Texas Attorney General Ken Paxton (R) issued a formal opinion clarifying which law enforcement agencies are authorized under the Texas Family Code to receive referrals and conduct certain investigations involving suspected child abuse or neglect.
The opinion follows a 2025 change to Chapter 261 enacted through Senate Bill 571, which defined a "law enforcement agency" as the Texas Department of Public Safety, a municipal police department, a county sheriff's office, or a county constable's office.
Paxon's opinion concludes that the definition applies throughout Chapter 261, including provisions governing referrals and investigations of suspected child abuse or neglect. As a result, the opinion says a school district police department does not qualify as an "appropriate law enforcement agency" for reports under those provisions.
The opinion does not eliminate other responsibilities held by school district police departments or their officers. According to the Attorney General's Office, they remain responsible for reporting suspected abuse or neglect, cooperating with investigations, and assisting an appropriate law enforcement agency.
"I have issued this formal opinion to ensure the safety of school children in Texas by stopping rogue school districts from concealing the sexual abuse of children," said Paxton. "Any reasonable belief that a child is being abused or neglected must be taken seriously and reported to the correct law enforcement agency, as required by Texas law."
Chapter 261 separately requires reports of suspected abuse or neglect to be made to a law enforcement agency, the Department of Family and Protective Services, or, in specified circumstances, another designated state agency.
