Texas Family Code

§ 262.102 — EMERGENCY ORDER AUTHORIZING POSSESSION OF CHILD

FA § 262.102Title 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

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(a)Before a court may, without prior notice and a hearing, issue a temporary order for the conservatorship of a child under Section 105.001(a)(1) or a temporary restraining order or attachment of a child authorizing a governmental entity to take possession of a child in a suit brought by a governmental entity, the court must find 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 and the nature of the emergency, 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 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 7, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.155, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 6, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 5, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 3, eff. September 1, 2023.