reglab/housing_qa huggingface dataset:
TX Fam Code § 262.301 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.301. Definitions

Sec. 262.301.  DEFINITIONS.  In this chapter:(1)  "Designated emergency infant care provider" means:(A)  an emergency medical services provider;(B)  a hospital;(C)  a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or(D)  a child-placing agency licensed by the Department of Family and Protective Services under Chapter 42, Human Resources Code, that:(i)  agrees to act as a designated emergency infant care provider under this subchapter; and(ii)  has on staff a person who is licensed as a registered nurse under Chapter 301, Occupations Code, or who provides emergency medical services under Chapter 773, Health and Safety Code, and who will examine and provide emergency medical services to a child taken into possession by the agency under this subchapter.(2)  "Emergency medical services provider" has the meaning assigned that term by Section 773.003, Health and Safety Code.|Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.165, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 260 (S.B. 1279), Sec. 1, eff. September 1, 2015.|
TX Fam Code § 262.302 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.302. Accepting Possession of Certain Abandoned Children

Sec. 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN.  (a)  A designated emergency infant care provider shall, without a court order, take possession of a child who appears to be 60 days old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.(b)  A designated emergency infant care provider who takes possession of a child under this section has no legal duty to detain or pursue the parent and may not do so unless the child appears to have been abused or neglected.  The designated emergency infant care provider has no legal duty to ascertain the parent's identity and the parent may remain anonymous.  However, the parent may be given a form for voluntary disclosure of the child's medical facts and history.(c)  A designated emergency infant care provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.  The designated emergency infant care provider is not liable for damages related to the provider's taking possession of, examining, or treating the child, except for damages related to the provider's negligence.|Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.|
TX Fam Code § 262.303 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.303. Notification of Possession of Abandoned Child

Sec. 262.303.  NOTIFICATION OF POSSESSION OF ABANDONED CHILD.  (a)  Not later than the close of the first business day after the date on which a designated emergency infant care provider takes possession of a child under Section 262.302, the provider shall notify the Department of Family and Protective Services that the provider has taken possession of the child.(b)  The department shall assume the care, control, and custody of the child immediately on receipt of notice under Subsection (a).|Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.166, eff. April 2, 2015.|
TX Fam Code § 262.304 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.304. Filing Petition After Accepting Possession of Abandoned Child

Sec. 262.304.  FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED CHILD.  A child for whom the Department of Family and Protective Services assumes care, control, and custody under Section 262.303 shall be treated as a child taken into possession without a court order, and the department shall take action as required by Section 262.105 with regard to the child.|Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.167, eff. April 2, 2015.|
TX Fam Code § 262.305 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.305. Report to Law Enforcement Agency; Investigation

Sec. 262.305.  REPORT TO LAW ENFORCEMENT AGENCY;  INVESTIGATION.  (a)  Immediately after assuming care, control, and custody of a child under Section 262.303, the Department of Family and Protective Services shall report the child to appropriate state and local law enforcement agencies as a potential missing child.(b)  A law enforcement agency that receives a report under Subsection (a) shall investigate whether the child is reported as missing.|Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.168, eff. April 2, 2015.|
TX Fam Code § 262.306 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.306. Notice

Sec. 262.306.  NOTICE.  Each designated emergency infant care provider shall post in a conspicuous location a notice stating that the provider is a designated emergency infant care provider location and will accept possession of a child in accordance with this subchapter.|Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.|
TX Fam Code § 262.307 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.307. Reimbursement for Care of Abandoned Child

Sec. 262.307.  REIMBURSEMENT FOR CARE OF ABANDONED CHILD.  The Department of Family and Protective Services shall reimburse a designated emergency infant care provider that takes possession of a child under Section 262.302 for the cost to the provider of assuming the care, control, and custody of the child.|Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.169, eff. April 2, 2015.|
TX Fam Code § 262.308 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.308. Confidentiality

