Untitled Texas Attorney General Opinion, GA-0944

Texas Attorney General analyzes whether a mental health professional must report abuse or neglect that occurred during an adult patient's childhood under Family Code chapter 261.
Chapter 261 requires reports within 48 hours if there is cause to believe a child has been abused or neglected, or is victim of listed offenses.
The term 'child' is defined by statute as a person under 18 who is not married and has not had minority disabilities removed.
Opinion examines whether 'child' in subsection 261.101(b) can include an individual who was a child in the past but is now an adult.
Court concludes the term 'child' in 261.101(b) is limited to an at-present child, requiring no report for abuse believed to have occurred during an adult patient’s childhood.
Thus, a professional is not required to report abuse or neglect that the professional believes occurred during an adult patient's childhood.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 'child' in 261.101(b) includes past childhood but current adulthood	Branaman argues duty may extend to former children.	Bringing the current definition of child as at-present under 18 controls.	Not required to report.

Tex. Dep't of Transp. v. Needham, 82 S.W.3d 314 (Tex. 2002) (statutory terms interpreted consistently)
Town of Flower Mound v. Teague, 111 S.W.3d 742 (Tex. App.—Fort Worth 2003, pet. denied) (use of definite article 'the' signals definite noun in statute)
City of Waco v. Kelley, 309 S.W.3d 536 (Tex. 2010) (determines legislative intent from statute as a whole)
Harris Cnty. Hosp. Dist. v. Tomball Reg'l Hosp., 283 S.W.3d 838 (Tex. 2009) (plain meaning and context inform statutory interpretation)