Child abuse is generally the mistreatment of a child by a parent or caregiver—through actions or inactions—that causes injury, death, or emotional harm to the child—or that places the child at serious risk of such injury, death, or emotional harm. Mistreatment that constitutes child abuse may take many forms, including neglect, physical abuse, sexual abuse, emotional abuse, failure to supervise, and exploitation. Child abuse laws vary from state to state and are usually located in a state’s family code and criminal or penal code.
In Texas, child abuse is defined and regulated under both the Texas Family Code and the Texas Penal Code. The law recognizes various forms of mistreatment as child abuse, including physical injury that results in substantial harm to the child, sexual abuse, mental or emotional injury, neglect (including abandonment and the failure to provide necessary care), and forcing or coercing a child to engage in sexual conduct. The Texas Family Code mandates that any person who suspects that a child has been abused or neglected must report it to the Texas Department of Family and Protective Services (DFPS) or law enforcement. Failure to report suspected abuse is a criminal offense. Texas law also provides for the removal of a child from their home if there is an immediate risk of harm. The Texas Penal Code outlines specific criminal offenses related to child abuse, such as injury to a child, which can range from a state jail felony to a first-degree felony depending on the circumstances and the severity of the harm to the child.
