Texas Supreme Court

Douglas Wayne Perry, Janise White, and Raul Quintero, Petitioners v. S.n. and S.n.

July 3, 199841 Tex. Sup. Ct. J. 1162

Summary

The Texas Supreme Court held that the Family Code reporting requirement does not create a tort duty, and therefore plaintiffs cannot maintain a negligence per se or gross negligence claim based on defendants' failure to report child abuse. The Court reversed the Court of Appeals and entered judgment for the defendants, granting them summary judgment. The decision was limited to the negligence per se issue because the plaintiffs did not preserve their common law negligence claims.