Sec. 262.308.  CONFIDENTIALITY.  (a)  All identifying information, documentation, or other records regarding a person who voluntarily delivers a child to a designated emergency infant care provider under this subchapter is confidential and not subject to release to any individual or entity except as provided by Subsection (b).(b)  Any pleading or other document filed with a court under this subchapter is confidential, is not public information for purposes of Chapter 552, Government Code, and may not be released to a person other than to a party in a suit regarding the child, the party's attorney, or an attorney ad litem or guardian ad litem appointed in the suit.(c)  In a suit concerning a child for whom the Department of Family and Protective Services assumes care, control, and custody under this subchapter, the court shall close the hearing to the public unless the court finds that the interests of the child or the public would be better served by opening the hearing to the public.(d)  Unless the disclosure, receipt, or use is permitted by this section, a person commits an offense if the person knowingly discloses, receives, uses, or permits the use of information derived from records or files described by this section or knowingly discloses identifying information concerning a person who voluntarily delivers a child to a designated emergency infant care provider.  An offense under this subsection is a Class B misdemeanor.|Added by Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 1, eff. September 1, 2005.|
TX Fam Code § 262.309 (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 D. Emergency Possession of Certain Abandoned Children|Section 262.309. Search for Relatives Not Required

Sec. 262.309.  SEARCH FOR RELATIVES NOT REQUIRED.  The Department of Family and Protective Services is not required to conduct a search for the relatives of a child for whom the department assumes care, control, and custody under this subchapter.|Added by Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 1, eff. September 1, 2005.|
TX Fam Code § 262.351 (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 E. Relinquishing Child to Obtain Certain Services|Section 262.351. Definitions

Sec. 262.351.  DEFINITIONS.  In this subchapter:(1)  "Commission" means the Health and Human Services Commission.(1-a) "Department" means the Department of Family and Protective Services.(1-b) "Relinquishment avoidance program" means the Health and Human Services Commission's program that provides mental health services to a child with a severe emotional disturbance without the child entering the managing conservatorship of the department.(2)  "Severe emotional disturbance" has the meaning assigned by Section 261.001.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 3, eff. September 1, 2013.Amended by: Acts 2021, 87th Leg., R.S., Ch. 579 (S.B. 642), Sec. 1, eff. June 14, 2021.|
TX Fam Code § 262.352 (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 E. Relinquishing Child to Obtain Certain Services|Section 262.352. Joint Managing Conservatorship of Child

Sec. 262.352.  JOINT MANAGING CONSERVATORSHIP OF CHILD.  (a)  Before the department files a suit affecting the parent-child relationship requesting managing conservatorship of a child who suffers from a severe emotional disturbance in order to obtain mental health services for the child, the department must, unless it is not in the best interest of the child, discuss with the child's parent or legal guardian the option of seeking a court order for joint managing conservatorship of the child with the department.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1142 (S.B. 44), Sec. 3, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 432 (S.B. 1889), Sec. 3, eff. September 1, 2015.|
TX Fam Code § 262.353 (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 E. Relinquishing Child to Obtain Certain Services|Section 262.353. Procedure for Relinquishing Child to Obtain Services

Sec. 262.353.  PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES.  (a)  The commission may not require the department to conduct a child abuse or neglect investigation before allowing a child to participate in the relinquishment avoidance program unless there is an allegation of abuse or neglect of the child.(b)  A local mental or behavioral health authority may refer a child directly to the relinquishment avoidance program without first contacting the department.(c)  The department and the commission shall:(1)  jointly adopt comprehensive guidance for providers and families that describes:(A)  how to access services under the relinquishment avoidance program; and(B)  the child's and family's rights when the child's parent or legal guardian:(i)  relinquishes the child in order to obtain mental health services for the child; or(ii)  accesses services under the relinquishment avoidance program;(2)  publish the information described by Subdivision (1) on the agency's Internet website; and(3)  make the information described by Subdivision (1) available to caseworkers and families with a child who has a severe emotional disturbance.(d)  The department and the commission shall jointly adopt clear and concise protocols for families at risk of relinquishing a child for the sole purpose of accessing mental health services for the child.  The protocols must:(1)  include procedures for determining eligibility for the relinquishment avoidance program, including emergency eligibility procedures for children who are at immediate risk of relinquishment;(2)  include procedures for applying for the relinquishment avoidance program;(3)  identify who will manage the case of a family eligible for the relinquishment avoidance program;(4)  identify the funding and resources for the relinquishment avoidance program; and(5)  identify the role of each party involved in the relinquishment avoidance program, including the department, the commission, contracted residential treatment centers, and local mental and behavioral health authorities.(e)  The department and local mental and behavioral health authorities shall follow the protocols adopted under Subsection (d).|Added by Acts 2021, 87th Leg., R.S., Ch. 579 (S.B. 642), Sec. 2, eff. June 14, 2021.|
TX Fam Code § 262.401 (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 F. Family Preservation Services Pilot Program|Section 262.401. Definitions

