College Station Child Abuse Lawyer

The state imposes severe penalties for crimes involving child abuse. Even certain cases of failing to report suspected child abuse to the relevant authorities is a crime under state laws.

Consulting with a seasoned domestic violence attorney could help you understand what constitutes child abuse in Texas. You should speak with a College Station child abuse lawyer immediately if you need advice about crimes involving the ill-treatment of a minor.

What Does Child Abuse Encompass?

A wide range of actions and omissions can fall under the category of child abuse, as outlined in Texas Family Code Annotated § 261.001. Some examples include:

• Causing or allowing a mental or emotional injury that can impair the child’s growth, development, or their psychological well-being;
• Causing or failing to prevent a physical injury that leads to substantial harm or the threat of significant harm;
• Sexual abuse crimes or compelling a child to engage in sex trafficking
• Failing to take reasonable efforts to prevent sexual abuse against a child;
• Engaging in or allowing the taking of explicit photos, videos or other images depicting a child;
• Using a controlled substance that results in a physical or emotional injury to a child or allowing a child to use controlled substances; and
• Forcing a child to marry.

A College Station attorney could help you understand how the law views child abuse versus legal child discipline. The law does not consider accidents or reasonable discipline by a parent or guardian as abuse unless the child is at a substantial risk of harm.

Understanding Child Neglect

In addition to child abuse, child neglect is also a punishable crime under Tex. Fam. Code Ann. § 261.001. The law generally defines child neglect as a failure to act by someone responsible for a child’s welfare. 

The action must show a blatant disregard for potential harm to the child or create an immediate danger to a child’s health or safety. An example of child neglect is failing to provide a child with basic food, clothing or shelter.

However, only adults deemed responsible for the child’s care, custody or welfare are liable under state child neglect laws. This can include:

• A parent or legal guardian;
• Any person living in the child’s household;
• A person cohabiting with the child’s parent;
• Personnel or volunteers at a child’s school or any public or private residential institution where the child lives; and
• An employee or other person working for an unlicensed or licensed childcare facility.

A College station attorney can help you understand the legal distinction between child abuse and neglect under state law. 

Persons Mandated by Law to Report Child Abuse

State laws generally require that adults with reasonable cause report suspected incidents of child abuse or neglect, according to Tex. Fam. Code Ann. § 261.101. You can always speak with one of our lawyers in College Station if you have reason to suspect child abuse.

Certain professionals are also required by law to make a report within 48 hours, or they will face criminal charges themselves. These include:

• Teachers;
• Nurses;
• Doctors; 
• Daycare employees, 
• Employees of a clinic or health care facility providing reproductive services;
• Juvenile probation officers; and
• Juvenile detention or correctional officers.

According to Tex. Fam. Code Ann. § 261.109, failing to make a report when you have knowledge of child abuse or neglect is considered a class A misdemeanor. The crime is upgraded to a state felony in certain instances, including if the defendant knowingly concealed the abuse or neglect.

Call a College Station Attorney Today About Child Abuse Crimes

If you were accused of a criminal offense involving abuse or neglect of a minor, you should contact a College Station child abuse lawyer as soon as possible. Aside from criminal penalties, accusations of child abuse may negatively impact a parent’s ability to maintain custody and succeed in life.

Our professional and knowledgeable criminal defense attorneys understand the severe consequences of child abuse crimes and how they can affect your life. We will fight on your behalf to help you win inside and outside of the court room. Call today.