Tex.
Fam. Code Section 262.201
Full Adversary Hearing; Findings of the Court
(a)
In a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency), unless the child has already been returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession and the temporary order, if any, has been dissolved, a full adversary hearing shall be held not later than the 14th day after the date the child was taken into possession by the governmental entity, unless the court grants an extension under Subsection (e) or (e-1).(b)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021.(c)
Before commencement of the full adversary hearing, the court must inform each parent not represented by an attorney of:(1)
the right to be represented by an attorney; and(2)
if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney.(d)
If a parent claims indigence and requests the appointment of an attorney before the full adversary hearing, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent’s income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent’s dependents. If the appointment of an attorney for the parent is requested, the court shall make a determination of indigence before commencement of the full adversary hearing. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent.(e)
The court may, for good cause shown, postpone the full adversary hearing for not more than seven days from the date of the attorney’s appointment to provide the attorney time to respond to the petition and prepare for the hearing. The court may shorten or lengthen the extension granted under this subsection if the parent and the appointed attorney agree in writing. If the court postpones the full adversary hearing, the court shall extend a temporary order, temporary restraining order, or attachment issued by the court under Section 262.102 (Emergency Order Authorizing Possession of Child)(a) for the protection of the child until the date of the rescheduled full adversary hearing.(e-1)
If a parent who is not indigent appears in opposition to the suit, the court may, for good cause shown, postpone the full adversary hearing for not more than seven days from the date of the parent’s appearance to allow the parent to hire an attorney or to provide the parent’s attorney time to respond to the petition and prepare for the hearing. A postponement under this subsection is subject to the limits and requirements prescribed by Subsection (e) and Section 155.207 (Transfer of Court Files).(f)
The court shall ask all parties present at the full adversary hearing whether the child or the child’s family has a Native American heritage and identify any Native American tribe with which the child may be associated.(g)
In a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency), at the conclusion of the full adversary hearing, the court shall order the return of the child to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession from whom the child is removed unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:(1)
there was a danger to the physical health or safety of the child, including a danger that the child would be a victim of trafficking under Section 20A.02 (Trafficking of Persons) or 20A.03 (Continuous Trafficking of Persons), Penal Code, which was caused by an act or failure to act of the person entitled to possession and for the child to remain in the home is contrary to the welfare of the child;(2)
the urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child’s removal; and(3)
reasonable efforts have been made to enable the child to return home, but there is a substantial risk of a continuing danger if the child is returned home.(g-1)
In a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency), if the court does not order the return of the child under Subsection (g) and finds that another parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession did not cause the immediate danger to the physical health or safety of the child or was not the perpetrator of the neglect or abuse alleged in the suit, the court shall order possession of the child by that person unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that, specific to each person entitled to possession:(1)
the person cannot be located after the exercise of due diligence by the Department of Family and Protective Services, or the person is unable or unwilling to take possession of the child; or(2)
reasonable efforts have been made to enable the person’s possession of the child, but possession by that person presents a continuing danger to the physical health or safety of the child caused by an act or failure to act of the person, including a danger that the child would be a victim of trafficking under Section 20A.02 (Trafficking of Persons) or 20A.03 (Continuous Trafficking of Persons), Penal Code.(g-2)
If, at the conclusion of a full adversary hearing, the court renders an order under Subsection (g) or (g-1), the court must describe in writing and in a separate section:(1)
the reasonable efforts that were made to enable the child to return home and the substantial risk of a continuing danger if the child is returned home, as required by Subsection (g)(3); or(2)
the reasonable efforts that were made to enable a person’s possession of the child and the continuing danger to the physical health or safety of the child as required by Subsection (g-1)(2).(h)
In a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency), if the court finds sufficient evidence to make the applicable finding under Subsection (g) or (g-1), the court shall issue an appropriate temporary order under Chapter 105 (Settings, Hearings, and Orders).(i)
In determining whether there is a continuing danger to the physical health or safety of the child under Subsection (g), the court may consider whether the household to which the child would be returned includes a person who:(1)
has abused or neglected another child in a manner that caused serious injury to or the death of the other child; or(2)
has sexually abused another child.(i-1)
In making a determination whether there is an immediate danger to the physical health or safety of a child, the court shall consider the opinion of a medical professional obtained by the child’s parent, managing conservator, possessory conservator, guardian, caretaker, or custodian.(j)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021.(k)
If the court finds that the child requires protection from family violence, as that term is defined by Section 71.004 (Family Violence), by a member of the child’s family or household, the court shall render a protective order for the child under Title 4.(l)
The court shall require each parent, alleged father, or relative of the child before the court to complete the proposed child placement resources form provided under Section 261.307 (Information Relating to Investigation Procedure and Child Placement Resources) and file the form with the court, if the form has not been previously filed with the court, and provide the Department of Family and Protective Services with information necessary to locate any other absent parent, alleged father, or relative of the child. The court shall inform each parent, alleged father, or relative of the child before the court that the person’s failure to submit the proposed child placement resources form will not delay any court proceedings relating to the child.(l-1)
The court shall ask all parties present at the full adversary hearing whether:(1)
the child has had the opportunity, in a developmentally appropriate manner, to identify any adult, particularly an adult residing in the child’s community, who could be a relative or designated caregiver for the child; and(2)
each individual identified by the child as a potential relative or designated caregiver is listed on the proposed child placement resources form.(m)
The court shall inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment.(n)
If the court does not order possession of a child by a parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession under Subsection (g) or (g-1), the court shall place the child with a relative of the child unless the court finds that the placement with a relative is not in the best interest of the child.(n-1)
For a child placed with a relative of the child, the court shall inform the relative of:(1)
the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and(2)
the permanency care assistance program under Subchapter K (Definitions), Chapter 264 (Child Welfare Services).(o)
When citation by publication is needed for a parent or alleged or probable father in an action brought under this chapter because the location of the parent, alleged father, or probable father is unknown, the court may render a temporary order without delay at any time after the filing of the action without regard to whether notice of the citation by publication has been published.(p)
For the purpose of determining under Subsection (a) the 14th day after the date the child is taken into possession, a 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.(q)
On receipt of a written request for possession of the child from a parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession of the child who was not located before the adversary hearing, the Department of Family and Protective Services shall notify the court and request a hearing to determine whether the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian is entitled to possession of the child under Subsection (g-1).
Source:
Section 262.201 — Full Adversary Hearing; Findings of the Court, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm#262.201 (accessed Apr. 20, 2024).
