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benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/8

Texas Child Protection Law Bench Book. D Orders in Aid of. Print this chapter (Alternatives to Removal). D Orders in Aid of Investigation. A person may not interfere with a DFPS investigation of a report of child abuse or neglect. Tex. Fam. Code 261.303(a). The court may also prohibit the removal of the child from the state during an investigation if the court:. Finds that DFPS has probable cause to conduct the investigation; and. If the court determines that the parent or person is indigent, then the co...

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/16

Texas Child Protection Law Bench Book. A Removal or Conse. Print this chapter (Removal). A Removal or Conservatorship of a Child. Authorized Actions by Governmental Entity. 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. Tex. Fam. Code 262.001(a). Child’s Health and Safety is Paramount Concern.

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/5

Texas Child Protection Law Bench Book. A Initiation of In. Print this chapter (Alternatives to Removal). A Initiation of Investigations. Initiation of an investigation requires:. Abuse or Neglect or the Risk of Abuse or Neglect. Abuse" includes the following acts or omissions by a person:. Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;. Sexual conduct harmful to a child's mental, emotional, or p...

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/14

Texas Child Protection Law Bench Book. Print this chapter (Removal). Legal Overview of Removal of Children. A Removal or Conservatorship of a Child. B Jurisdiction, Venue, and Transfer. C Emergency Removal With a Court Order. D Emergency Removal Without a Court Order. E Expedited Hearing and Appeal. F After Ex Parte Order Authorizing Removal. G Filing Suit Prior to Taking Possession of Child. H Service of Citation. I Evaluation of Identified Relatives and Other Designated Individuals.

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/10

Texas Child Protection Law Bench Book. F Order for Requir. Print this chapter (Alternatives to Removal). F Order for Required Participation. On request of DFPS, the court may require participation in services provided by DFPS. 1 Who May Be Ordered to Participate. Managing conservator; or. Other member of child's household. Tex. Fam. Code 263.203. 2 Court May Order. Participation in the services DFPS provides or purchases to:. Alleviate the effects of the abuse or neglect that has occurred;.

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/19

Texas Child Protection Law Bench Book. Print this chapter (Removal). D Emergency Removal Without a Court Order. Taking Possession Without a Court Order. If there is no time to obtain a temporary order, temporary restraining order or attachment under Tex. Fam. Code 262.102(a). On personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;. Tex Penal Code 20A.03. On information furnished by...

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/9

Texas Child Protection Law Bench Book. E Order Seeking Re. Print this chapter (Alternatives to Removal). E Order Seeking Removal of Alleged Perpetrator of Physical or Sexual Abuse. Without asking for removal of the child, DFPS may file a petition for removal of the alleged perpetrator of child abuse from the household. Tex. Fam. Code 262.1015(a). File for a protective order on behalf of the child instead of or in addition to obtaining a temporary restraining order; or. The court may order:. DFPS must tak...

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/17

Texas Child Protection Law Bench Book. B Jurisdiction, Ve. Print this chapter (Removal). B Jurisdiction, Venue, and Transfer. A suit brought by DFPS requesting an order under Tex. Fam. Code Chapter 262. May be filed in a court with jurisdiction to hear the suit in the county in which the child is found. Tex. Fam. Code 262.002. Tex Fam. Code Chapter 262. Tex Fam. Code 155.001(c). Venue lies in the county where the child resides, and generally speaking that county is where the child’s parent lives, unless:.

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/6

Texas Child Protection Law Bench Book. B Making a Report. Print this chapter (Alternatives to Removal). B Making a Report. DFPS sets out the mandatory requirements for an investigation in CPS Handbook 2200. 1 Call to the Hotline. An investigation of child abuse or neglect usually starts with a call to the hotline. The reporter may identify himself or remain anonymous, but the identity of the reporter is confidential. Tex. Fam. Code 261.201(a)(1). 2 Lay Person's Duty to Report. If a professional has cause...

benchbook.texaschildrenscommission.gov

Texas Children's Commission

http://benchbook.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.benchbook/2

Texas Child Protection Law Bench Book. Print this chapter (Acknowledgments). This revised edition of the Texas Child Protection Law Bench Book includes additions of and revisions to important topics such as human trafficking, trauma-informed care, the Indian Child Welfare Act, and educational outcomes of children in the child welfare system. Bench Book Advisory Committee. The Honorable Dean Rucker (ret.), Children’s Commission Jurist in Residence. The Honorable Virginia Schnarr.