reglab/housing_qa huggingface dataset:
TX Fam Code § 262.015 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter A. General Provisions|Section 262.015. Filing Requirement for Petition Regarding More Than One Child

Sec. 262.015.  FILING REQUIREMENT FOR PETITION REGARDING MORE THAN ONE CHILD.  Each suit under this chapter based on allegations of abuse or neglect arising from the same incident or occurrence and involving children that live in the same home must be filed in the same court.|Added by Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 3, eff. September 1, 2017.Redesignated from Family Code, Section 262.013 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(15), eff. September 1, 2019.|
TX Fam Code § 262.101 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.101. Filing Petition Before Taking Possession of Child

Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF CHILD.  An original suit filed by a governmental entity that requests permission to take possession of a child without prior notice and a hearing must be supported by an affidavit sworn to by a person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:(1)  there is an immediate danger to the physical health or safety of the child or the child has been a victim of neglect or sexual abuse;(2)  continuation in the home would be contrary to the child's welfare;(3)  there is no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C; and(4)  reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 103, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 752, Sec. 1, eff. June 17, 1997;  Acts 1999, 76th Leg., ch. 1150, Sec. 14, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 33, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 849, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 4, eff. September 1, 2017.|
TX Fam Code § 262.103 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.103. Duration of Temporary Order, Temporary Restraining Order, and Attachment

Sec. 262.103.  DURATION OF TEMPORARY ORDER, TEMPORARY RESTRAINING ORDER, AND ATTACHMENT.  A temporary order, temporary restraining order, or attachment of the child issued under Section 262.102(a) expires not later than 14 days after the date it is issued unless it is extended as provided by the Texas Rules of Civil Procedure or Section 262.201(e).|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 8, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.156, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 7, eff. September 1, 2017.|
TX Fam Code § 262.105 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.105. Filing Petition After Taking Possession of Child in Emergency

Sec. 262.105.  FILING PETITION AFTER TAKING POSSESSION OF CHILD IN EMERGENCY.  (a)  When a child is taken into possession without a court order, the person taking the child into possession, without unnecessary delay, shall:(1)  file a suit affecting the parent-child relationship;(2)  request the court to appoint an attorney ad litem for the child; and(3)  request an initial hearing to be held by no later than the first business day after the date the child is taken into possession.(b)  An original suit filed by a governmental entity after taking possession of a child under Section 262.104 must be supported by an affidavit stating facts sufficient to satisfy a person of ordinary prudence and caution that:(1)  based on the affiant's personal knowledge or on information furnished by another person corroborated by the affiant's personal knowledge, one of the following circumstances existed at the time the child was taken into possession:(A)  there was an immediate danger to the physical health or safety of the child;(B)  the child was the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code;(C)  the parent or person who had possession of the child was using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constituted an immediate danger to the physical health or safety of the child; or(D)  the parent or person who had possession of the child permitted the child to remain on premises used for the manufacture of methamphetamine; and(2)  based on the affiant's personal knowledge:(A)  continuation of the child in the home would have been contrary to the child's welfare;(B)  there was no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C; and(C)  reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 809, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.158, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(13), eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 8, eff. September 1, 2017.|
TX Fam Code § 262.106 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.106. Initial Hearing After Taking Possession of Child in Emergency Without Court Order

Sec. 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(c) or 262.110(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.|
TX Fam Code § 262.107 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.107. Standard for Decision at Initial Hearing After Taking Possession of Child Without a Court Order in Emergency

Sec. 262.107.  STANDARD FOR DECISION AT INITIAL HEARING AFTER TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.  (a)  The court shall order the return of the child at the initial hearing regarding a child taken in possession without a court order by a governmental entity unless the court is satisfied that:(1)  the evidence shows that one of the following circumstances exists:(A)  there is a continuing danger to the physical health or safety of the child if the child is returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child;(B)  the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one or more occasions and that there is a substantial risk that the child will be the victim of sexual abuse or of trafficking in the future;(C)  the parent or person who has possession of the child is currently using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constitutes an immediate danger to the physical health or safety of the child; or(D)  the parent or person who has possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamine;(2)  continuation of the child in the home would be contrary to the child's welfare; and(3)  reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for removal of the child.(b)  In determining whether there is a continuing danger to the physical health or safety of a child, the court may consider whether the household to which the child would be returned includes a person who has:(1)  abused or neglected another child in a manner that caused serious injury to or the death of the other child;  or(2)  sexually abused another child.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 105, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 849, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 3, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 10, eff. September 1, 2017.|
TX Fam Code § 262.108 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.108. Unacceptable Facilities for Housing Child

Sec. 262.108.  UNACCEPTABLE FACILITIES FOR HOUSING CHILD.  When a child is taken into possession under this chapter, that child may not be held in isolation or in a jail, juvenile detention facility, or other secure detention facility.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1374, Sec. 9, eff. Sept. 1, 1997.|
TX Fam Code § 262.109 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.109. Notice to Parent, Conservator, or Guardian

