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 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child › Subchapter B. Taking Possession of Child › Section 262.1016. Agreed Order for Removal of Alleged Perpetrator

Sec. 262.1016.  AGREED ORDER FOR REMOVAL OF ALLEGED PERPETRATOR.  (a)  An alleged perpetrator of abuse or neglect may at any time agree in writing to an order under Section 262.1015 requiring the alleged perpetrator to leave the residence of the child.  An agreement under this section is subject to the approval of the court.
(b)  An agreed order under this section must contain the following statement in boldface type and capital letters: "YOUR AGREEMENT TO THIS ORDER IS NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT."
(c)  An agreed order under this section may not be used against an alleged perpetrator as an admission of child abuse or neglect.
(d)  An agreed order under this section is enforceable civilly or criminally but is not enforceable as a contract.
(e)  At any time, a person affected by an agreed order under this section may request the court to terminate the order. The court shall terminate the agreed order on finding the order is no longer needed and terminating the order is in the best interest of the child.
Added by Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 2, eff. September 1, 2023.
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 262.103. 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.
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 262.106. 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.
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 262.108. 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.
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 262.109. 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.
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 262.110. 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.
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 262.112. 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.
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 262.115. 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.
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 262.116. Limits on Removal

Sec. 262.116.  LIMITS ON REMOVAL.  (a)  The Department of Family and Protective Services may not take possession of a child under this subchapter based on evidence that the parent:
(1)  homeschooled the child;
(2)  is economically disadvantaged;
(3)  has been charged with a nonviolent misdemeanor offense other than:
(A)  an offense under Title 5, Penal Code;
(B)  an offense under Title 6, Penal Code; or
(C)  an offense that involves family violence, as defined by Section 71.004 of this code;
(4)  provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169, Occupations Code;
(5)  declined immunization for the child for reasons of conscience, including a religious belief;
(6)  sought an opinion from more than one medical provider relating to the child's medical care, transferred the child's medical care to a new medical provider, or transferred the child to another health care facility;
(7)  allowed the child to engage in independent activities that are appropriate and typical for the child's level of maturity, physical condition, developmental abilities, or culture; or
(8)  tested positive for marihuana, unless the department has evidence that the parent's use of marihuana has caused significant impairment to the child's physical or mental health or emotional development.
(b)  The department shall train child protective services caseworkers regarding the prohibitions on removal provided under Subsection (a).
(c)  The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section.
(d)  This section does not prohibit the department from gathering or offering evidence described by Subsection (a) as part of an action to take possession of a child under this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 19, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 29 (H.B. 2536), Sec. 3, eff. May 15, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.004, eff. September 1, 2023.
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 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.
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 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.
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 C. Adversary Hearing › Section 262.206. Ex Parte Hearings

Sec. 262.206.  EX PARTE HEARINGS.  (a)  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.
(b)  A court that holds an ex parte hearing authorized by this chapter shall prepare and keep a record of the hearing in the form of an audio or video recording or a court reporter transcription.
(c)  On request of a party to the suit, the court shall provide a copy of the record of an ex parte hearing to the party.
(d)  The Department of Family and Protective Services shall provide notice of an ex parte hearing authorized by this chapter if the department has received notice that a parent who is a party  is represented by an attorney.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 22, eff. September 1, 2017.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 5, eff. September 1, 2023.
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 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;
(D)  a child-placing agency licensed 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; or
(E)  a fire department.
(2)  "Emergency medical services provider" has the meaning assigned that term by Section 773.003, Health and Safety Code.
(3)  "Fire department" means a department of a local government that is organized to prevent or suppress fires and is staffed 24 hours a day by employees of the local government.
(4)  "Newborn safety device" means a device installed by a designated emergency infant care provider in compliance with Section 262.3025.
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.
Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 1, eff. September 1, 2023.
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 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:
(1)  the child is voluntarily delivered to the provider by the child's parent by:
(A)  leaving the child with an employee of the provider; or
(B)  placing the child in a newborn safety device located inside the provider's facilities; and
(2)  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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 2, eff. September 1, 2023.
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 D. Emergency Possession of Certain Abandoned Children › Section 262.3025. Newborn Safety Device

Sec. 262.3025.  NEWBORN SAFETY DEVICE.  (a)  A designated emergency infant care provider may place a newborn safety device inside the provider's facilities to take possession of a child under Section 262.302.
(b)  A newborn safety device installed by a designated emergency infant care provider must:
(1)  be physically located:
(A)  inside a facility that is staffed 24 hours a day by employees of the provider; and
(B)  in an area conspicuous and visible to the employees of the provider; and
(2)  contain an alarm system connected to the device to audibly notify an employee of the provider that a child has been placed in the device.
(c)  A designated emergency infant care provider that places a newborn safety device in the provider's facilities shall develop procedures to regularly verify that the device's alarm system is in working order.
Added by Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 3, eff. September 1, 2023.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 F. Family Preservation Services Pilot Program › Section 262.405. Ad Litem Appointments

Sec. 262.405.  AD LITEM APPOINTMENTS.  (a)  The court shall appoint an attorney ad litem to represent the interests of the child immediately after a suit is filed under Section 262.404 but before the hearing to ensure adequate representation of the child.  The attorney ad litem for the child has the powers and duties of an attorney ad litem for a child under Chapter 107.
(b)  The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in family preservation services is being requested immediately after the suit is filed but before the hearing to ensure adequate representation of the parent.  The attorney ad litem for the parent has the powers and duties of an attorney ad litem for a parent under Section 107.0131.
(c)  Before the hearing commences, the court shall inform each parent of:
(1)  the parent's right to be represented by an attorney; and
(2)  for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney.
(d)  If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence.  The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents.  If the court finds the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation.  If the court finds the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and order the parent to pay the cost of the attorney ad litem's representation.
(e)  The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem's discharge to allow the parent to hire an attorney or to provide the parent's attorney time to prepare for the subsequent proceeding.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, 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 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child › Subchapter F. Family Preservation Services Pilot Program › Section 262.406. Court Order

Sec. 262.406.  COURT ORDER.  (a)  Except as provided by Subsection (d), at the conclusion of the hearing in a suit filed under Section 262.404, the court shall order the department to provide family preservation services and to execute a family preservation services plan developed in collaboration with the family of the child who is a candidate for foster care if the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:
(1)  abuse or neglect occurred or there is a substantial risk of abuse or neglect or 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;
(2)  family preservation services are necessary to ensure the child's physical health or safety; and
(3)  family preservation services are appropriate based on the child's safety risk assessment and the child's family assessment.
(b)  The court's order for family preservation services must:
(1)  identify and require specific services narrowly tailored to address the factors that make the child a candidate for foster care; and
(2)  include a statement on whether the services to be provided to the family are appropriate to address the factors that place the child at risk of removal.
(c)  The court may, in its discretion, order family preservation services for a parent whose parental rights to another child were previously terminated.
(d)  If the court finds, by clear and convincing evidence, that the parent has subjected the child to aggravated circumstances described by Section 262.2015, the court may order that family preservation services not be provided.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.