Juvenile Physical Abuse Unit:
The Role of Law Enforcement In The Investigation of Physical Abuse and Neglect of Children

Under Texas law, certain civil and criminal statutes exist with the intended purpose of protecting children from physical abuse and neglect. The duty of law-enforcement in child abuse cases, in addition to protecting children, is to enforce relevant criminal ("penal") laws. Penalty categories for violating criminal child abuse laws range as high as first degree felony, subject to punishments as severe as 99 years or life in prison.

Since most physical abuse of children occurs within the family, investigations are usually conducted jointly by police and children’s protective services workers (CPS). While police investigators focus on the criminal aspect of a child abuse investigation, CPS caseworkers operate under the authority of civil law (Texas Family Code) and focus on steps necessary to protect the victim and his or her siblings from further abuse.

The Physical Abuse Unit of the Houston Police Department’s Juvenile Division investigates physical abuse cases that occur within the family or involve suspected abusers acting in the capacity of caretaker. Assault offenses against children that do not involve family members or caretakers as suspects are investigated by the Homicide Division.

Physical abuse investigations are complex in nature, and require an interdisciplinary system that includes specially-trained police investigators, CPS caseworkers, prosecutors, medical personnel and psychologists.

CRIMINAL LAWS AGAINST PHYSICAL ABUSE OF CHILDREN

The following Penal Code sections are most frequently used by police to prosecute physical abuse of children. Summaries of relevant aspects of these laws are provided here for general information. For further information, click on highlighted Penal Code references to view the law in its entirety. Remember that application of a specific statute is affected by the intent of that statute and by historical judicial review (case law).

INJURY TO A CHILD PC 22.04

It is an offense for a person to intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, cause to a child 14 years of age or younger:

• serious bodily injury;

• serious mental deficiency, impairment or injury;

• bodily injury.

INJURY TO A CHILD is the criminal charge most frequently filed in physical abuse cases. Penalty categories range from Class A Misdemeanor to first degree felony, determined by seriousness of injury and the actor’s culpable mental state. Refer to the complete text of PC 22.04.

ABANDONING OR ENDANGERING A CHILD PC 22.041

For purposes of this statute, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

• It is an offense for someone having custody, care, or control of a child younger than 15 years to intentionally abandon a child in any place under circumstances that expose the child to an unreasonable risk of harm.

• It is an offense for a person to intentionally, knowingly recklessly, or with criminal negligence, by act or omission, engage in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

Penalty categories for ABANDONING A CHILD range from state jail felony up to second degree felony. The penalty category for ENDANGERING A CHILD is state jail felony. Refer to the complete text of PC 22.041.

LEAVING A CHILD IN A VEHICLE PC 22.10

It is an offense for a person to intentionally or knowingly leave a child in a motor vehicle for longer than five minutes, knowing that the child is:

• younger than seven years of age; and

• not attended by an individual in the vehicle who is 14 years of age or older.

Penalty category for LEAVING A CHILD IN A VEHICLE is Class C Misdemeanor.

In addition to the above Texas Penal Code laws relevant to child abuse, the Texas Family Code mandates criminal sanctions for failure to report child abuse:

FAILURE TO REPORT FC 261.109

It is an offense for a person having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect knowingly fails to report as provided in this chapter.

Under this law, any person having knowledge of child abuse must report it to either children’s protective services or law enforcement. FAILURE TO REPORT child abuse under this provision of the Texas Family Code is a Class B Misdemeanor.

FALSE REPORT FC 261.107

The Family Code also mandates criminal punishment for FALSE REPORT of child abuse. A person who knowingly or intentionally makes a false report of child abuse to authorities faces criminal charges as serious state jail felony.

IMMUNITIES FC 261.106

A person who has knowledge of child abuse and reports it in good faith is immune to civil and criminal prosecution. This immunity also extends to investigators, witnesses and other participants in the investigation and prosecution of child abuse, provided they have acted in good faith.

SPECIAL RELATIONSHIPS:

Texas law specifically allows parents, educators and certain other persons the right to use reasonable corporal punishment as a means of disciplining children under their supervision. These special relationships are defined and explained in the Texas penal Code, Chapter 9, Subsection F. These special relationships are as follows:

PARENT --- CHILD PC 9.61

Allows a parent, step-parent, or someone acting in loco parentis to use force (but not deadly force) to discipline a child younger than 18 years of age. This law includes grandparents, guardians, persons acting under the authority of a court having jurisdiction over the child, and to persons who have the express consent of the parents or guardians to discipline the child. Such use of force can be used only to the degree necessary to discipline the child or to safeguard or promote the child’s welfare.

EDUCATOR --- STUDENT PC 9.62

Allows an educator to use force (but not deadly force) if that educator is entrusted with care, supervision or administration of the child.

GUARDIAN --- INCOMPETENT PC 9.63

Allows a guardian of a person judged mentally incompetent to use force (but not deadly force) for purpose of control and discipline.