According to the Law on the Books in Family Code Title 5 Chapter 261.001 Investigation of Report Of Child Abuse Or Neglect in Texas aims solely to protect children. The Investigation of Report of Child Abuse or Neglect defines the law as a form of abuse that includes the following acts or omissions by a person including letters Though, part of that enforcement involves government actors as key parties in enforcing the law. For example, the Texas Department of Family and Protective Services (DFPS) is the agency responsible for the enforcement of the care, custody, or welfare of the child or guardian (DFPS). Child Protective Services (CPS), is a division part of conducting investigations of alleged abuse or neglect by caregivers or household members (DFPS).
Furthermore, A through M are subpoints which specify what constitutes of abuse in order to protect children. For instance, point A defines in detail how mental or emotional injury to a child results in an observable impairment in the child’s growth, development, or psychological functioning (Steviebone). Thus, demonstrating how each point following A specifies what constitutes abuse. The law includes the Department of Protective Services which is a key party into enforcing the law and protecting children. As well as exploitation meaning illegal or improper use of a child or of the resources of a child such as money, personal benefit, profit, or gain by employment, volunteering, or other individual working under personal benefit, profit, or gain by an employee, volunteer or other individual working under a faculty or program described as a rule or policy. As well as neglect which includes points A through B and their sub-points which define in detail what pertains to neglect within Texas Law (Steviebone). For example, one of the points specifies leaving a child in a situation where they would be exposed to a substantial risk of physical or mental harm, without arranging necessary care for the child.
Furthermore, Texas Law emphasizes its intention by specifying reporting protocols in order to establish how this law aims to regulate its intent. The regulations include the public reporting 48 hours of knowledge of the abuse, and if the report is in good faith you are immune from civil or criminal liability. Though, false reports will result in a charge of a misdemeanor.
The law aims for the public who encounter situations breaking the law to look for certain signs if you suspect child abuse. The signs include: injuries with no explanation, injuries inflicted from many different directions, wounds that appear that the child was trying to protect itself, frequent and recurring injuries, an unusual pattern of a bruise like a shape of a hand, burns that appear with a clear imprint like branding, and emotional injuries that may be displayed that a child is scared of returning home. The following guidelines are in place and demonstrate as much content as possible to accomplish the intent of the law and regulate child abuse.
The history on this law demonstrates Child maltreatment was recognized as a growing social concern during the 1960s. The development of federal legislation became a prime subject due to Henry Kempe who made an acknowledgment of this issue of child abuse and neglect by highlighting The Battery Child Syndrome which created a pathway for laws and policies to recognize child maltreatment in early times. Though Kempe used his research to allow physicians to recognize this issue along with creating multidisciplinary team programs, reporting laws, and home visitations to prevent child abuse (Bross, Mathews, p. 39). During the 79th session of the Texas Legislature is when this law was brought forth by the power of an associate judge (Sampson, Wynne p.12-13). Though, this Chapter 261. Investigation of Report of the Child Abuse and Neglect, later on, became amended by Senate Bill Six which sets out requirements for a various number of reforms to the child protective services and adult protective services programs, certain related guardianship issues, and other family law matters (Senate Bill Six of 2005).
The implementation of the Law in the Books demonstrates Henry Kempe’s findings on the abuse and neglect of children lead to advancement through implemented policy overtime. In 1963 physicians were the only ones mandated to report the abuse. Though, in 2005, Governor Perry of Texas along with Child Protective Services (CPS) were strong proponents for legislators to focus on this law which lead to decrease worker caseloads, strengthen ties between CPS and law enforcement, and provide protection for other children (History of LWVTX Action on Child Abuse and Neglect). This statute was passed by the Texas Legislature consisting of the Texas House and Senate. Though, once the legislature passes the bill it is now up to the Governor of Texas to review it. This is key information because it demonstrates the number of power politicians holds. In this case, Governor Perry passed and signed this law allowing for Child Protective Services to receive an increase of 12% in funding at federal and state levels (History of LWVTX Action on Child Abuse and Neglect). Therefore, demonstrating that with this statute in place and the partnerships established with other facilities such as law enforcement as stated in Code 261.301 cases and numbers of the Department of Protective Services should be decreasing for the state of Texas.
According to the Law in Action in Family Code Title 5 Chapter 261.001 Investigation of Report Of Child Abuse Or Neglect in Texas aims solely to protect children by creating a standard protocol. The procedure taken to enforce the standard protocol is the criminal liability that comes with not reporting suspected child abuse and neglect (Texas Family Code, Section 261.109). Based on the previous history of the 261.001 statute and the findings of researchers such as Kempe made on child abuse for many states including Texas, this helped set a foundation for legislative action in the implementation of this statute (Bross, Mathews, p. 39). Though, in 2005, Governor Perry of Texas along with Child Protective Services (CPS) were strong proponents for legislators to focus on this law which lead to decrease worker caseloads, strengthen ties between CPS and law enforcement, and provide protection for other children (History of LWVTX Action on Child Abuse and Neglect) and allows perspect on how the law in action comes about. There is no known knowledge of how the writers intended to implement it. Though, through strong proponents such as Child Protective Services and Governor Perry is how legislation action affected the implementation of the law.