Sec. 262.401.  DEFINITIONS.  In this subchapter:(1)  "Child who is a candidate for foster care" means a child who is at imminent risk of being removed from the child's home and placed into the conservatorship of the department because of a continuing danger to the child's physical health or safety caused by an act or failure to act of a person entitled to possession of the child but for whom a court of competent jurisdiction has issued an order allowing the child to remain safely in the child's home or in a kinship placement with the provision of family preservation services.(2)  "Department" means the Department of Family and Protective Services.(3)  "Family preservation service" means a time-limited, family-focused service, including a service subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to the family of a child who is:(A)  a candidate for foster care to prevent or eliminate the need to remove the child and to allow the child to remain safely with the child's family; or(B)  a pregnant or parenting foster youth.(4)  "Family preservation services plan" means a written plan, based on a professional assessment, listing the family preservation services, including services subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123), to be provided to the family of a child who is:(A)  a candidate for foster care; or(B)  a pregnant or parenting foster youth.(5)  "Foster care" means substitute care as defined by Section 263.001.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.402 (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 F. Family Preservation Services Pilot Program|Section 262.402. Pilot Program for Family Preservation Services

Sec. 262.402.  PILOT PROGRAM FOR FAMILY PRESERVATION SERVICES.  (a)  The department shall establish a pilot program that allows the department to dispose of an investigation by referring the family of a child who is a candidate for foster care for family preservation services and allowing the child to return home instead of entering foster care or by providing services to a pregnant or parenting foster youth.  The department shall implement the pilot program in two child protective services regions in this state, one urban and one rural.(b)  The pilot program must be implemented in at least one child protective services region in this state in which community-based care has been implemented under Subchapter B-1, Chapter 264.(c)  In authorizing family preservation services for a child who is a candidate for foster care, the child's safety is the primary concern.  The services may be modified as necessary to accommodate the child's circumstances.(d)  In implementing the pilot program, the department shall use:(1)  Title IV-E funds to:(A)  pay for legal representation for parents in the manner provided by Section 107.015; or(B)  provide to counties a matching reimbursement for the cost of the legal representation; and(2)  funds received under the Temporary Assistance for Needy Families (TANF) program or other department funds to provide enhanced in-home support services to families qualifying for prevention services under this subchapter to achieve the objectives in the family preservation services plan.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.403 (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 F. Family Preservation Services Pilot Program|Section 262.403. Court Order Required

Sec. 262.403.  COURT ORDER REQUIRED.  (a)  Subject to Subsection (b), the department must obtain a court order from a court of competent jurisdiction to compel the family of a child who is a candidate for foster care to obtain family preservation services and complete the family preservation services plan.(b)  The department is not required to obtain a court order to provide family preservation services to a pregnant or parenting foster youth.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.404 (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 F. Family Preservation Services Pilot Program|Section 262.404. Filing Suit; Petition Requirements

Sec. 262.404.  FILING SUIT; PETITION REQUIREMENTS.  (a)  The department may file a suit requesting the court to render an order requiring the parent, managing conservator, guardian, or other member of the child's household to:(1)  participate in the family preservation services for which the department makes a referral or services the department provides or purchases to:(A)  alleviate the effects of the abuse or neglect that has occurred;(B)  reduce a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; or(C)  reduce a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household;(2)  permit the child and any siblings of the child to receive the services; and(3)  complete all actions and services required under the family preservation services plan.(b)  A suit requesting an order under this section may be filed in a court with jurisdiction to hear the suit in the county in which the child is located.(c)  Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.(d)  The petition for suit must be supported by:(1)  a sworn affidavit based on personal knowledge and stating facts sufficient to support a finding that:(A)  the child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and(B)  there is a continuing danger to the child's physical health or safety caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household unless that person participates in family preservation services requested by the department; and(2)  a safety risk assessment for the child that documents:(A)  the process for the child to remain at home with appropriate family preservation services instead of foster care;(B)  the specific reasons the department should provide family preservation services to the family; and(C)  the manner in which family preservation services will mitigate the risk of the child entering foster care.(e)  In a suit filed under this section, the court may render a temporary restraining order as provided by Section 105.001.(f)  The court shall hold a hearing on the petition not later than the 14th day after the date the petition is filed unless the court finds good cause for extending that date for not more than 14 days.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|