reglab/statecodes huggingface dataset:
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.312. Review Teams; Offense

Sec. 261.312.  REVIEW TEAMS;  OFFENSE.  (a)  The department shall establish review teams to evaluate department casework and decision-making related to investigations by the department of child abuse or neglect.  The department may create one or more review teams for each region of the department for child protective services.  A review team is a citizen review panel or a similar entity for the purposes of federal law relating to a state's child protection standards.
(b)  A review team consists of at least five members who serve staggered two-year terms.  Review team members are appointed by the commissioner of the department and consist of volunteers who live in and are broadly representative of the region in which the review team is established and have expertise in the prevention and treatment of child abuse and neglect.  At least two members of a review team must be parents who have not been convicted of or indicted for an offense involving child abuse or neglect, have not been determined by the department to have engaged in child abuse or neglect, and are not under investigation by the department for child abuse or neglect.  A member of a review team is a department volunteer for the purposes of Section 411.114, Government Code.
(c)  A review team conducting a review of an investigation may conduct the review by examining the facts of the case as outlined by the department caseworker and law enforcement personnel.  A review team member acting in the member's official capacity may receive information made confidential under Section 40.005, Human Resources Code, or Section 261.201.
(d)  A review team shall report to the department the results of the team's review of an investigation.  The review team's report may not include confidential information.  The findings contained in a review team's report are subject to disclosure under Chapter 552, Government Code.  This section does not require a law enforcement agency to divulge information to a review team that the agency believes would compromise an ongoing criminal case, investigation, or proceeding.
(e)  A member of a review team commits an offense if the member discloses confidential information.  An offense under this subsection is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 943, Sec. 3, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 3, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.141, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.3125. Child Safety Specialists

Sec. 261.3125.  CHILD SAFETY SPECIALISTS.  (a)  The department shall employ in each of the department's administrative regions at least one child safety specialist.  The job responsibilities of the child safety specialist must focus on child abuse and neglect investigation issues, including reports of child abuse required by Section 261.101, to achieve a greater compliance with that section, and on assessing and improving the effectiveness of the department in providing for the protection of children in the region.
(b)  The duties of a child safety specialist must include the duty to:
(1)  conduct staff reviews and evaluations of cases determined to involve a high risk to the health or safety of a child, including cases of abuse reported under Section 261.101, to ensure that risk assessment tools are fully and correctly used;
(2)  review and evaluate cases in which there have been multiple referrals to the department of child abuse or neglect involving the same family, child, or person alleged to have committed the abuse or neglect; and
(3)  approve decisions and assessments related to investigations of cases of child abuse or neglect that involve a high risk to the health or safety of a child.
Added by Acts 1999, 76th Leg., ch. 1490, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.29, eff. September 1, 2005.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.3126. Colocation of Investigators

Sec. 261.3126.  COLOCATION OF INVESTIGATORS.  (a)  In each county, to the extent possible, the department and the local law enforcement agencies that investigate child abuse in the county shall colocate in the same offices investigators from the department and the law enforcement agencies to improve the efficiency of child abuse investigations.  With approval of the local children's advocacy center and its partner agencies, in each county in which a children's advocacy center established under Section 264.402 is located, the department shall attempt to locate investigators from the department and county and municipal law enforcement agencies at the center.
(b)  A law enforcement agency is not required to comply with the colocation requirements of this section if the law enforcement agency does not have a full-time peace officer solely assigned to investigate reports of child abuse and neglect.
(c)  If a county does not have a children's advocacy center, the department shall work with the local community to encourage one as provided by Section 264.402.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.30, eff. September 1, 2005.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.314. Testing

Sec. 261.314.  TESTING.  (a)  The department shall provide testing as necessary for the welfare of a child who the department believes, after an investigation under this chapter, has been sexually abused, including human immunodeficiency virus (HIV) testing of a child who was abused in a manner by which HIV may be transmitted.
(b)  Except as provided by Subsection (c), the results of a test under this section are confidential.
(c)  If requested, the department shall report the results of a test under this section to:
(1)  a court having jurisdiction of a proceeding involving the child or a proceeding involving a person suspected of abusing the child;
(2)  a person responsible for the care and custody of the child as a foster parent;  and
(3)  a person seeking to adopt the child.
Added by Acts 1995, 74th Leg., ch. 943, Sec. 7, eff. Sept. 1, 1995.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.315. Removal of Certain Investigation Information From Records

