Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter C - CHILD CARE INVESTIGATIONS
Division 5 - ABUSE, NEGLECT, AND EXPLOITATION
Section 707.787 - What is emotional abuse?
Universal Citation: 40 TX Admin Code ยง 707.787
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 any
significant change in the child's physical health, intellectual development, or
social behavior, including changes in sleeping and eating patterns, changes in
school, or depression. 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. However,
when assessing the child, we must 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 that show an observable
and material impairment as specified in paragraph (2) of this subsection. If a
medical or mental health professional examines the child, we will consult with
the medical or mental health professional prior to making a finding.
(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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