If a child is taken into possession without a court order, the person taking the child must promptly file a suit, ask for an attorney ad litem, and request an initial hearing by the next business day.
Sec. 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 a suit affecting the parent-child relationship; (2) request the court to appoint an attorney ad litem for the child; and (3) request an initial hearing to be held by no later than the first business day after the date the child is taken into possession. (b) An original suit filed by a governmental entity after taking possession of a child under Section 262.104 must be supported by an affidavit stating facts sufficient to satisfy a person of ordinary prudence and caution that: (1) based on the affiant's personal knowledge or on information furnished by another person corroborated by the affiant's personal knowledge, one of the following circumstances existed at the time the child was taken into possession: (A) there was an immediate danger to the physical health or safety of the child; (B) the child was the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code; (C) the parent or person who had possession of the child was using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constituted an immediate danger to the physical health or safety of the child; or (D) the parent or person who had possession of the child permitted the child to remain on premises used for the manufacture of methamphetamine; and (2) based on the affiant's personal knowledge: (A) continuation of the child in the home would have been contrary to the child's welfare; (B) there was no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C; (C) 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; (D) 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: (i) was offered but refused; (ii) 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 (iii) would pose an immediate danger to the physical health or safety of the child; and (E) 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. (c) The affidavit required by Subsection (b) 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 2001, 77th Leg., ch. 809, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.158, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(13), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 8, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 4, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 7.004, eff. September 1, 2025.