Sec. 261.315.  REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS.  (a)  At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request the department to remove information about the person's alleged role in the abuse or neglect report from the department's records.
(b)  On request under Subsection (a) by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.
(c)  The executive commissioner shall adopt rules necessary to administer this section.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 75, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.142, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter D. Investigations › Section 261.316. Exemption From Fees for Medical Records

Sec. 261.316.  EXEMPTION FROM FEES FOR MEDICAL RECORDS.  The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a medical record from a hospital or health care provider if the request for a record is made in the course of an investigation by the department.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 17, eff. Sept. 1, 1997.  Renumbered from Sec. 261.315 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(27), eff. Sept. 1, 1999.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.402. Investigative Reports

Sec. 261.402.  INVESTIGATIVE REPORTS.  (a)  A state agency shall prepare and keep on file a complete written report of each investigation conducted by the agency under this subchapter.
(b)  A state agency shall immediately notify the appropriate state or local law enforcement agency of any report the agency receives, other than a report from a law enforcement agency, that concerns the suspected abuse, neglect, or exploitation of a child or the death of a child from abuse or neglect.  If the state agency finds evidence indicating that a child may have been abused, neglected, or exploited, the agency shall report the evidence to the appropriate law enforcement agency.
(c)  A state agency that licenses, certifies, or registers a facility in which children are located shall compile, maintain, and make available statistics on the incidence in the facility of child abuse, neglect, and exploitation that is investigated by the agency.
(d)  A state agency shall compile, maintain, and make available statistics on the incidence of child abuse, neglect, and exploitation in a facility operated by the state agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 99, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 355, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.144, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.403. Complaints

Sec. 261.403.  COMPLAINTS.  (a)  If a state agency receives a complaint relating to an investigation conducted by the agency concerning a facility operated by that agency in which children are located, the agency shall refer the complaint to the agency's governing body.
(b)  The governing body of a state agency that operates a facility in which children are located shall ensure that the procedure for investigating abuse, neglect, and exploitation allegations and inquiries in the agency's facility is periodically reviewed under the agency's internal audit program required by Chapter 2102, Government Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 355, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.145, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.406. Investigations in Schools

Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a)  On receipt of a report of alleged or suspected abuse or neglect of a child in a public or private school, the department shall perform an investigation as provided by this chapter.
(b)  The department shall send a copy of the completed report of the department's investigation to the Texas Education Agency or, in the case of a private school, the school's chief executive officer.  On request, the department shall provide a copy of the completed report of the department's investigation to the State Board for Educator Certification, the local school board or the school's governing body, the superintendent of the school district, the public school principal or director, or the chief executive officer of the private school, unless the principal, director, or chief executive officer is alleged to have committed the abuse or neglect, for appropriate action.  On request, the department shall provide a copy of the report of investigation to the parent, managing conservator, or legal guardian of a child who is the subject of the investigation and to the person alleged to have committed the abuse or neglect.  The report of investigation shall be edited to protect the identity of the persons who made the report of abuse or neglect.  Except as otherwise provided by this subsection, Section 261.201(b) applies to the release of the report relating to the investigation of abuse or neglect under this section and to the identity of the person who made the report of abuse or neglect.
(c)  Nothing in this section may prevent a law enforcement agency from conducting an investigation of a report made under this section.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 100, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 18, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1150, Sec. 8, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 27, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 213 (H.B. 1970), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 14, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.148, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 22, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 987 (S.B. 1231), Sec. 3, eff. September 1, 2019.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.407. Minimum Standards

