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Texas Family Code - FAM § 262.101. Filing Petition Before Taking Possession of Child

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section as amended by Acts 2023, 88th Leg., ch. 672 (H.B. 968), § 1, eff. Sept. 1, 2023. See , also, text of § 262.101 as amended by Acts 2023, 88th Leg., ch. 675 (H.B. 1087), § 2, eff. Sept. 1, 2023. >

(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:

(A) was offered but refused;

(B) was not possible because there was no time, consistent with the physical health or safety of the child and the nature of the emergency, to conduct the caregiver evaluation; or

(C) would pose an immediate danger to the physical health or safety of the child; and

(6) reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child.

(b) The affidavit required by Subsection (a) must describe all reasonable efforts that were made to prevent or eliminate the need for the removal of the child.

<Text of section as amended by Acts 2023, 88th Leg., ch. 675 (H.B. 1087), § 2, eff. Sept. 1, 2023. See , also, text of § 262.101 as amended by Acts 2023, 88th Leg., ch. 672 (H.B. 968), § 1, eff. Sept. 1, 2023. >

(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; and

(4) reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child.

(b) The affidavit required by Subsection (a) must describe with specificity in a separate section all reasonable efforts, consistent with the circumstances and providing for the safety of the child, that were made to prevent or eliminate the need for the removal of the child.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 262.101. Filing Petition Before Taking Possession of Child - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-262-101/

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