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 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD
Texas Codes

Tex. Fam. Code § 262.001 (2026)

Authorized Actions By Governmental Entity

✓ current as of May 2026
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Sec. 262.001. AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY. (a) 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 as provided by this chapter.

(b) In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child's home or to make it possible to return a child to the child's home, the child's health and safety is the paramount concern.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 29, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 27 cases (8 in the last 5 years), 2000–2026 · leading case: In Re Verbois, 10 S.W.3d 825 (Tex. App. 2000).
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In Re Verbois, 10 S.W.3d 825 (Tex. App. 2000). · cites it 2× “" TEX. FAM.CODE ANN. § 262.001(b). As the prosecuting attorney, though, the County Attorney's "primary duty [is] not to convict, but to see that justice is done.”
in the Interest of K.D., a Minor Child, 471 S.W.3d 147 (Tex. App. 2015). “See generally Tex. Fam. Code Ann. § 262.001 (B) (West 2014) (“In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child’s home or to make it possible to return a child to the child’s…”
In the Interest of D.W., 533 S.W.3d 460 (Tex. App. 2017). “Tex. Fam. Code Ann. § 262.001 (West 2014).”
Caudillo v. Lubbock Indep. Sch. Dist., 311 F. Supp. 2d 550 (N.D. Tex. 2004). “” See Tex. Fam.Code Ann. § 262.001(5)(D) (Vernon 2002).”
In the Interest of J.I.M., 516 S.W.3d 674 (Tex. App. 2017). “Tex. Fam. Code Ann. § 262.001 (West 2014).”
in the Interest of R.P., a Child (Tex. App. 2018). “On May 25, 2017, the Department filed separate original petitions respecting each child “for protection of a child, for conservatorship, and for termination in a suit affecting the parent-child relationship” pursuant to Chapter 262 of the Texas Family Code. See TEX. FAM. CODE…”
in the Interest of D.D., Jr., Child (Tex. App. 2018). “On May 25, 2017, the Department filed separate original petitions respecting each child “for protection of a child, for conservatorship, and for termination in a suit affecting the parent-child relationship” pursuant to Chapter 262 of the Texas Family Code. See TEX. FAM. CODE…”
in the Interest of I.L.,et Al., Child. (Tex. App. 2019). “” See TEX. FAM. CODE § 262.001 (codified under Title 5, subtitle E, permitting a “governmental entity” to file a SAPCR).”
in the Interest of C.J.B., a Child (Tex. App. 2019). “On January 26, 2018, the Department filed its original petition for protection of the child, for conservatorship, and for termination in a suit affecting the parent-child relationship pursuant to Chapter 262 of the Texas Family Code. See TEX. FAM. CODE ANN.”
in Re Greg Abbott in His Off. Capacity as Governor of the State of Texas Jaime Masters in Her Off. Capacity as Comm'r of the Dep't of Fam. & Prot. Servs. & the Texas Dep't of Fam. & Prot. Servs. (Tex. 2022). “5 See generally TEX. FAM. CODE § 262.001 et seq. In other words, DFPS does not need permission from courts to investigate, but it needs permission from courts to take action on the basis of an investigation.”
In Re A.S. v. the State of Texas (Tex. App. 2023). “See generally TEX. FAM. CODE ANN. §§ 262.001– .417. The Department is granted authority in urgent circumstances to remove a child from his or her home without prior notice.”
In the Interest of A.a., G.a., & K.a., Child. v. The State of Texas (Tex. 2023). “48 See TEX. FAM. CODE § 262.001(b) (“In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child’s home or to make it possible to return a child to the child’s home, the child’s health and…”
Show all 27 citing cases →
— Tex. Fam. Code § 262.001(5)(D) — 1 case
Caudillo v. Lubbock Indep. Sch. Dist., 311 F. Supp. 2d 550 (N.D. Tex. 2004). “” See Tex. Fam.Code Ann. § 262.001(5)(D) (Vernon 2002).”
— Tex. Fam. Code § 262.001(a) — 1 case
in the Interest of M.F., C.B.F. & E.F., Child. (Tex. App. 2010).
— Tex. Fam. Code § 262.001(b) — 3 cases
In Re Verbois, 10 S.W.3d 825 (Tex. App. 2000). “" TEX. FAM.CODE ANN. § 262.001(b). As the prosecuting attorney, though, the County Attorney's "primary duty [is] not to convict, but to see that justice is done.”
In the Interest of A.a., G.a., & K.a., Child. v. The State of Texas (Tex. 2023). “48 See TEX. FAM. CODE § 262.001(b) (“In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child’s home or to make it possible to return a child to the child’s home, the child’s health and…”
in the Interest of A.L.W. & A.N.W., Minor Child. (Tex. App. 2015).
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