Rodriguez v. State

Believing § 261.101(a) of the Texas Family Code which criminalizes the failure to report child abuse or neglect is facially unconstitutional, I respectfully dissent.

I

Section 261.109(a) provides: “A person commits an offense if the person has cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter.” Appellants were required to report in the manner provided for under § 261.101(a), which states: “A person having cause to believe that a child’s physical or mental health…