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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT |
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Subchapter B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES |
Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING
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(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.