Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING. (a) In this section:
(1) "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.
(2) "Defendant" means a party against whom a claim is made.
(b) A court shall award a defendant reasonable attorney's fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:
(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the claim is dismissed or judgment is rendered for the defendant.
(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:
(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and
(2) the defendant requests the court to award reasonable attorney's fees and other expenses related to the defense of the claim.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Subchapter B. Report of Abuse or Neglect; Immunities
Section 261.101. Persons Required to Report; Time to Report
Section 261.102. Matters to Be Reported
Section 261.103. Report Made to Appropriate Agency
Section 261.104. Contents of Report
Section 261.105. Referral of Report by Department or Law Enforcement
Section 261.1055. Notification of District Attorneys
Section 261.107. False Report; Criminal Penalty; Civil Penalty
Section 261.108. Frivolous Claims Against Person Reporting
Section 261.109. Failure to Report; Penalty
Section 261.110. Employer Retaliation Prohibited
Section 261.111. Refusal of Psychiatric or Psychological Treatment of Child