Additionally, this statute demonstrates the several government actors involved in the enforcement of Family Code Title 5 Chapter 261.001 Investigation of Report Of Child Abuse Or Neglect in Texas. Several government actors demonstrate the pattern of enforcement for this statute. According to the journal Mississippi Voices for Children & Youth, the study allowed for an investigation of the joint cases between law enforcement and CPS agencies where surveys along with case-studies were conducted in seven counties including Texas (Shepard, Zangrillo, 1996). Therefore, these survey findings and case studies were used to develop a three model joint investigation program including: “model based on existing agency personnel and resources; model offering a multidisciplinary interview center to facilitate victim interviews; and model using a comprehensive child advocacy center for more effective joint investigations” (Shepard, Zangrillo, 1996). These findings demonstrate that this statute has government actors working collectively together in order to achieve the enforcement of the report of child abuse and neglect.
In regards to the statute 261.001 Investigation of Report Of Child Abuse Or Neglect in Texas the enforcement of this statute has not been biased or selective because when suspecting child abuse or neglect these agencies have to respond and investigate collectively. Though, failure to not make a report while there are suspicions is a criminal offense (Texas Family Code, Section 261.109). This demonstrates how not only have these multiple agencies participated collectively in the various areas of handling of this statute but also the consequences created allowing law enforcement to regulate once this statute is not followed.
Furthermore, it is important to take into consideration the drawbacks that can arise with the confusion of who has authority in these joint investigations. According to Jessica Dixon Weave in The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents (p.449). This case is relevant because it demonstrates the confusion that exists within the law, but does not relate to its implementation.
Therefore, the case was treated as a class-action removal that could have been key for children at risk but also highlights how the statute Chapter 261.001 Investigation of Report Of Child Abuse Or Neglect and how what occurs can confuse those which are in doubt of making the actual calls. Thus, allows to bring into question the reform previously done of jointing multiple government agencies and if when cases do arise they should be treated as joint investigations. In order to bring less confusion for the public one government actor should come into the case and investigate first in order to prevent events such as the Texas misstep case. Though, some may argue that is the law of the law enforcement. I believe that there should be a certain protocol in place before involving more government agencies and confusing not only the public but the individuals affected. Once the following is in place for the public to rely on, it will make it easier for reporting to continue to occur and ultimately save more children’s lives.
References
“2005 Texas Family Code CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT.” Justia Law, law.justia.com/codes/texas/2005/fa/005.00.000261.00.html.
Bross D.C., Mathews B. (2013) The Battered-Child Syndrome: Changes in the Law and Child Advocacy. In: Krugman R., Korbin J. (eds) C. Henry Kempe: A 50 Year Legacy to the Field of Child Abuse and Neglect. Child Maltreatment (Contemporary Issues in Research and Policy), vol 1. Springer, Dordrecht. https://doi-org.libproxy.berkeley.edu/10.1007/978-94-007-4084-6_6
Child protection systemis failing Texas children. (2016, April 26). The Austin American-Statesman (TX), A10.
16 Wm. & Mary J. Women & L. 449 (2009-2010)
Child protection systemis failing Texas children. (2016, April 26). The Austin American-Statesman (TX), A10.
PUBLICATIONS. (n.d.). Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=164402
Donnelly A.C. (2013) Legacies That Stem from Kempe’s 1976 Call for a System of Prevention. In: Krugman R., Korbin J. (eds) C. Henry Kempe: A 50 Year Legacy to the Field of Child Abuse and Neglect. Child Maltreatment (Contemporary Issues in Research and Policy), vol 1. Springer, Dordrecht. https://doi-org.libproxy.berkeley.edu/10.1007/978-94-007-4084-6_17
“History of LWVTX Action on Child Abuse and Neglect.” MyLO, 9 July 2020, my.lwv.org/texas/history-lwvtx-action-child-abuse-and-neglect.
Senate Bill 6, capitol.texas.gov/billlookup/BillSummary.aspx?LegSess=79R&Bill=SB6.
Steviebone. “Attorneys.” Texas Law – Family Code – Chapter 261. Investigation Of Report Of Child Abuse Or Neglect, EasyLawLookup, www.easylawlookup.com/Texas-Law/Family-Code/par-17289/_easylookup.blp?GO=Prepare&print=&data=FAMILY2&sidfw=&site=EASY&location=78232&spon=&p_start=493&p_end=521&p_para=17289&p_epara=18182&displayer=YES.
Texas Department of Family and Protective Services (DFPS). (n.d.). Retrieved from https://www.dfps.state.tx.us/Child_Protection/Child_Safety/report_abuse.asp#report
The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed
https://scholar.smu.edu/law_faculty/27/
Texas Department of Family and Protective Services (DFPS). (n.d.). Retrieved from
https://www.dfps.state.tx.us/Child_Protection/Child_Safety/report_abuse.asp#report
foundations of law and society 