Tex. Fam. Code Section 262.2015
Aggravated Circumstances


(a)

The court may waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to a parent and may accelerate the trial schedule to result in a final order for a child under the care of the Department of Family and Protective Services at an earlier date than provided by Subchapter D (Child’s Attendance at Hearing), Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services), if the court finds that the parent has subjected the child to aggravated circumstances.

(b)

The court may find under Subsection (a) that a parent has subjected the child to aggravated circumstances if:

(1)

the parent abandoned the child without identification or a means for identifying the child;

(2)

the child or another child of the parent is a victim of serious bodily injury or sexual abuse inflicted by the parent or by another person with the parent’s consent;

(3)

the parent has engaged in conduct against the child or another child of the parent that would constitute an offense under the following provisions of the Penal Code:

(A)

Section 19.02 (Murder) (murder);

(B)

Section 19.03 (Capital Murder) (capital murder);

(C)

Section 19.04 (Manslaughter) (manslaughter);

(D)

Section 21.11 (Indecency with a Child) (indecency with a child);

(E)

Section 22.011 (Sexual Assault) (sexual assault);

(F)

Section 22.02 (Aggravated Assault) (aggravated assault);

(G)

Section 22.021 (Aggravated Sexual Assault) (aggravated sexual assault);

(H)

Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) (injury to a child, elderly individual, or disabled individual);

(I)

Section 22.041 (Abandoning or Endangering a Child, Elderly Individual, or Disabled Individual) (abandoning or endangering a child, elderly individual, or disabled individual);

(J)

Section 25.02 (Prohibited Sexual Conduct) (prohibited sexual conduct);

(K)

Section 43.25 (Sexual Performance by a Child) (sexual performance by a child);

(L)

Section 43.26 (Possession or Promotion of Child Pornography) (possession or promotion of child pornography);

(M)

Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (continuous sexual abuse of young child or disabled individual);

(N)

Section 43.05 (Compelling Prostitution)(a)(2) (compelling prostitution); or

(O)

Section 20A.02 (Trafficking of Persons)(a)(7) or (8) (trafficking of persons);

(4)

the parent voluntarily left the child alone or in the possession of another person not the parent of the child for at least six months without expressing an intent to return and without providing adequate support for the child;

(5)

the parent has been convicted for:

(A)

the murder of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1111(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;

(B)

the voluntary manslaughter of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1112(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;

(C)

aiding or abetting, attempting, conspiring, or soliciting an offense under Paragraph (A) or (B); or

(D)

the felony assault of the child or another child of the parent that resulted in serious bodily injury to the child or another child of the parent; or

(6)

the parent is required under any state or federal law to register with a sex offender registry.

(c)

On finding that reasonable efforts to make it possible for the child to safely return to the child’s home are not required, the court shall at any time before the 30th day after the date of the finding, conduct an initial permanency hearing under Subchapter D, Chapter 263. Separate notice of the permanency plan is not required but may be given with a notice of a hearing under this section.

(d)

The Department of Family and Protective Services shall make reasonable efforts to finalize the permanent placement of a child for whom the court has made the finding described by Subsection (c). The court shall set the suit for trial on the merits as required by Subchapter D, Chapter 263, in order to facilitate final placement of the child.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 79, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 40, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 849, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.35, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.33, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.04, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.164, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 26, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.19, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 831 (H.B. 2924), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 6, eff. September 1, 2023.

Source: Section 262.2015 — Aggravated Circumstances, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­262.­htm#262.­2015 (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

§ 262.2015’s source at texas​.gov