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 § 262.101 (2026)

Filing Petition Before Taking Possession Of Child

✓ current as of May 2026
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Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF CHILD. (a) An original suit filed by a governmental entity that requests permission to take possession of a child without prior notice and a hearing must be supported by an affidavit sworn to by a person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:

(1) there is an immediate danger to the physical health or safety of the child or the child has been a victim of neglect or sexual abuse;

(2) continuation in the home would be contrary to the child's welfare;

(3) there is no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C;

(4) 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;

(5) 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:

(A) was offered but refused;

(B) 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

(C) would pose an immediate danger to the physical health or safety of the child; and

(6) 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.

(b) The affidavit required by Subsection (a) 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 1995, 74th Leg., ch. 751, Sec. 103, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 752, Sec. 1, eff. June 17, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 14, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 33, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 849, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 4, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 672 (H.B. 968), Sec. 1, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 2, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 7.003, eff. September 1, 2025.

Notes of Decisions
Cited in 29 cases (11 in the last 5 years), 2005–2026 · leading case: in the Interest of K.N.D., a Child, 403 S.W.3d 277 (Tex. App. 2012).
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in the Interest of K.N.D., a Child, 403 S.W.3d 277 (Tex. App. 2012). · cites it 3× “3 2 See TEX. FAM. CODE §§ 262.101, 262.102, 262.104 (West 2008).”
In re Justin M., 549 S.W.3d 330 (Tex. App. 2018). “See TEX. FAM. CODE ANN. §§ 262.101, 262.104 (West Supp.”
in the Interest of K.L.R., a Child, 162 S.W.3d 291 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 262.101 (Vernon 2002).”
In re Hughes, 446 S.W.3d 859 (Tex. App. 2014). “See Tex. Fam.Code Ann. § 262.101 (West 2014).”
in the Interest of J.J.R.S. & L.J.R.S., Child. (Tex. 2021). · cites it 2× “The Department filed its original petition against Mother on August 20, 2018, requesting orders pursuant to Texas Family Code section 262.101 for temporary sole managing 3 conservatorship of the children pending final disposition of the lawsuit.”
In Re Klr, 162 S.W.3d 291 (Tex. App. 2005). “See TEX. FAM.CODE ANN. § 262.101 (Vernon 2002).”
in the Interest of A.L.W. & A.N.W., Minor Child. (Tex. App. 2015). · cites it 2× “(citing TEX. FAM. CODE ANN. § 262.101). The affidavit must also state that the continuation in the home would be contrary to the child’s welfare.”
Jasma McCullough v. Dept of Fam & Protc Servs. (5th Cir. 2020). “” Tex. Fam. Code § 262.101. In Marks v. Hudson, this court considered whether the mother of three minor children could overcome a claim of qualified immunity by social workers based on the mother’s allegations that the social workers performed a deficient investigation into…”
in Re T.M. (Tex. App. 2021). “See Tex. Fam. Code Ann. § 262.101 . A full adversary hearing must be “held not later than the 14th day after the date the child was taken into possession” by the Department.”
in Re M.D.M. (Tex. App. 2021). “See Tex. Fam. Code Ann. § 262.101 . A full adversary hearing must be “held not later than the 14th day after the date the child was taken into possession” by the Department.”
Hammack, Michael Anthony (Tex. Crim. App. 2021). “See TEX. FAM. CODE §§ 262.101, 262.1015. 4 At trial, Appellant agreed to a stipulation of evidence that the order granted sole custody and possession of his child to TDFPS.”
in the Interest of L.I.C.S., a Child (Tex. App. 2022). “(citing TEX. FAM. CODE ANN. §§ 262.101, 262.104).”
Show all 29 citing cases →
— Tex. Fam. Code § 262.101(1) — 1 case
In the Interest of A.a., G.a., & K.a., Child. v. The State of Texas (Tex. 2023).
— Tex. Fam. Code § 262.101(a)(6) — 1 case
In the Interest of A.Y a Child v. Dep't of Fam. & Prot. Servs. (2026).
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