Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
Texas Codes

Tex. Fam. Code § 261.303 (2026)

Interference With Investigation; Court Order

✓ current as of May 2026
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Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER. (a) A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department.

(b) If admission to the home, school, or any place where the child may be cannot be obtained, the court having family law jurisdiction shall order the parent, the person responsible for the care of the children, or the person in charge of any place where the child may be to allow entrance for the interview, examination, and investigation if the court:

(1) has good cause to believe that the child is in imminent danger of being subjected to aggravated circumstances as described by Section 262.2015(b); or

(2) has probable cause to believe that admission is necessary to protect the child from abuse or neglect not described by Subdivision (1).

(c) If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department, and if the court having family law jurisdiction has probable cause to believe that releasing the records or conducting an examination of the child is necessary to protect the child from abuse or neglect, then the court shall order the records to be released or the examination to be made at the times and places designated by the court.

(d) A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. If a child is transferred from a reporting medical facility to another medical facility to treat the injury or condition that formed the basis for the original report, the transferee medical facility shall, at the department's request, release to the department records relating to the injury or condition without requiring parental consent or a court order.

(e) A person, including a utility company, that has confidential locating or identifying information regarding a family that is the subject of an investigation under this chapter shall release that information to the department on request. The release of information to the department as required by this subsection by a person, including a utility company, is not subject to Section 552.352, Government Code, or any other law providing liability for the release of confidential information.

(f) A hearing for an order under this section may not be ex parte unless the court has probable cause to believe there is no time, consistent with the physical health or safety of the child, for a full hearing.

(g) A court order described by Subsection (b) or (c) must include the court's findings regarding the sufficiency of evidence supporting the order.

(h) On request of a party to the suit, the court shall provide a copy of an order rendered under this section to the party.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 96, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1150, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 24, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 6, eff. September 1, 2007.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.133, eff. April 2, 2015.

Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 2, eff. September 1, 2023.

Notes of Decisions
Cited in 16 cases, 2002–2020 · leading case: Rebekah Thonginh Ross v. State, 507 S.W.3d 881 (Tex. App. 2016).
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Rebekah Thonginh Ross v. State, 507 S.W.3d 881 (Tex. App. 2016). · cites it 5× “Tex. Fam. Code Ann. § 261.303 (b) (emphasis added).”
Gates v. Texas Deparment of Prot. & Regulatory Servs., 537 F.3d 404 (5th Cir. 2008). “It is undisputed that the individual defendants did not obtain a court order to enter the house pursuant to Texas Family Code § 261.303(b). Such an order would have been the equivalent of a warrant in this situation.”
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009). “The district court’s finding that the Werneckes alleged a Fourth Amendment violation was predicated on the district court’s understanding that “Garcia did not possess a warrant or an equivalent court order authorizing her to enter the *394 Wernecke residence on June 1, 2005,”…”
Michael Emack v. State, 354 S.W.3d 828 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 261.303 (West 2008).”
Ross v. State, 543 S.W.3d 227 (Tex. Crim. App. 2018). “The Order was issued pursuant to Texas Family Code § 261.303(b), which provides that, If admission to the home, school, or any place where the child may be cannot be obtained, then for good cause shown the court having family law jurisdiction shall order the parent .”
Natalie Ausbie Reynolds v. State, 507 S.W.3d 805 (Tex. App. 2016). “Compare Tex. Fam. Code Ann. § 261.303 (b) (West Supp.”
Roe v. Texas Dep't of Prot. & Regulatory Servs., 299 F.3d 395 (5th Cir. 2002). · cites it 2× “Tex. Fam.Code Ann § 261.303 (West Supp. 2002).”
Roe v. TX Dept Protc & Regu (5th Cir. 2002). · cites it 2× “Fourth Amendment analysis where a child protective services search is so intimately TEX. FAM. CODE ANN. § 261.303 (West Supp.”
Wernecke v. TX Dept Fam & Prtc (5th Cir. 2010). · cites it 2× “09-40132 court order authorizing her to enter the Wernecke residence on June 1, 2005,” and that under Texas Family Code § 261.303(b), “[f]amily courts in Texas may issue orders authorizing caseworkers to enter a private home to investigate child abuse or child neglect.”
Reynolds, Natalie Ausbie (Tex. App. 2016). “Compare Tex. Fam. Code Ann. § 261.303 (b) (West Supp.”
B. H. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2018). “See Tex. Fam. Code § 261.303 (authorizing trial courts to enter orders in aid of investigations by Department of reports of child abuse or neglect); In re Texas Dep’t of Family & Protective Servs.”
in Re: Matthew Berryman & Tabitha Berryman (Tex. App. 2020). “TEX. FAM. CODE ANN. § 261.303(b) (West 2020) (emphasis added).”
Show all 16 citing cases →
— Tex. Fam. Code § 261.303(b) — 6 cases
Gates v. Texas Deparment of Prot. & Regulatory Servs., 537 F.3d 404 (5th Cir. 2008). “It is undisputed that the individual defendants did not obtain a court order to enter the house pursuant to Texas Family Code § 261.303(b). Such an order would have been the equivalent of a warrant in this situation.”
Wernecke v. Garcia, 591 F.3d 386 (5th Cir. 2009). “The district court’s finding that the Werneckes alleged a Fourth Amendment violation was predicated on the district court’s understanding that “Garcia did not possess a warrant or an equivalent court order authorizing her to enter the *394 Wernecke residence on June 1, 2005,”…”
Ross v. State, 543 S.W.3d 227 (Tex. Crim. App. 2018). “The Order was issued pursuant to Texas Family Code § 261.303(b), which provides that, If admission to the home, school, or any place where the child may be cannot be obtained, then for good cause shown the court having family law jurisdiction shall order the parent .”
Wernecke v. TX Dept Fam & Prtc (5th Cir. 2010). “09-40132 court order authorizing her to enter the Wernecke residence on June 1, 2005,” and that under Texas Family Code § 261.303(b), “[f]amily courts in Texas may issue orders authorizing caseworkers to enter a private home to investigate child abuse or child neglect.”
in Re: Matthew Berryman & Tabitha Berryman (Tex. App. 2020). “TEX. FAM. CODE ANN. § 261.303(b) (West 2020) (emphasis added).”
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