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:
“YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO REQUEST THE APPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT [ADDRESS], [TELEPHONE NUMBER]. IF YOU APPEAR IN OPPOSITION TO THE SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY, THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU.”

(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).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 104, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 752, Sec. 2, eff. June 17, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 15, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 34, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 849, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(m), eff. Sept. 1, 2003.
Amended by:
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.

Source: Section 262.102 — Emergency Order Authorizing Possession of Child, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­262.­htm#262.­102 (accessed Mar. 23, 2024).

262.001
Authorized Actions by Governmental Entity
262.002
Jurisdiction
262.003
Civil Liability
262.004
Accepting Voluntary Delivery of Possession of Child
262.005
Filing Petition After Accepting Voluntary Delivery of Possession of Child
262.006
Living Child After Abortion
262.007
Possession and Delivery of Missing Child
262.008
Abandoned Children
262.009
Temporary Care of Child Taken into Possession
262.010
Child with Sexually Transmitted Disease
262.011
Placement in Secure Agency Foster Home
262.012
Sealing of Court Records Filed Electronically
262.013
Voluntary Temporary Managing Conservatorship
262.014
Disclosure of Certain Evidence
262.015
Filing Requirement for Petition Regarding More than One Child
262.0022
Review of Placement
262.101
Filing Petition Before Taking Possession of Child
262.102
Emergency Order Authorizing Possession of Child
262.103
Duration of Temporary Order, Temporary Restraining Order, and Attachment
262.104
Taking Possession of a Child in Emergency Without a Court Order
262.105
Filing Petition After Taking Possession of Child in Emergency
262.106
Initial Hearing After Taking Possession of Child in Emergency Without Court Order
262.107
Standard for Decision at Initial Hearing After Taking Possession of Child Without a Court Order in Emergency
262.108
Unacceptable Facilities for Housing Child
262.109
Notice to Parent, Conservator, or Guardian
262.110
Taking Possession of Child in Emergency with Intent to Return Home
262.112
Expedited Hearing and Appeal
262.114
Evaluation of Identified Relatives and Other Designated Individuals
262.115
Visitation with Certain Children
262.116
Limits on Removal
262.201
Full Adversary Hearing
262.202
Identification of Court of Continuing, Exclusive Jurisdiction
262.203
Transfer of Suit
262.204
Temporary Order in Effect Until Superseded
262.206
Ex Parte Hearings
262.301
Definitions
262.302
Accepting Possession of Certain Abandoned Children
262.303
Notification of Possession of Abandoned Child
262.304
Filing Petition After Accepting Possession of Abandoned Child
262.305
Report to Law Enforcement Agency
262.306
Notice
262.307
Reimbursement for Care of Abandoned Child
262.308
Confidentiality
262.309
Search for Relatives Not Required
262.351
Definitions
262.352
Joint Managing Conservatorship of Child
262.353
Procedure for Relinquishing Child to Obtain Services
262.401
Definitions
262.402
Pilot Program for Family Preservation Services
262.403
Court Order Required
262.404
Filing Suit
262.405
Ad Litem Appointments
262.406
Court Order
262.407
Family Preservation Services Plan
262.408
Family Preservation Services Plan: Signing and Effect
262.409
Amended Family Preservation Services Plan
262.410
Court Implementation of Family Preservation Services Plan
262.411
Selection of Service Provider
262.412
Status Hearing
262.413
Extension of Order
262.414
Expiration of Order
262.415
Contract for Services
262.416
Limit on Finance of Services
262.417
Report to Legislature
262.1015
Removal of Alleged Perpetrator
262.1016
Agreed Order for Removal of Alleged Perpetrator
262.1095
Information Provided to Relatives and Certain Individuals
262.2015
Aggravated Circumstances
262.3025
Newborn Safety Device

Accessed:
Mar. 23, 2024

§ 262.102’s source at texas​.gov