When you open your home to foster or adopt a child in need, there is a strong likelihood you will, at some point, encounter a situation involving child neglect in Texas. Children who have experienced some neglect in their life need special care and consideration, and Therapeutic Family Life is committed to educating and supporting families who want to provide safe and nurturing homes for those children.
What Is Child Neglect in Texas?
In general, neglect is when a parent, guardian, or caregiver fails to provide care, supervision, or support for a child. The Texas Family Code §261.001(4) defines neglect as “an act or failure to act by a person responsible for a child’s care, custody, or welfare evidencing the person’s blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child’s physical health or safety.”
While both child neglect and child abuse can result in substantial harm to the child, there is a difference in the two. Physical child abuse is physical injury that results in harm, or the honest threat of substantial harm to the child. On the other hand, neglect is the failure to provide for a child’s basic needs, which can sometimes lead to physical harm.
As a foster or adoptive parent, it is crucial to understand what neglect is and how it can affect a child so that you can be more empathetic to certain behaviors or fears a child coming into your care may have, and so you can more appropriately provide them with the help they need.
Types and Examples of Child Neglect in Texas
There are four different legal types of child neglect in Texas: physical neglect, emotional neglect, educational neglect, and medical neglect.
Physical neglect occurs when a parent, guardian, or caretaker fails to provide adequate food, clothing, shelter, or medical care for a child’s physical needs. An example of physical neglect could be locking a child in a closet for a prolonged period of time or failing to give a child food or water for an unreasonable and unhealthy amount of time.
Emotional neglect occurs when a child’s emotional needs are ignored, and they are not provided affection, support, or attention. It can also expose a child to emotional distress. An example could be ignoring a toddler’s emotions and refusing to hug or comfort them if they are scared or upset.
Educational neglect is when a child is excluded from school enrollment or provided proper homeschooling or educational support. An example could be keeping a child home from school and making them work around the house instead of giving them the opportunity for educational instruction instead.
Medical neglect is refusing to seek necessary medical attention for a child’s health issues or conditions. An example could be a child having chronic ear infections and failing to take them to the doctor or trying to cover up an injury by not taking a child to the emergency room who is in need of immediate medical care.
Recognizing the Signs of Child Neglect
When a child is already free for adoption or in foster care, then the proper authorities may already be aware of neglect. However, it’s still important to be knowledgeable of the signs and always report when you suspect neglect for two reasons: first, it’s possible that authorities don’t know the child in your care was being neglected and that may need to be investigated further. Second, Texas law mandates you report suspected neglect or abuse, and failure to do so can come with a year in jail and a fine of $4,000.
Neglect can lead to many signs and behaviors in children, such as excessive crying or developmental delays, fear and anxiety, phobias, nightmares, bed wetting, social withdrawal, hyperactivity, decreased school performance, self-harm, and more. It is so important to make sure your home is a safe and healthy environment for all the children in your care, especially when you may be dealing with sensitive trauma situations. Providing a safe and stable home environment can help a child begin to heal from the distress of their past neglect.
Legal Consequences and Child Neglect Charges in Texas
In addition to the damaging effects child neglect can have on children, there are also legal consequences and child neglect charges in Texas for adults who commit this crime.
If a parent, guardian, or caregiver fails to provide necessary care, supervision, and support to a child, then they can be charged with neglect. Occasionally, a situation may arise where a parent simply made a poor judgment call, like leaving a child at home alone because they had to go to work and couldn’t find a sitter, and then there may be cases where a parent or caregiver commits a more heinous neglectful act, like leaving a child locked in a closet without food or water because they don’t feel like taking care of them.
Because there can be varying degrees of neglect and intent behind it, child neglect charges in Texas can fluctuate based on the severity of the offense on a case-by-case basis.
In a less severe case of abandonment, where an adult had the intent to return to the child, it is considered a state jail felony and can come with six months to two years in prison, as well as fines up to $10,000.
In more severe cases where the neglect puts the child in immediate danger of death or harm, and/or when there was no intention of the adult to return for the child, the charge can be elevated to a second- or third-degree felony with sentences of two to 20 years in prison, along with fines up to $10,000. A child can also be removed from their home by CPS for neglect, and parental rights can be terminated.
When you make the decision to care for a child through fostering or adopting, it’s vital to be aware of the kind of background the child may be coming from. You may not always get all of the details of what the child has endured, so it’s important to be prepared for multiple scenarios. It’s also important to ensure you can provide a safe and stable home so that you don’t subject the child to more potential harm. Therapeutic Family Life understands how important this is for children in care, and they guide families through legal requirements for safe caregiving.
Reporting Suspected Child Neglect in Texas
Again, Texas law requires that ANY person who suspects that a child has been abused or neglected must IMMEDIATELY make a report. You can do so by calling the DFPS Texas Abuse Hotline at 1-800-252-5400 or make a report online at https://www.txabusehotline.org/Login/Default.aspx . If the child is in immediate danger, call 911 first and then report the suspected neglect or abuse to DFPS. According to Texas Family Code, Section 261.109, failure to report is a criminal offense.
If you think a child in your care who you are fostering or adopting has been previously neglected, then you will need to report your suspicions to the proper authorities. Therapeutic Family Life is available to help families navigate CPS reporting and finding resources from child welfare, including therapies and other assistance. If you have a CPS representative already handling your case, you can also report the suspected neglect directly to them. If the child in your care has a CASA representative, they should be able to assist as well.
Conclusion
Sadly, child neglect in Texas is highly prevalent for children waiting to be adopted or who are in foster care. It is important to understand child neglect so you can help prevent it from happening to the children in your care, as well as be able to recognize the signs and symptoms so you can report suspected child neglect to the proper authorities.
Remember, while there are legal consequences for those who commit the crime, there are also legal repercussions for those who suspect child neglect and do not report it.
Having appropriate and necessary training and support when navigating situations like these is highly important. Therapeutic Family Life is an organization that will equip you as you walk through these tough scenarios, and help prepare you to be the best parents and caregivers possible to vulnerable children in need.
FAQs
What is considered child neglect in Texas?
Child neglect is when a parent, guardian, or caregiver fails to adequately meet a child’s basic needs that could lead to potential harm or danger.
What is child neglect in Texas?
There are four main types of child neglect in Texas: physical neglect, emotional neglect, educational neglect, and medical neglect. There can also be psychological neglect, which is when a child is denied mental health assistance when it is needed.
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Jillian Richstone is a freelance writer, former paralegal, and former community journalist. She also has a degree in Creative Writing and Literature from Mercer University, and a paralegal certificate from UGA. Jillian also had the privilege of serving as a foster mom and has a passion for children in need of loving families, as well as birth families in need of support. Her personal experiences in fostering, along with raising three biological children, have shaped her deep understanding of the challenges and joys that come with parenting and caring for children. She writes extensively in the Children and Parenting space, offering insight and encouragement to parents, foster families, and caregivers. Jillian has been happily married to her husband, Robert, for 13 years, and above all else, she is a follower of Jesus, aiming to share His love with others through her writing and work.About This Author
Jillian Richstone
