Child Abuse, Family Violence and Human Trafficking
Child Safety Matters
Child Abuse and Family Violence
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“Abuse” includes the following acts or omissions by a person:
- mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
- 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;
- physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;
- failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
- sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
- failure to make a reasonable effort to prevent sexual conduct harmful to a child;
- compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under Section 43.021, Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code;
- causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic;
- 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 physical, mental, or emotional injury to a child;
- causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code;
- causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code;
- knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or
- forcing or coercing a child to enter into a marriage.
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- Leaving of a child in a situation where the child would be exposed to a immediate danger of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child.
- The following acts or omissions by a person:
- placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and the person’s blatant disregard for the consequences of the act or failure to act results in bodily injury or immediate danger of harm to the child;
- failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting an immediate danger of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child;
- the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused;
- placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child;
- placing a child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child; or
- placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child.
- The failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.
- A negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.
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Also known as “domestic violence,” family violence is an act by a member of a family or household against another member of the family or household that is intended to cause physical or emotional harm. It is against the law in Texas.
The first step in stopping domestic violence is to recognize it when it happens. It’s hard to accept that you may be battered by someone you love. Still, you may be a victim of family violence if:
- you are being pushed, shoved, slapped, bruised, kicked, strangled or threatened with a weapon.
- you are verbally attacked or accused.
- your possessions are intentionally damaged.
- you are not allowed to come and go as you wish.
- you are being followed, harassed, or spied upon.
- you are forced to have sex or perform a degrading sexual act.
- you are kept in isolation.
In families where battering occurs, the rate of child abuse or neglect is 15 times higher than the national average. Children may be hurt indirectly when their parent is abused. They may be injured trying to protect their parent.
In the year 2000, law enforcement reported more than 175,282 incidents of family violence in Texas, with 104 women killed by their intimate male partners.
No one deserves to be abused. If something about your relationship frightens you, or if you or someone you know is suffering abuse in a relationship, please cal the National Domestic Violence Hotline at:
- 1-800-799-SAFE (7233)
- 1-800-787-3224 (TDD for hearing impaired)
They provide callers with crisis intervention and referrals to their local family violence service providers and other resources. The CPS caseworker providing you with this brochure may also have information on additional community resources.