Q: Legal trouble for not reporting child abuse in TX?
In 2020, a child told me about possible abuse, but at the time, she said she was lying because she was mad, so I didn't report it. In 2024, she reported the incident to her mother, who then reported it to the authorities. The detectives contacted me, and I truthfully shared all the child had told me back then. I am now a witness in the trial. Can I face any legal trouble for not reporting the abuse earlier, considering I am a permanent resident and not in a mandatory reporting role?
A:
I will answer the question without knowing who you are, and whether or not you work for the State. Most State, and municipal workers have a duty to report child abuse. So do Doctors, nurses, social workers, and others who work with children.
Failing to report for the reason you gave in your question, is acceptable as such. However, if there is more to it, or you still had evidence of real child abuse, you may have an issue. But the issue will be more about your testimony in court. I believe the statute of limitations on prosecuting a mandatory reporter of child abuse in three years. However, there are many rules and laws on the issue and the time limit may be more than three years.
If you are nervous or feel like you might tell on yourself in court, call me or any lawyer to protect you. The law can be tricky. Don't assume you know it all.
I hope this helps. Check out 261.101-109 in the Texas Family Law Code. It will give you some guidance.
Good Luck!
A: Apart from John Cucci's advice, with which I wholeheartedly agree, it may be very helpful for you to consult him or another attorney about what you should expect as a witness in such a case. You should be prepared for various lines of questioning that I think are likely to occur that will be designed to influence what you testify by creating doubt in your mind as to whether you will get into trouble. Knowledge is power in this situation. Sharing the specific details with your own attorney in a confidential setting will enable you to fully understand the situation and should give you the confidence to testify truthfully and effectively.
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