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 § 261.501 (2026)

Filing Application For Protective Order In Certain Cases Of Abuse Or Neglect

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Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:

(1) has temporary managing conservatorship of the child;

(2) determines that:

(A) the child:

(i) is a victim of abuse or neglect; or

(ii) has a history of being abused or neglected; and

(B) there is a threat of:

(i) immediate or continued abuse or neglect to the child;

(ii) someone illegally taking the child from the home in which the child is placed;

(iii) behavior that poses a threat to the caregiver with whom the child is placed; or

(iv) someone committing an act of violence against the child or the child's caregiver; and

(3) is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.

Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: in the Interest of H.C., a Child, 602 S.W.3d 654 (Tex. App.—Texarkana 2020).
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in the Interest of H.C., a Child, 602 S.W.3d 654 (Tex. App.—Texarkana 2020). “See TEX. FAM. CODE ANN. § 261.501 (Supp.) (authorizing the Department to “file on application for a protective order for a child’s protection .”
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