Tex.
Fam. Code Section 262.102
Emergency Order Authorizing Possession of Child
(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 (Temporary Orders Before Final Order)(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 (Removal of Alleged Perpetrator; Offense) or 262.1016 (Agreed Order for Removal of Alleged Perpetrator) 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 (Definitions), Chapter 264 (Child Welfare Services):(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 removal of the child.(b)
In determining whether there is an immediate danger to the physical health or safety of a child, the court may consider whether the child’s household includes a person who has:(1)
abused or neglected another child in a manner that caused serious injury to or the death of the other child; or(2)
sexually abused another child.(b-1)
A determination under this section that there is an immediate danger to the physical health or safety of a child or that the child has been a victim of neglect or sexual abuse may not be based solely on the opinion of a medical professional under contract with the Department of Family and Protective Services who did not conduct a physical examination of the child.(c)
If, based on the recommendation of or a request by the Department of Family and Protective Services, the court finds that child abuse or neglect has occurred and that the child requires protection from family violence by a member of the child’s family or household, the court shall render a temporary order under Title 4 for the protection of the child. In this subsection, “family violence” has the meaning assigned by Section 71.004 (Family Violence).(d)
The temporary order, temporary restraining order, or attachment of a child rendered by the court under Subsection (a) must contain the following statement prominently displayed in boldface type, capital letters, or underlined:(e)
The temporary order, temporary restraining order, or attachment of a child rendered by the court under Subsection (a) must describe with specificity in a separate section the 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 as required by Subsection (a)(4).
Source:
Section 262.102 — Emergency Order Authorizing Possession of Child, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm#262.102 (accessed Jun. 5, 2024).