Sec. 261.407.  MINIMUM STANDARDS.  (a)  The executive commissioner by rule shall adopt minimum standards for the investigation under Section 261.401 of suspected child abuse, neglect, or exploitation in a facility.
(b)  A rule or policy adopted by a state agency or institution under Section 261.401 must be consistent with the minimum standards adopted by the executive commissioner.
(c)  This section does not apply to a facility under the jurisdiction of the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
Added by Acts 2001, 77th Leg., ch. 355, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.149, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.408. Information Collection

Sec. 261.408.  INFORMATION COLLECTION.  (a)  The executive commissioner by rule shall adopt uniform procedures for collecting information under Section 261.401, including procedures for collecting information on deaths that occur in facilities.
(b)  The department shall receive and compile information on investigations in facilities.  An agency submitting information to the department is responsible for ensuring the timeliness, accuracy, completeness, and retention of the agency's reports.
(c)  This section does not apply to a facility under the jurisdiction of the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
Added by Acts 2001, 77th Leg., ch. 355, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.150, eff. April 2, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.409. Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction

Sec. 261.409.  INVESTIGATIONS IN FACILITIES UNDER TEXAS JUVENILE JUSTICE DEPARTMENT JURISDICTION.  The board of the Texas Juvenile Justice Department by rule shall adopt standards for:
(1)  the investigation under Section 261.401 of suspected child abuse, neglect, or exploitation in a facility under the jurisdiction of the Texas Juvenile Justice Department; and
(2)  compiling information on those investigations.
Added by Acts 2001, 77th Leg., ch. 355, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 84, eff. September 1, 2015.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities › Section 261.410. Report of Abuse by Other Children

Sec. 261.410.  REPORT OF ABUSE BY OTHER CHILDREN.  (a)  In this section:
(1)  "Physical abuse" means:
(A)  physical injury that results in substantial harm to the child requiring emergency medical treatment and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; or
(B)  failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.
(2)  "Sexual abuse" means:
(A)  sexual conduct harmful to a child's mental, emotional, or physical welfare; or
(B)  failure to make a reasonable effort to prevent sexual conduct harmful to a child.
(b)  An agency that operates, licenses, certifies, or registers a facility shall require a residential child-care facility to report each incident of physical or sexual abuse committed by a child against another child.
(c)  Using information received under Subsection (b), the agency that operates, licenses, certifies, or registers a facility shall, subject to the availability of funds, compile a report that includes information:
(1)  regarding the number of cases of physical and sexual abuse committed by a child against another child;
(2)  identifying the residential child-care facility;
(3)  regarding the date each allegation of abuse was made;
(4)  regarding the date each investigation was started and concluded;
(5)  regarding the findings and results of each investigation; and
(6)  regarding the number of children involved in each incident investigated.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.31, eff. September 1, 2005.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter F. Protective Order in Certain Cases of Abuse or Neglect › Section 261.501. Filing Application for Protective Order in Certain Cases of Abuse or Neglect

Sec. 261.501.  FILING APPLICATION FOR PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT.  The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:
(1)  has temporary managing conservatorship of the child;
(2)  determines that:
(A)  the child:
(i)  is a victim of abuse or neglect; or
(ii)  has a history of being abused or neglected; and
(B)  there is a threat of:
(i)  immediate or continued abuse or neglect to the child;
(ii)  someone illegally taking the child from the home in which the child is placed;
(iii)  behavior that poses a threat to the caregiver with whom the child is placed; or
(iv)  someone committing an act of violence against the child or the child's caregiver; and
(3)  is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter F. Protective Order in Certain Cases of Abuse or Neglect › Section 261.502. Certification of Findings

Sec. 261.502.  CERTIFICATION OF FINDINGS.  (a)  In making the application under this subchapter, the department must certify that:
(1)  the department has diligently searched for and:
(A)  was unable to locate the child's parent, legal guardian, or custodian, other than the respondent to the application; or
(B)  located and provided notice of the proposed application to the child's parent, legal guardian, or custodian, other than the respondent to the application; and
(2)  if applicable, the relative or caregiver who is jointly filing the petition, or with whom the child would reside following an entry of the protective order, has not abused or neglected the child and does not have a history of abuse or neglect.
(b)  An application for a temporary ex parte order under Section 261.503 may be filed without making the findings required by Subsection (a) if the department certifies that the department believes there is an immediate danger of abuse or neglect to the child.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter F. Protective Order in Certain Cases of Abuse or Neglect › Section 261.503. Temporary Ex Parte Order

