Texas Family Code Title 5, Chapter 262 - Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 262.011 - 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...

SUBCHAPTER B TAKING POSSESSION OF CHILD

• Texas Section 262.011 - Placement In Secure Agency Foster Home Or Secure Agency Foster Group 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...
• Texas Section 262.101 - Filing Petition Before Taking Possession Of Child
  An original suit filed by a governmental entity that requests permission to take possession of a child without prior notice and a hearing must be...
• Texas Section 262.1015 - Removal Of Alleged Perpetrator; Offense
  (a) If the Department of Family and Protective Services determines after an investigation that child abuse has occurred and that the child would be protected...
• Texas Section 262.102 - Emergency Order Authorizing Possession Of Child
  (a) Before a court may, without prior notice and a hearing, issue a temporary order for the conservatorship of a child under Section 105.001(a)(1) or...
• Texas Section 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...
• Texas Section 262.104 - Taking Possession Of A Child In Emergency Without A Court Order
  (a) If there is no time to obtain a temporary order, temporary restraining order, or attachment under Section 262.102(a) before taking possession of a child...
• Texas Section 262.105 - Filing Petition After Taking Possession Of Child In Emergency
  (a) When a child is taken into possession without a court order, the person taking the child into possession, without unnecessary delay, shall: (1) file...
• Texas Section 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...
• Texas Section 262.107 - Standard For Decision At Initial Hearing After Taking Possession Of Child Without A Court Order In Emergency
  (a) The court shall order the return of the child at the initial hearing regarding a child taken in possession without a court order by...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 262.1095 - Information Provided To Relatives And Certain Individuals; Investigation
  (a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department: (1) shall provide...
• Texas Section 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...
• Texas Section 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...
• Texas Section 262.113 - Filing Suit Without Taking Possession Of Child
  An original suit filed by a governmental entity that requests to take possession of a child after notice and a hearing must be supported by...
• Texas Section 262.114 - Evaluation Of Identified Relatives And Other Designated Individuals; Placement
  (a) Before a full adversary hearing under Subchapter C, the Department of Family and Protective Services must perform a background and criminal history check of...

SUBCHAPTER C ADVERSARY HEARING

• Texas Section 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...
• Texas Section 262.201 - Full Adversary Hearing; Findings Of The Court
  (a) Unless the child has already been returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession and the temporary...
• Texas Section 262.2015 - Aggravated Circumstances
  (a) The court may waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to a parent...
• Texas Section 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...
• Texas Section 262.203 - Transfer Of Suit
  (a) On the motion of a party or the court's own motion, if applicable, the court that rendered the temporary order shall in accordance with...
• Texas Section 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...

SUBCHAPTER D EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN

• Texas Section 262.205 - Hearing When Child Not In Possession Of Governmental Entity
  (a) In a suit requesting possession of a child after notice and hearing, the court may render a temporary restraining order as provided by Section...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 E RELINQUISHING CHILD TO OBTAIN CERTAIN SERVICES

• Texas Section 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...
• Texas Section 262.351 - Definitions
  In this subchapter: (1) "Department" means the Department of Family and Protective Services. (2) "Severe emotional disturbance" has the meaning assigned by Section 261.001. Added...
• Texas Section 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...
• Texas Section 262.353 - Study To Develop Alternatives To Relinquishment Of Custody To Obtain Mental Health Services
  Sec. 262.353. STUDY TO DEVELOP ALTERNATIVES TO RELINQUISHMENT OF CUSTODY TO OBTAIN MENTAL HEALTH SERVICES. Without reference to the amendment of this subsection, this section...

Last modified: September 28, 2016