Tex. Fam. Code Section 262.109
Notice to Parent, Conservator, or Guardian


(a)

The Department of Family and Protective Services or other agency must give written notice as prescribed by this section to each parent of the child or to the child’s conservator or legal guardian when a representative of the department or other agency takes possession of a child under this chapter.

(b)

The written notice must be given as soon as practicable, but in any event not later than the first business day after the date the child is taken into possession.

(c)

The written notice must include:

(1)

the reasons why the department or agency is taking possession of the child and the facts that led the department to believe that the child should be taken into custody;

(2)

the name of the person at the department or agency that the parent, conservator, or other custodian may contact for information relating to the child or a legal proceeding relating to the child;

(3)

a summary of legal rights of a parent, conservator, guardian, or other custodian under this chapter and an explanation of the probable legal procedures relating to the child; and

(4)

a statement that the parent, conservator, or other custodian has the right to hire an attorney.

(d)

The written notice may be waived by the court at the initial hearing:

(1)

on a showing that:

(A)

the parents, conservators, or other custodians of the child could not be located; or

(B)

the department took possession of the child under Subchapter D; or

(2)

for other good cause.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 76, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 1150, Sec. 17, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 36, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.160, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 11, eff. September 1, 2017.

Source: Section 262.109 — Notice to Parent, Conservator, or Guardian, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­262.­htm#262.­109 (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

§ 262.109’s source at texas​.gov