Texas Family Code
§ 262.105 — FILING PETITION AFTER TAKING POSSESSION OF CHILD IN EMERGENCY
FA § 262.105Title 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)When a child is taken into possession without a court order, the person taking the child into possession, without unnecessary delay, shall:
(1)file a suit affecting the parent-child relationship;
(2)request the court to appoint an attorney ad litem for the child; and
(3)request an initial hearing to be held by no later than the first business day after the date the child is taken into possession.
(b)An original suit filed by a governmental entity after taking possession of a child under Section 262.104 must be supported by an affidavit stating facts sufficient to satisfy a person of ordinary prudence and caution that:
(1)based on the affiant's personal knowledge or on information furnished by another person corroborated by the affiant's personal knowledge, one of the following circumstances existed at the time the child was taken into possession:
…
Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.158, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(13), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 8, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 4, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 7.004, eff. September 1, 2025.