Can CPS Tell You Who Reported You in Texas?
Understand how Texas law protects the identity of CPS reporters and the rare circumstances where disclosure may be considered.
If Child Protective Services (CPS) contacts you in Texas, you might immediately wonder who made the report, particularly if the allegations seem unfounded. Understanding the rules around reporter confidentiality is key. Texas law generally protects the identity of individuals who report suspected child abuse or neglect, but there are specific circumstances where this information might be revealed.
Laws Ensuring Confidentiality of Reporters
Texas law strongly protects the identity of individuals who report suspected child abuse or neglect to the Department of Family and Protective Services (DFPS), the agency commonly known as CPS. The Texas Family Code mandates that unless the person reporting gives written permission to be identified, their identity must be kept confidential by DFPS staff.1Texas Legislature Online. Texas Family Code Chapter 261: Investigation of Report of Child Abuse or Neglect
This confidentiality covers the reporter’s name and any details that could reveal who they are. State law specifies that the report itself and the reporter’s identity are not public information and cannot be released under open records requests.2Child Welfare Information Gateway. Disclosure of Confidential Child Abuse and Neglect Records – Texas This protection applies to all materials related to the investigation. The primary goal of this confidentiality is to encourage people to report safety concerns about children without fearing retaliation. Anyone in Texas can make a report, including professionals obligated by law to do so, like doctors and teachers, as well as other concerned individuals. While anonymous reports can be made to law enforcement, a change effective September 1, 2023, requires those reporting directly to DFPS to provide their name and phone number, though this information remains confidential under the law.3Texas Department of Family and Protective Services. Report Abuse or Neglect
DFPS is legally bound to maintain this secrecy. Agency procedures require staff to remove any information identifying the individual as the initial reporter before releasing case records to anyone legally entitled to view them, ensuring the act of reporting remains protected.
Legal Exceptions for Disclosure
While confidentiality is the standard, Texas law includes exceptions. The most significant involves reports found to be intentionally false and malicious. If an investigation or a court determines someone knowingly filed a false report of child abuse or neglect intending to deceive, the usual confidentiality protections may not apply during the legal process addressing the false report.
Making a knowingly false report is a state jail felony in Texas, escalating to a third-degree felony for repeat offenses.4Child Welfare Information Gateway. Penalties for Failure to Report and False Reporting of Child Abuse and Neglect – Texas Prosecuting someone for making a false report could require revealing their identity. Courts can also order individuals convicted of making false reports to pay the attorney’s fees of the person falsely accused, a process that necessitates identifying the reporter.
Another exception allows DFPS to disclose the reporter’s identity to a law enforcement officer if needed for a criminal investigation related to the report.5Texas Children’s Commission. Texas Child Protection Law Bench Book – Confidentiality and Disclosure This facilitates cooperation between child protective services and police when investigating potential crimes, such as the abuse or neglect itself, or the act of false reporting. This disclosure is limited to law enforcement and does not automatically mean the subject of the investigation learns the reporter’s identity.
Court Involvement
The courts provide a potential, though limited, path to revealing a reporter’s identity. While the Texas Family Code establishes strong confidentiality, it allows a judge to order the release of otherwise confidential information, including who made the report.6Texas Department of Family and Protective Services. DFPS Attorneys’ Guide: Section 6 Discovery Parties in related legal cases, such as custody disputes where the CPS report is relevant, can ask the court to compel disclosure.
Specific legal steps are required. A formal request, known as a motion, must be filed with the court. DFPS and other involved parties must be notified and given a chance to respond. The decision ultimately rests with the judge. Before ordering disclosure, the judge must hold a hearing and privately review the confidential information in question—a process called an in camera review.7Texas Children’s Commission. Texas Child Protection Law Bench Book: Investigations (2017) This allows the judge to evaluate the information’s importance without immediately revealing it.
Following this review, the judge applies a strict legal test: disclosure must be essential for the administration of justice in the specific case, and it must not be likely to endanger the child, the reporter, or anyone else involved in the investigation or the child’s care. Only if both these conditions are met can the court order DFPS to reveal the reporter’s identity. This high standard reflects the state’s policy of encouraging reports by protecting those who come forward.
Consequences of Violating Reporter Confidentiality
Improperly revealing the identity of a confidential CPS reporter carries legal consequences in Texas. State law makes it a criminal offense for anyone, particularly public servants like DFPS employees, to distribute confidential information held by the government, which includes a CPS reporter’s identity.
Violating this confidentiality is typically a misdemeanor, punishable by fines up to $1,000, up to six months in jail, or both.8Texas Public Law. Texas Government Code Section 552.352 – Distribution or Misuse of Confidential Information Such a violation is also considered official misconduct, potentially leading to further administrative or employment actions for public employees.
Furthermore, state law addresses the misuse of official information by public servants. If a public servant discloses non-public information obtained through their job with the intent to benefit themselves or harm someone else, it could constitute a third-degree felony. This carries potential prison time of two to ten years and significant fines. Because a CPS reporter’s identity is legally confidential, unauthorized disclosure by an official could fall under this more serious charge.
DFPS employees who breach confidentiality also face internal disciplinary actions, ranging up to termination, separate from any criminal charges.9Texas Department of Family and Protective Services. DFPS Ethics Policy Agency policies strictly enforce the protection of confidential information, reinforcing the legal mandate to shield reporters.
