Tex. Fam. Code Section 262.106
Initial Hearing After Taking Possession of Child in Emergency Without Court Order

(a)

The court in which a suit has been filed after a child has been taken into possession without a court order by a governmental entity shall hold an initial hearing on or before the first business day after the date the child is taken into possession. The court shall render orders that are necessary to protect the physical health and safety of the child. If the court is unavailable for a hearing on the first business day, then, and only in that event, the hearing shall be held no later than the first business day after the court becomes available, provided that the hearing is held no later than the third business day after the child is taken into possession.

(b)

The initial hearing may be ex parte and proof may be by sworn petition or affidavit if a full adversary hearing is not practicable.

(c)

If the initial hearing is not held within the time required, the child shall be returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child.

(d)

For the purpose of determining under Subsection (a) the first business day after the date the child is taken into possession, the child is considered to have been taken into possession by the Department of Family and Protective Services on the expiration of the five-day period permitted under Section 262.007 (Possession and Delivery of Missing Child)(c) or 262.110 (Taking Possession of Child in Emergency with Intent to Return Home)(b), as appropriate.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 16, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 35, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.159, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 9, eff. September 1, 2017.

Source: Section 262.106 — Initial Hearing After Taking Possession of Child in Emergency Without Court Order, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­262.­htm#262.­106 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 262.106’s source at texas​.gov