(a) Emotional abuse is a subset of the statutory definitions of abuse that appear in Texas Family Code §261.001(1) and includes the following acts or omissions by a person:
  (1) Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
  (2) Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; or
  (3) The current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in mental or emotional injury to a child.
(b) In this section, the following terms have the following meanings:
  (1) "Mental or emotional injury" means:
    (A) That a child of any age experiences any significant change in the child's physical health, intellectual development, or social behavior, including changes in sleeping and eating patterns, changes in school, or depression. The child does not have to experience physical injury or be diagnosed by a medical or mental health professional in order for us to determine that the child suffers from a mental or emotional injury. However, when assessing the child, we must consult with professional collaterals outside of the Texas Department of Family and Protective Services that have witnessed and validated that the child is exhibiting behaviors that show an observable and material impairment as specified in paragraph (2) of this subsection. If a medical or mental health professional examines the child, we will consult with the medical or mental health professional prior to making a finding.
    (B) For purposes of paragraph (3) of subsection (a), "mental or emotional injury" resulting from a person's current use of a controlled substance includes a child of any age experiencing interference with normal psychological development, functioning, or emotional or mental stability, as evidenced by an observable and substantial change in behavior, emotional response, or cognition, related to the person's current use of a controlled substance.
  (2) "Observable and material impairment" means discernible and substantial damage or deterioration to a child's emotional, social, and cognitive development. It may include but is not limited to depression; anxiety; panic attacks; suicide attempts; compulsive and obsessive behaviors; acting out or exhibiting chronic or acute aggressive behavior directed toward self or others; withdrawal from normal routine and relationships; memory lapse; decreased concentration; difficulty or inability to make decisions; or a substantial and observable change in behavior, emotional response, or cognition.

Source Note: The provisions of this §707.787 adopted to be effective July 15, 2020, 45 TexReg 4780