Texas Family Code

§ 262.201 — FULL ADVERSARY HEARING; FINDINGS OF THE COURT

FA § 262.201Title 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. C. ADVERSARY HEARING

Statute text

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(a)In a suit filed under Section 262.101 or 262.105, unless the child has already been returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession and the temporary order, if any, has been dissolved, a full adversary hearing shall be held not later than the 14th day after the date the child was taken into possession by the governmental entity, unless the court grants an extension under Subsection (e) or (e-1).

(b)Repealed by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021.

(c)Before commencement of the full adversary hearing, the court must inform each parent not represented by an attorney of:

(1)the right to be represented by an attorney; and

(2)if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney.

(d)If a parent claims indigence and requests the appointment of an attorney before the full adversary hearing, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the appointment of an attorney for the parent is requested, the court shall make a determination of indigence before commencement of the full adversary hearing. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent.

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Legislative history

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.34(a), eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 856 (S.B. 2385), Sec. 2, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 9, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.163, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 128 (S.B. 1931), Sec. 3, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 4, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 697 (H.B. 825), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 20, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 13, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.004, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 7, eff. June 14, 2019. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 7, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 7, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 6, eff. September 1, 2023.