| (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.
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