(a) Physical 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) Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident;       
        (2) Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;       
        (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 physical injury to a child; or       
        (4) Causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code.       
      (b) In this section, the following terms have the following meanings:      
        (1) "Accident" means an unforeseen, unexpected, or unplanned act or event that occurs unintentionally and causes or threatens physical injury despite exercising the care and diligence that a reasonable and prudent person would exercise under similar circumstances to avoid the risk of injury.       
        (2) "Genuine threat of substantial harm from physical injury" means exposing the child to any risk of suffering a physical injury. This does not require actual physical contact or injury. It may include but is not limited to the following acts: striking, shoving, shaking, or hitting a child, whether intended as discipline or not.       
        (3) "Physical injury that results in substantial harm to the child" means any bodily harm, including but not limited to scratches; scrapes; cuts, welts, red marks; skin bruising; lacerations, pinch marks; sprains; dislocated, fractured, or broken bones; concussions; burns; and damage to internal organs. When determining whether the harm is substantial, we may consider factors including but not limited to the location of the harm; the child's age, physical condition, psychological functioning, and level of maturity; any special needs the child may have; and other relevant factors.       
     Source Note:        The provisions of this §707.789 adopted to be effective July 15, 2020, 45 TexReg 4780