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.
Source:
Section 262.2015 — Aggravated Circumstances, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm#262.2015 (accessed Jun. 5, 2024).
