Family Code · §261.101

Mandatory CPS Reporting

Mandatory CPS Reporting is covered under §261.101 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: ANY person with cause to believe (universal duty); Child's physical or mental health/welfare; Adversely affected by abuse or neglect; Immediate report required.

Elements you must prove

  • ANY person with cause to believe (universal duty)
  • Child's physical or mental health/welfare
  • Adversely affected by abuse or neglect
  • Immediate report required

Practice 3 questions on this topic

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Worked examples

Worked example 1

Under Tex. Fam. Code §261.101, who is required to report suspected child abuse or neglect?

  1. Only teachers
  2. ANY person having cause to believe a child's physical or mental health or welfare has been adversely affected by abuse or neglect must immediately make a report Correct
  3. Only doctors
  4. Only law enforcement
Why: Texas imposes a UNIVERSAL mandatory-reporting duty. Failure to report by a non-professional is a Class A misdemeanor; by a professional is a Class A misdemeanor with no requirement of professional judgment.
Statute: Tex. Fam. Code §261.101
Worked example 2

SCENARIO. While investigating a vehicle burglary at a residence, an officer observes a small child with severe diaper rash and bruising on the legs. The mother claims the child fell. What is the officer's duty?

  1. None; this is unrelated to the call
  2. Officer has independent duty to report under §261.101 (universal mandatory reporter); document observations, photograph if practical with appropriate authority, and notify DFPS — even though the original call is unrelated Correct
  3. Wait for DFPS to ask
  4. Arrest the mother immediately
Why: Mandatory reporting is universal — every person, including officers, must report suspected child abuse or neglect immediately. Officers commonly notify DFPS via the Texas Abuse Hotline (1-800-252-5400) or directly to a supervisor / detective who initiates a referral.
Statute: Tex. Fam. Code §261.101
Worked example 3

SCENARIO. A teacher reports observed bruising on a child during school day. Officer arrives, sees the child, and the child denies any injury. The teacher's photographs show clear bruising. Officer should:

  1. Drop the report
  2. Treat as mandatory-report scenario; document observations of teacher and any visible signs; report to DFPS via Texas Abuse Hotline; coordinate with detectives / DFPS for forensic interview at a children's advocacy center where appropriate Correct
  3. Interview the child for confession
  4. Wait until tomorrow
Why: Mandatory reporting applies regardless of child's denial. Children commonly recant or deny abuse out of fear/loyalty. Officers route through DFPS and proper forensic-interview channels (children's advocacy centers staffed for these interviews).
Statute: Tex. Fam. Code §261.101–261.103

Statutory definitions for this topic

Mandatory reporter (CPS) Tex. Fam. Code §261.101
Texas imposes universal mandatory reporting: any person who has cause to believe a child's physical or mental health or welfare has been adversely affected by abuse or neglect must immediately report. Failure is generally a Class A misdemeanor.