Sec. 261.503.  TEMPORARY EX PARTE ORDER.  If the court finds from the information contained in an application for a protective order that there is an immediate danger of abuse or neglect to the child, the court, without further notice to the respondent and without a hearing, may enter a temporary ex parte order for the protection of the child.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter F. Protective Order in Certain Cases of Abuse or Neglect › Section 261.504. Required Findings; Issuance of Protective Order

Sec. 261.504.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER.  (a)  At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that:
(1)  the child:
(A)  is a victim of abuse or neglect; or
(B)  has a history of being abused or neglected; and
(2)  there is a threat of:
(A)  immediate or continued abuse or neglect to the child;
(B)  someone illegally taking the child from the home in which the child is placed;
(C)  behavior that poses a threat to the caregiver with whom the child is placed; or
(D)  someone committing an act of violence against the child or the child's caregiver.
(a-1)  In making a determination whether the child is or has been a victim of abuse or neglect, the court shall consider the opinion of a medical professional obtained by an individual against whom a protective order is sought.
(b)  If the court makes an affirmative finding under Subsection (a), the court shall issue a protective order that includes a statement of that finding.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 4, eff. September 1, 2021.
2023 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 261 - Investigation of Report of Child Abuse or Neglect › Subchapter F. Protective Order in Certain Cases of Abuse or Neglect › Section 261.505. Application of Other Law

Sec. 261.505.  APPLICATION OF OTHER LAW.  To the extent applicable, except as otherwise provided by this subchapter, Title 4 applies to a protective order issued under this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
2023 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 262.001. Authorized Actions by Governmental Entity

Sec. 262.001.  AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY.  (a)  A governmental entity with an interest in the child may file a suit affecting the parent-child relationship requesting an order or take possession of a child without a court order as provided by this chapter.
(b)  In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child's home or to make it possible to return a child to the child's home, the child's health and safety is the paramount concern.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 10, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 29, eff. Sept. 1, 1999.
2023 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 262.002. Jurisdiction

Sec. 262.002.  JURISDICTION.  A suit brought by a governmental entity requesting an order under this chapter may be filed in a court with jurisdiction to hear the suit in the county in which the child is found.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 11, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 30, eff. Sept. 1, 1999.
2023 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 262.0022. Review of Placement; Findings

Sec. 262.0022.  REVIEW OF PLACEMENT; FINDINGS.  At each hearing under this chapter, the court shall review the placement of each child in the temporary or permanent managing conservatorship of the Department of Family and Protective Services who is not placed with a relative caregiver or designated caregiver as defined by Section 264.751.  The court shall include in its findings a statement on whether the department:
(1)  asked the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child's community, who could be a relative caregiver or designated caregiver for the child; and
(2)  has the option of placing the child with a relative caregiver or designated caregiver.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 15, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 5, eff. June 14, 2019.
2023 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 262.003. Civil Liability

Sec. 262.003.  CIVIL LIABILITY.  A person who takes possession of a child without a court order is immune from civil liability if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger to the physical health or safety of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 262.004. Accepting Voluntary Delivery of Possession of Child

Sec. 262.004.  ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF CHILD.  A law enforcement officer or a juvenile probation officer may take possession of a child without a court order on the voluntary delivery of the child by the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession 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. 101, eff. Sept. 1, 1995.
2023 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 262.005. Filing Petition After Accepting Voluntary Delivery of Possession of Child

Sec. 262.005.  FILING PETITION AFTER ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF CHILD.  When possession of the child has been acquired through voluntary delivery of the child to a law enforcement officer or juvenile probation officer, the law enforcement officer or juvenile probation officer taking the child into possession shall cause a suit to be filed not later than the 60th day after the date the child is taken into possession.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 102, eff. Sept. 1, 1995.
2023 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 262.006. Living Child After Abortion

