Understanding Child Abuse Allegations
Child abuse can have slightly different meanings in Texas laws and regulations. Criminal charges may be more specific than CPS allegations. However, generally child abuse is causing a child’s death, causing a child physical injury, or even causing a child emotional harm. This includes striking, shoving, shaking, or hitting a child, regardless of whether it is for the purpose of discipline. A child’s injuries are considered to cause “Substantial Harm” if the child abuse causes real and significant physical injury or damage to a child including: bruises, cuts, welts, skull or other bone fractures, brain damage, subdural hematoma, internal injuries, burns, scalds, wounds, poisoning, human bites, concussions, and dislocations and sprains.
Remember, a child does not have to have substantial harm for the government to file “Injury to a Child” criminal charges. However, allegations of “Substantial Harm” to a child can easily support at least a Third Degree Felony injury to a child charge. If a child suffers “Serious Physical Abuse” that means the child’s injuries require fast medical attention, including hospitalization. These injuries are those that may endanger the child’s life or cause permanent functional impairment, death, or disfigurement if untreated. This is a CPS term. In the criminal context this is very close to “serious bodily injury.” This means injuries causing a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. “Serious Physical Abuse” can support a First Degree Felony charge of Injury to a Child. Contact a criminal defense lawyer immediately if you are faced with these allegations.
Of course, sexual conduct with a child is child abuse. That includes the criminal charges of Indecency with a Child; Sexual Assault; or Aggravated Sexual Assault. Sexual child abuse also includes compelling or encouraging the child to engage in sexual conduct. CPS defines “Serious Sexual Abuse” as oral, anal, or genital intercourse; sexual acts performed with the child that involve the genitals or anus; touching of the genitals, breasts, or anus. Any of these sexual abuse allegations by CPS fit within sexual abuse criminal charges. If convicted of any of this conduct in a criminal court you would be facing serious prison sentences and registration as a sex offender.
Child Abuse or Neglect Reported to CPS
When Child Protective Services (CPS) gets a report of child abuse or neglect the Department assigns a priority level based on the “immediacy of the risk and the severity of the possible harm to the child.” The higher level of child abuse or neglect is Priority 1. This is when a report alleges circumstances (if true) would cause a child to be in immediate risk of child abuse or neglect that is severe enough to possible cause death or serious harm. The other level is Priority 2 reports. This is basically every report not rising to the level of Priority 1.
If CPS gets a Priority 1 Report they are supposed to immediately respond, meaning within 24. If CPS receives a Priority 2 Report then CPS is supposed to begin an investigation within 72 hours by forwarding the report to specialized screening staff. Regardless of whether CPS assigns your situation a Priority 1 or 2, you need to speak with a Texas child abuse attorney as soon as possible. At Cofer Law, P.C. we have attorneys experienced in handling injury to a child or endangering a child cases that involve CPS investigations. You can call our Fort Worth office at (817) 810-9395.
Does CPS contact the police?
Yes, CPS will contact the police. They are required to notify police of child abuse reports or reports of neglect within 24 hours of receiving a Priority 1 Report for: sexual abuse report; or abuse or neglect in a public or private school. CPS can contact the police orally or by facsimile. If CPS reports these cases orally, they must follow up with a written report within 3 days after receiving the abuse or neglect report. Some written record should exist of this report.
CPS still has to report these Priority 1 abuse and neglect allegations even if information shows the report is unfounded or does not qualify for Priority 1. If a case is Priority 2 then CPS must report it to police, in writing, within 3 days. This means if CPS has contacted you or attempted to contact you, they are going to contact police soon. Before speaking with CPS or the police about child abuse or neglect allegations you should speak with a Fort Worth criminal defense attorney that is experienced in CPS investigations.
What is not child abuse in Texas?
Certain activities are not considered child abuse or neglect, in and of themselves:
- Truancy – this is when a child is absent from school (voluntarily) without a valid excuse.
- Runaway Child – this is when a child voluntarily leaves home without the permission of a parent or guardian.
- Children in need of supervision (CHINS) – this is closely related to juvenile delinquency – when a child is acting in a way that demonstrates the government should intervene, but the child’s activity does not necessarily rise to the level of criminal charge.
- Reasonable physical discipline – in Texas you can still spank your child, but CPS dictates that physical discipline is appropriate only if it does not cause any injuries or substantial risk of harm.
- Latch-key children – this is when a child is school-age and left unattended a portion of the day, and the child’s parents (guardian) have made appropriate arrangements to ensure the child is not in danger.
- Violent Children Outside of the Family – these are children who act violently toward other children, but the children do not live in the same home (or not family members).
It is the job of The Texas Department of Protective and Regulatory Services’ Protective Services for Families and Children (the parent-agency of CPS) to help the public to understanding what should be reported and what the system will do about it. When CPS receives a report that does not meet the criteria for child abuse, neglect, or risk of abuse or neglect, then CPS is supposed to give information about other services that a child and family can use for the situation.
Cody Cofer
Lauren Crisera
