<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER KINSPECTIONS AND INVESTIGATIONS
DIVISION 5ABUSE AND NEGLECT
RULE §745.8557What is abuse?

Abuse is any intentional, knowing, or reckless act or omission by someone working under the auspices of an operation that causes or may cause emotional harm or physical injury to, or the death of, a child that the operation serves. Intentional, knowing, or reckless acts and omissions include:

  (1) Any act such as striking, shoving, shaking, or hitting a child, whether intended as discipline or not;

  (2) Failure to make a reasonable effort to prevent abuse by another person;

  (3) Causing, expressly permitting, or encouraging a child to use alcohol or a controlled substance as defined by Health and Safety Code, Chapter 481 (other than a prescription drug that is prescribed to the child and used as prescribed);

  (4) Using alcohol or a controlled substance in a manner or to the extent that the use results in physical injury or emotional harm;

  (5) Sexual conduct that constitutes the offense of indecency with a child as defined under Penal Code, §21.11, sexual assault as defined under Penal Code, §22.011, or aggravated sexual assault as defined under Penal Code, §22.021;

  (6) Compelling or encouraging the child to engage in sexual conduct;

  (7) Failure to make reasonable effort to prevent sexual conduct to a child;

  (8) Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knows or should know that the resulting photograph, film, or depiction of the child is obscene as defined by Penal Code, §43.21, or pornographic; and

  (9) Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Penal Code, §43.25.


Source Note: The provisions of this §745.8557 adopted to be effective June 1, 2002, 27 TexReg 2841

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page