Injury to a Child , Elderly or Disabled

Abuse includes the following acts or omissions by any person:

A. mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;

B. 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;

C. 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 possessors conservator that does not expose the child to a substantial risk of harm;

D. 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;

E. sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of 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;

F. failure to make a reasonable effort to prevent sexual conduct harmful to a child;

G. compelling or encouraging a child to engage in sexual conduct as defined by Section 43.01, Penal Code;

H. 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 the Penal Code) or pornographic;

I. the current use by a person of a controlled substance as defined by chapter 481, Health and Safety Code, in a manner to the extent that the use results in physical, mental, or emotional injury to a child, or

J. causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code.

K. causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code.

Source: Texas Family Code Section 261.001 / Source: Texas Penal Code Section 21.11,21.011,22.021,43.01, 43.25 / Source: Texas Health and Safety Code Ch. 481


For more information about Injury to a Child or Elderly, Contact Gilbert Garcia today at 936-756-3333.

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