Sec. 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.|
TX Fam Code § 262.110 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.110. Taking Possession of Child in Emergency With Intent to Return Home

Sec. 262.110.  TAKING POSSESSION OF CHILD IN EMERGENCY WITH INTENT TO RETURN HOME.  (a)  An authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take temporary possession of a child without a court order on discovery of a child in a situation of danger to the child's physical health or safety when the sole purpose is to deliver the child without unnecessary delay to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child.(b)  Until a parent or other person entitled to possession of the child takes possession of the child, the department may retain possession of the child without a court order for not more than five days.  On the expiration of the fifth day, if a parent or other person entitled to possession does not take possession of the child, the department shall take action under this chapter as if the department took possession of the child under Section 262.104.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 18, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 37, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.161, eff. April 2, 2015.|
TX Fam Code § 262.112 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.112. Expedited Hearing and Appeal

Sec. 262.112.  EXPEDITED HEARING AND APPEAL.  (a)  The Department of Family and Protective Services is entitled to an expedited hearing under this chapter in any proceeding in which a hearing is required if the department determines that a child should be removed from the child's home because of an immediate danger to the physical health or safety of the child.(b)  In any proceeding in which an expedited hearing is held under Subsection (a), the department, parent, guardian, or other party to the proceeding is entitled to an expedited appeal on a ruling by a court that the child may not be removed from the child's home.(c)  If a child is returned to the child's home after a removal in which the department was entitled to an expedited hearing under this section and the child is the subject of a subsequent allegation of abuse or neglect, the department or any other interested party is entitled to an expedited hearing on the removal of the child from the child's home in the manner provided by Subsection (a) and to an expedited appeal in the manner provided by Subsection (b).|Added by Acts 1995, 74th Leg., ch. 943, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Family Code Sec. 262.111 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(29), eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.162, eff. April 2, 2015.|
TX Fam Code § 262.115 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter B. Taking Possession of Child|Section 262.115. Visitation With Certain Children; Temporary Visitation Schedule

Sec. 262.115.  VISITATION WITH CERTAIN CHILDREN; TEMPORARY VISITATION SCHEDULE.  (a)  In this section, "department" means the Department of Family and Protective Services.(b)  This section applies only to a child:(1)  who is in the temporary managing conservatorship of the department; and(2)  for whom the department's goal is reunification of the child with the child's parent.(c)  The department shall ensure that a parent who is otherwise entitled to possession of the child has an opportunity to visit the child not later than the fifth day after the date the department is named temporary managing conservator of the child unless:(1)  the department determines that visitation is not in the child's best interest; or(2)  visitation with the parent would conflict with a court order relating to possession of or access to the child.(d)  Before a hearing conducted under Subchapter C, the department in collaboration with each parent of the child must develop a temporary visitation schedule for the child's visits with each parent.  The visitation schedule may conform to the department's minimum visitation policies.  The department shall consider the factors listed in Section 263.107(c) in developing the temporary visitation schedule.  Unless modified by court order, the schedule remains in effect until a visitation plan is developed under Section 263.107.(e)  The department may include the temporary visitation schedule in any report the department submits to the court before or during a hearing under Subchapter C.  The court may render any necessary order regarding the temporary visitation schedule.|Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 25, eff. September 1, 2015.|
TX Fam Code § 262.202 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter C. Adversary Hearing|Section 262.202. Identification of Court of Continuing, Exclusive Jurisdiction

Sec. 262.202.  IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE JURISDICTION.  If at the conclusion of the full adversary hearing the court renders a temporary order, the governmental entity shall request identification of a court of continuing, exclusive jurisdiction as provided by Chapter 155.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|See note following this section.
TX Fam Code § 262.204 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter C. Adversary Hearing|Section 262.204. Temporary Order in Effect Until Superseded

Sec. 262.204.  TEMPORARY ORDER IN EFFECT UNTIL SUPERSEDED.  (a)  A temporary order rendered under this chapter is valid and enforceable until properly superseded by a court with jurisdiction to do so.(b)  A court to which the suit has been transferred may enforce by contempt or otherwise a temporary order properly issued under this chapter.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|See note following this section.
TX Fam Code § 262.206 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter C. Adversary Hearing|Section 262.206. Ex Parte Hearings Prohibited

Sec. 262.206.  EX PARTE HEARINGS PROHIBITED.  Unless otherwise authorized by this chapter or other law, a hearing held by a court in a suit under this chapter may not be ex parte.Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 74, which states: Subchapter F, Chapter 261, Family Code, as added by this Act, Section 262.206, Family Code, as added by this Act, Section 572.001, Health and Safety Code, as amended by this Act, and Section 25.07(a), Penal Code, as amended by this Act, take effect only if a specific appropriation for the implementation of those sections is provided in a general appropriations act of the 85th Legislature.|Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 22, eff. September 1, 2017.|