Sec. 262.006.  LIVING CHILD AFTER ABORTION.  (a)  An authorized representative of the Department of Family and Protective Services may assume the care, control, and custody of a child born alive as the result of an abortion as defined by Chapter 161.
(b)  The department shall file a suit and request an emergency order under this chapter.
(c)  A child for whom possession is assumed under this section need not be delivered to the court except on the order of the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.151, eff. April 2, 2015.
2023 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 262.007. Possession and Delivery of Missing Child

Sec. 262.007.  POSSESSION AND DELIVERY OF MISSING CHILD.  (a)  A law enforcement officer who, during a criminal investigation relating to a child's custody, discovers that a child is a missing child and believes that a person may flee with or conceal the child shall take possession of the child and provide for the delivery of the child as provided by Subsection (b).
(b)  An officer who takes possession of a child under Subsection (a) shall deliver or arrange for the delivery of the child to a person entitled to possession of the child.
(c)  If a person entitled to possession of the child is not immediately available to take possession of the child, the law enforcement officer shall deliver the child to the Department of Family and Protective Services. Until a person entitled to possession of the child takes possession of the child, the department may, without a court order, retain possession of the child not longer than five days after the date the child is delivered to the department.  While the department retains possession of a child under this subsection, the department may place the child in foster care.  If a parent or other person entitled to possession of the child does not take possession of the child before the sixth day after the date the child is delivered to the department, the department shall proceed under this chapter as if the law enforcement officer took possession of the child under Section 262.104.
Added by Acts 1995, 74th Leg., ch. 776, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 685, Sec. 6, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1150, Sec. 12, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 31, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.152, eff. April 2, 2015.
2023 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 262.008. Abandoned Children

Sec. 262.008.  ABANDONED CHILDREN.  (a)  An authorized representative of the Department of Family and Protective Services may assume the care, control, and custody of a child:
(1)  who is abandoned without identification or a means for identifying the child; and
(2)  whose identity cannot be ascertained by the exercise of reasonable diligence.
(b)  The department shall immediately file a suit to terminate the parent-child relationship of a child under Subsection (a).
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(5), eff. April 2, 2015.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 4, eff. Jan. 1, 1998.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.153, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(5), eff. April 2, 2015.
2023 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 262.009. Temporary Care of Child Taken Into Possession

Sec. 262.009.  TEMPORARY CARE OF CHILD TAKEN INTO POSSESSION.  An employee of or volunteer with a law enforcement agency who successfully completes a background and criminal history check approved by the law enforcement agency may assist a law enforcement officer or juvenile probation officer with the temporary care of a child who is taken into possession by a governmental entity without a court order under this chapter until further arrangements regarding the custody of the child can be made.
Added by Acts 2003, 78th Leg., ch. 970, Sec. 1, eff. June 20, 2003.
2023 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 262.010. Child With Sexually Transmitted Disease

Sec. 262.010.  CHILD WITH SEXUALLY TRANSMITTED DISEASE.  (a)  If during an investigation by the Department of Family and Protective Services the department discovers that a child younger than 11 years of age has a sexually transmitted disease, the department shall:
(1)  appoint a special investigator to assist in the investigation of the case; and
(2)  file an original suit requesting an emergency order under this chapter for possession of the child unless the department determines, after taking the following actions, that emergency removal is not necessary for the protection of the child:
(A)  reviewing the medical evidence to determine whether the medical evidence supports a finding that abuse likely occurred;
(B)  interviewing the child and other persons residing in the child's home;
(C)  conferring with law enforcement;
(D)  determining whether any other child in the home has a sexually transmitted disease and, if so, referring the child for a sexual abuse examination;
(E)  if the department determines a forensic interview is appropriate based on the child's age and development, ensuring that each child alleged to have been abused undergoes a forensic interview by a children's advocacy center established under Section 264.402 or another professional with specialized training in conducting forensic interviews if a children's advocacy center is not available in the county in which the child resides;
(F)  consulting with a department staff nurse or other medical expert to obtain additional information regarding the nature of the sexually transmitted disease and the ways the disease is transmitted and an opinion as to whether abuse occurred based on the facts of the case;
(G)  contacting any additional witness who may have information relevant to the investigation, including other individuals who had access to the child; and
(H)  if the department determines after taking the actions described by Paragraphs (A)-(G) that a finding of sexual abuse is not supported, obtaining an opinion from the Forensic Assessment Center Network as to whether the evidence in the case supports a finding that abuse likely occurred.
(b)  If the department determines that abuse likely occurred, the department shall work with law enforcement to obtain a search warrant to require an individual the department reasonably believes may have sexually abused the child to undergo medically appropriate diagnostic testing for sexually transmitted diseases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 2, eff. September 1, 2011.
2023 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 262.011. Placement in Secure Agency Foster Home

