§ 84.0068.Liability of Single Source Continuum Contractors or Certain Nonprofit Entities Providing Community-Based Care or Child Welfare Services

Title 4. Liability in Tort · Chapter 84. Charitable Immunity and Liability · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 84.0068 protects a community-based child welfare contractor from liability for its people's acts where it met five compliance requirements, unless the claimant shows non-compliance contributed to the harm.

Full Text of § 84.0068

Text sizeJump to: (a) (b) (c) (d) (e)

(a)This section applies only to an entity described by Section 264.170(a), Family Code.

(b)Subject to Subsection (c) and except as provided by Subsection (d), an entity may not be held liable for damages resulting from an act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity if, at the time of the act or omission giving rise to the claim, the entity has:

(1)conducted timely criminal background checks for the person as required by law;

(2)before hiring, contracting with, or otherwise enlisting the services of the person and then at least once every five years, confirmed the person is not listed in a state registry or database that indicates the person is ineligible to supervise or treat children;

(3)reported any known allegation of misconduct by the person as required by law;

(4)taken timely and proportionate administrative or personnel action in response to deficiency in the performance of duties by the person; and

(5)required the person to complete training for:

(A)child sexual abuse prevention at least once every five years; and

(B)the reporting of child abuse and neglect.

(c)An entity may be held vicariously liable by a claimant on the basis of services received from the entity for the act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity only if the claimant shows:

(1)the entity was not in substantial compliance with a requirement described by Subsection (b) at the time of the act or omission giving rise to the claim;

(2)the requirement was designed to prevent the specific type of harm alleged to have occurred; and

(3)the entity's failure to be in substantial compliance with the requirement was a contributing factor in bringing about the harm.

(d)Subsection (b) does not affect the liability of an entity for damages resulting from the gross negligence of the entity.

(e)This section may not be construed to limit:

(1)the liability of an entity for a claim otherwise authorized by state or federal law; or

(2)the ability of a governmental entity to take administrative, regulatory, or prosecutorial action against an entity described by Section 264.170(a), Family Code.

End

Plain-English Summary

A conditional protection for the contractors running Texas community-based foster care.

The section applies to a single source continuum contractor or nonprofit entity providing community-based care or child welfare services under the Family Code.

The entity may not be held liable for an act or omission of its employee, volunteer, or a caregiver providing services on its behalf if, at the time, the entity had:

conducted timely criminal background checks; confirmed before engagement and at least every five years that the person is not on a state registry of people ineligible to supervise or treat children; reported any known allegation of misconduct as required by law; taken timely and proportionate action in response to deficient performance; and required training in child sexual abuse prevention at least every five years and in reporting child abuse and neglect.

Subsection (c) states what a claimant must show to overcome it — three elements: the entity was not in substantial compliance with one of the requirements; that requirement was designed to prevent the specific type of harm alleged; and the failure was a contributing factor in bringing about the harm.

The second element is the distinctive one. A failure unrelated to the harm does not open the door — a lapse in the five-year registry recheck does not create liability for a car accident.

Subsection (d) preserves gross negligence claims against the entity, and subsection (e) confirms the section does not limit liability for a claim otherwise authorized by state or federal law, or a governmental entity's regulatory or prosecutorial action.

Frequently Asked Questions

Are foster care contractors protected from liability in Texas?

A single source continuum contractor or qualifying nonprofit may not be held liable for its people's acts if it met five compliance requirements, including background checks, registry confirmation, reporting, corrective action, and training.

How can a claimant overcome it?

By showing the entity was not in substantial compliance, that the requirement was designed to prevent the specific type of harm alleged, and that the failure was a contributing factor in the harm.

Does it cover gross negligence?

No. The protection does not affect liability for damages resulting from the entity's gross negligence.

Amendment History

Added by Acts 2025, 89th Leg., R.S., Ch. 839 (S.B. 1558), Sec. 1, eff. September 1, 2025.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source