Texas Family Code
§ 262.101 — FILING PETITION BEFORE TAKING POSSESSION OF CHILD
FA § 262.101Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD · Art. B. TAKING POSSESSION OF CHILD
Statute text
View on source(a)An original suit filed by a governmental entity that requests permission to take possession of a child without prior notice and a hearing must be supported by an affidavit sworn to by a person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:
(1)there is an immediate danger to the physical health or safety of the child or the child has been a victim of neglect or sexual abuse;
(2)continuation in the home would be contrary to the child's welfare;
(3)there is no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C;
(4)the child would not be adequately protected in the child's home with an order for the removal of the alleged perpetrator under Section 262.1015 or 262.1016 or a protective order issued under Title 4;
(5)placing the child with a relative or designated caregiver or with a caregiver under a parental child safety placement agreement authorized by Subchapter L, Chapter 264:
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 4, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 2, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 7.003, eff. September 1, 2025.