Sec. 262.011.  PLACEMENT IN SECURE AGENCY FOSTER HOME.  A court in an emergency, initial, or full adversary hearing conducted under this chapter may order that the child who is the subject of the hearing be placed in a secure agency foster home verified in accordance with Section 42.0531, Human Resources Code, if the court finds that:
(1)  the placement is in the best interest of the child; and
(2)  the child's physical health or safety is in danger because the child has been recruited, harbored, transported, provided, or obtained for forced labor or commercial sexual activity, including any child subjected to an act specified in Section 20A.02 or 20A.03, Penal Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 16, eff. September 1, 2017.
2023 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 262.012. Sealing of Court Records Filed Electronically

Sec. 262.012.  SEALING OF COURT RECORDS FILED ELECTRONICALLY.  For purposes of determining whether to seal documents in accordance with Rule 76a, Texas Rules of Civil Procedure, in a suit under this subtitle, the court shall consider documents filed through an electronic filing system in the same manner as any other document filed with the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 455 (H.B. 331), Sec. 1, eff. June 15, 2015.
Redesignated from Family Code, Section 262.011 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(8), eff. September 1, 2017.
2023 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 262.013. Voluntary Temporary Managing Conservatorship

Sec. 262.013.  VOLUNTARY TEMPORARY MANAGING CONSERVATORSHIP.  In a suit affecting the parent-child relationship filed by the Department of Family and Protective Services, the existence of a parent's voluntary agreement to temporarily place the parent's child in the managing conservatorship of the department is not an admission by the parent that the parent engaged in conduct that endangered the child.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 17, eff. September 1, 2017.
2023 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 262.014. Disclosure of Certain Evidence

Sec. 262.014.  DISCLOSURE OF CERTAIN EVIDENCE.  On the request of the attorney for a parent who is a party in a suit affecting the parent-child relationship filed under this chapter, or the attorney ad litem for the parent's child, the Department of Family and Protective Services shall, before the full adversary hearing, provide:
(1)  the name of any person, excluding a department employee, whom the department will call as a witness to any of the allegations contained in the petition filed by the department;
(2)  a copy of any offense report relating to the allegations contained in the petition filed by the department that will be used in court to refresh a witness's memory; and
(3)  a copy of any photograph, video, or recording that will be presented as evidence.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 17, eff. September 1, 2017.
2023 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.
2023 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.  (a)  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;
(4)  the child would not be adequately protected in the child's home with an order for the removal of the alleged perpetrator under Section 262.1015 or 262.1016 or a protective order issued under Title 4;
(5)  placing the child with a relative or designated caregiver or with a caregiver under a parental child safety placement agreement authorized by Subchapter L, Chapter 264:
(A)  was offered but refused;
(B)  was not possible because there was no time, consistent with the physical health or safety of the child and the nature of the emergency, to conduct the caregiver evaluation; or
(C)  would pose an immediate danger to the physical health or safety of the child; and
(6)  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.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 1
(b)  The affidavit required by Subsection (a) must describe all reasonable efforts that were made to prevent or eliminate the need for the removal of the child.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 2
(b)  The affidavit required by Subsection (a) must describe with specificity in a separate section all reasonable efforts, consistent with the circumstances and providing for the safety of the child, that 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.
Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 2, eff. September 1, 2023.