Tex.
Fam. Code Section 262.105
Filing Petition After Taking Possession of Child in Emergency
(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 (Taking Possession of a Child in Emergency Without a Court Order) 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:(A)
there was an immediate danger to the physical health or safety of the child;(B)
the child was the victim of sexual abuse or of trafficking under Section 20A.02 (Trafficking of Persons) or 20A.03 (Continuous Trafficking of Persons), Penal Code;(C)
the parent or person who had possession of the child was using a controlled substance as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, and the use constituted an immediate danger to the physical health or safety of the child; or(D)
the parent or person who had possession of the child permitted the child to remain on premises used for the manufacture of methamphetamine; and(2)
based on the affiant’s personal knowledge:(A)
continuation of the child in the home would have been contrary to the child’s welfare;(B)
there was no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C;(C)
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;(D)
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):(i)
was offered but refused;(ii)
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(iii)
would pose an immediate danger to the physical health or safety of the child; and(E)
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.(c)
The affidavit required by Subsection (b) must describe all reasonable efforts that were made to prevent or eliminate the need for the removal of the child.(c)
The affidavit required by Subsection (b) 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.
Source:
Section 262.105 — Filing Petition After Taking Possession of Child in Emergency, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm#262.105 (accessed Jun. 5, 2024).
