Texas § 40.042 INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.

Texas Statutes

§ 40.042 — INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.

Texas § 40.042

Code HRHuman Resources Code

This text of Texas § 40.042 (INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Human Resources Code Code Ann. § 40.042 (2026).

Text

Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION.

(a)In this section, "child-care facility" includes a facility, licensed or unlicensed child-care facility, family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42 .

(b)For all investigations of child abuse, neglect, or exploitation conducted by the child protective services division of the department, the department shall adopt the definitions of abuse, neglect, and exploitation provided in Section 261.001 , Family Code.

(c)The department shall establish standardized policies to be used during investigations. Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8

(d)The commissioner shall es

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Sec. 40.042. INVESTIGATIONS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION. (a) In this section, "child-care facility" includes a facility, licensed or unlicensed child-care facility, family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42 .
(b) For all investigations of child abuse, neglect, or exploitation conducted by the child protective services division of the department, the department shall adopt the definitions of abuse, neglect, and exploitation provided in Section 261.001 , Family Code.
(c) The department shall establish standardized policies to be used during investigations.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8
(d) The commissioner shall establish units within the child protective services division of the department to specialize in investigating allegations of child abuse, neglect, or exploitation occurring at a child-care facility.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26
(d) The commissioner shall establish units within the child protective services division of the department to specialize in investigating allegations of child abuse, neglect, and exploitation occurring at a child-care facility.
(e) The department may require that investigators who specialize in allegations of child abuse, neglect, and exploitation occurring at child-care facilities receive ongoing training on the minimum licensing standards for any facilities that are applicable to the investigator's specialization.
(f) After an investigation of abuse, neglect, or exploitation occurring at a child-care facility, the department shall provide the state agency responsible for regulating the facility with access to any information relating to the department's investigation. Providing access to confidential information under this subsection does not constitute a waiver of confidentiality.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 8
(g) The executive commissioner or the commissioner of the department, as appropriate, may adopt rules to implement this section.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 26
(g) The department may adopt rules to implement this section.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11 ), Sec. 26(a), eff. September 1, 2017. Added by Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249 ), Sec. 8(a), eff. September 1, 2017.