Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter A - INVESTIGATIONS
Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT
Section 707.453 - What is emotional abuse?
Universal Citation: 40 TX Admin Code ยง 707.453
Current through Reg. 49, No. 38; September 20, 2024
(a) Emotional abuse is a subset of the statutory definitions of abuse that appear in Texas Family Code § 261.001(1) and includes the following acts or omissions by a person:
(1) Mental or emotional injury to a child
that results in an observable and material impairment in the child's growth,
development, or psychological functioning;
(2) Causing or permitting the child to be in
a situation in which the child sustains a mental or emotional injury that
results in an observable and material impairment in the child's growth,
development, or psychological functioning; or
(3) The current use by a person of a
controlled substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in mental or emotional injury to a
child.
(b) In this section, the following terms have the following meanings:
(1) "Mental or emotional injury" means:
(A) That a child of any age experiences
significant or serious negative effects on intellectual or psychological
development or functioning. Although the child does not have to experience
physical injury or be diagnosed by a medical or mental health professional in
order for us to determine that the child suffers from a mental or emotional
injury, when assessing the child, we will consult with professional collaterals
outside of the Texas Department of Family and Protective Services that have
witnessed and validated that the child is exhibiting behaviors indicative of
observable and material impairment as specified in paragraph (2) of this
subsection. When the mental or emotional injury involves exposure to domestic
violence, we will consult with professional collaterals that have documented
expertise or training in the dynamics of domestic violence, whenever
possible.
(B) For purposes of
paragraph (3) of subsection (a), "mental or emotional injury" resulting from a
person's current use of a controlled substance includes a child of any age
experiencing interference with normal psychological development, functioning,
or emotional or mental stability, as evidenced by an observable and substantial
change in behavior, emotional response, or cognition, related to the person's
current use of a controlled substance.
(2) "Observable and material impairment"
means discernible and substantial damage or deterioration to a child's
emotional, social, and cognitive development. It may include but is not limited
to depression; anxiety; panic attacks; suicide attempts; compulsive and
obsessive behaviors; acting out or exhibiting chronic or acute aggressive
behavior directed toward self or others; withdrawal from normal routine and
relationships; memory lapse; decreased concentration; difficulty or inability
to make decisions; or a substantial and observable change in behavior,
emotional response, or cognition.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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