability — Reporters is covered under §261.106 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "CPS Reporting" on practice exams.

To prove this offense, the State must establish each of the following elements: Good-faith report; Immune from civil liability; Immune from criminal liability; Bad-faith reporting unprotected.

Elements you must prove

  • Good-faith report
  • Immune from civil liability
  • Immune from criminal liability
  • Bad-faith reporting unprotected

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Worked examples

Worked example 1

Under §261.106, persons reporting child abuse / neglect in good faith are:

  1. Subject to civil liability if wrong
  2. Immune from civil and criminal liability arising from the report; the immunity is absolute against suit by the alleged abuser if the report was made in good faith Correct
  3. Liable only for criminal liability
  4. Allowed to recover attorney's fees but not immunity
Why: Good-faith reporters receive broad civil and criminal immunity. This protection is intended to encourage reporting; bad-faith reports are not protected.
Statute: Tex. Fam. Code §261.106

Statutory definitions for this topic

Reporter immunity Tex. Fam. Code §261.106
Persons reporting child abuse or neglect in good faith are immune from civil and criminal liability arising from the report. Bad-faith reports are not protected.