Summary of Perry v. S.N. and S.N., Texas Supreme Court, 1998, 973 S.W.2d 301.
This suit was filed for injuries sustained by plaintiffs children at a day care center operated by Francis Keller and her husband Daniel Keller. The parents are suing friends of the owners for witnessing child abuse and failing to report it to the authorities. The issue is whether or not section 261.109 of the Family Code is an appropriate basis for tort liability. The court stating it is not. The reasoning is that section 261.109 of the Family Code can be used in a criminal action, it can not be used in civil court.