Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Texas Codes

Tex. Fam. Code § 152.315 (2026)

Role Of Prosecutor Or Public Official

✓ current as of May 2026
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Sec. 152.315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL. (a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:

(1) an existing child custody determination;

(2) a request to do so from a court in a pending child custody proceeding;

(3) a reasonable belief that a criminal statute has been violated; or

(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.

Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: M. A. R. G. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2020).
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M. A. R. G. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2020). “”), and the “appropriate public official may not represent any party” but “acts on behalf of the court,” see Tex. Fam. Code § 152.315(b). Thus, even if we assume without deciding that the Department or the Bell County Attorney’s Office has the authority to obtain the return of A.”
— Tex. Fam. Code § 152.315(b) — 1 case
M. A. R. G. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2020). “”), and the “appropriate public official may not represent any party” but “acts on behalf of the court,” see Tex. Fam. Code § 152.315(b). Thus, even if we assume without deciding that the Department or the Bell County Attorney’s Office has the authority to obtain the return of A.”
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