Texas Codes

Tex. Fam. Code § 262.104 (2026)

Taking Possession Of A Child In Emergency Without A Court Order

✓ current as of May 2026

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Sec. 262.104. TAKING POSSESSION OF A CHILD IN EMERGENCY WITHOUT A COURT ORDER. (a) If there is no time to obtain a temporary order, temporary restraining order, or attachment under Section 262.102(a) before taking possession of a child consistent with the health and safety of that child, an authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take possession of a child without a court order under the following conditions, only:

(1) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;

(2) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;

(3) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code;

(4) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code; or

(5) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that the parent or person who has possession of the child is currently using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constitutes an immediate danger to the physical health or safety of the child.

(b) An authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take possession of a child under Subsection (a) on personal knowledge or information furnished by another, that has been corroborated by personal knowledge, that would lead a person of ordinary prudence and caution to believe that the parent or person who has possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamine.

(c) An authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may not take possession of a child under Subsection (a) based solely on the opinion of a medical professional under contract with the Department of Family and Protective Services who did not conduct a physical examination of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 20, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 2, eff. August 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.157, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 2, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 6, eff. September 1, 2021.

Notes of Decisions

Cited in 70 cases (4 in the last 5 years), 1999–2023 · leading case: In the Interest of E.C.R., Child, 402 S.W.3d 239 (Tex. 2013).

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In the Interest of E.C.R., Child, 402 S.W.3d 239 (Tex. 2013). · cites it 2× “” Tex. Fam.Code § 262.104. The next day, the Department filed a petition seeking conservatorship of E.”

In the Interest of J.F.C., 96 S.W.3d 256 (Tex. 2002). “Justice O’NEILL concurred in the judgment only. Justice HANKINSON filed a dissenting opinion, in which Justice ENOCH joined.”

in the Interest of D.R.J. & T.F.J., Child., 395 S.W.3d 316 (Tex. App. 2013). · cites it 4× “See Tex. Fam. Code Ann. § 262.104 (West 2008).”

in the Interest of G.M.G., a Child, 444 S.W.3d 46 (Tex. App. 2014). · cites it 2× “See Tex. Fam. Code § 262.104. After an adversary hearing, the court issued temporary orders continuing the Department’s conservatorship.”

Gates v. Texas Deparment of Prot. & Regulatory Servs., 537 F.3d 404 (5th Cir. 2008). “See Tex. Fam.Code Ann. § 262.104(a) (authorizing the seizure of children without a court order if a person of ordinary prudence and caution would believe there is an immediate danger to the physical health or safety of the children).”

In Re Texas Dep't of Fam. & Prot. Servs., 255 S.W.3d 613 (Tex. 2008). · cites it 2× “NOTES [1] See TEX. FAM. CODE § 262.104(a) ("If there is no time to obtain a temporary restraining order or attachment before taking possession of a child consistent with the health and safety of that child, an authorized representative of the Department of Family and Protective…”

In re M. N. M., 524 S.W.3d 396 (Tex. App. 2017). · cites it 3× “See generally Tex. Fam. Code Ann. § 262.104 (Vernon 2014 & Supp.”

in the Interest of E.W., a Child, 494 S.W.3d 287 (Tex. App. 2015). · cites it 2× “See Tex. Fam.Code Ann. §§ 262.104, 262.201 (West 2014), Section 262.”

Christina Romero v. Amanda Brown, 937 F.3d 514 (5th Cir. 2019). “See TEX. FAMILY CODE §§ 262.104, 106 (2017) (requiring such a hearing for a removal without court order).”

In Re Northrop, 305 S.W.3d 172 (Tex. App. 2009). · cites it 2× “Tex. Fam.Code Ann. § 262.104 (Vernon 2008).”

Reynolds v. State, 543 S.W.3d 235 (Tex. Crim. App. 2018). · cites it 2× “Texas Family Code § 262.104 allows the Department, under certain circumstances, to take emergency possession of a child without a court order.”

In re Pate, 407 S.W.3d 416 (Tex. App. 2013). “Tex. Fam.Code Ann. § 262.104. After such an emergency removal, a court must hold an initial hearing, then a full adversary hearing within fourteen days of the child’s removal.”

Show all 70 citing cases →

— Tex. Fam. Code § 262.104(a) — 2 cases

In Re Texas Dep't of Fam. & Prot. Servs., 255 S.W.3d 613 (Tex. 2008). “NOTES [1] See TEX. FAM. CODE § 262.104(a) ("If there is no time to obtain a temporary restraining order or attachment before taking possession of a child consistent with the health and safety of that child, an authorized representative of the Department of Family and Protective…”

— Tex. Fam. Code § 262.104(a)(1) — 6 cases

In the Interest of E.C.R., Child, 402 S.W.3d 239 (Tex. 2013). “” Tex. Fam.Code § 262.104. The next day, the Department filed a petition seeking conservatorship of E.”

in the Interest of D.R.J. & T.F.J., Child., 395 S.W.3d 316 (Tex. App. 2013). “See Tex. Fam. Code Ann. § 262.104 (West 2008).”

in the Interest of E.W., a Child, 494 S.W.3d 287 (Tex. App. 2015). “See Tex. Fam.Code Ann. §§ 262.104, 262.201 (West 2014), Section 262.”

in the Interest of A.G. & F.G., Child. (Tex. App. 2015).

in the Interest of S. R.- M. C. (Tex. App. 2015).

— Tex. Fam. Code § 262.104(a)(2) — 1 case

in the Interest of P.D. & C.D., Child. (Tex. App. 2014).

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