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 § 262.106 (2026)

Initial Hearing After Taking Possession Of Child In Emergency Without Court Order

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 262.106. INITIAL HEARING AFTER TAKING POSSESSION OF CHILD IN EMERGENCY WITHOUT COURT ORDER. (a) The court in which a suit has been filed after a child has been taken into possession without a court order by a governmental entity shall hold an initial hearing on or before the first business day after the date the child is taken into possession. The court shall render orders that are necessary to protect the physical health and safety of the child. If the court is unavailable for a hearing on the first business day, then, and only in that event, the hearing shall be held no later than the first business day after the court becomes available, provided that the hearing is held no later than the third business day after the child is taken into possession.

(b) The initial hearing may be ex parte and proof may be by sworn petition or affidavit if a full adversary hearing is not practicable.

(c) If the initial hearing is not held within the time required, the child shall be returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child.

(d) For the purpose of determining under Subsection (a) the first business day after the date the child is taken into possession, the child is considered to have been taken into possession by the Department of Family and Protective Services on the expiration of the five-day period permitted under Section 262.007(c) or 262.110(b), as appropriate.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 16, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 35, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.159, eff. April 2, 2015.

Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 9, eff. September 1, 2017.

Notes of Decisions
Cited in 11 cases, 2009–2018 · leading case: In re Justin M., 549 S.W.3d 330 (Tex. App. 2018).
Sort: Relevance Newest Treatment
In re Justin M., 549 S.W.3d 330 (Tex. App. 2018). · cites it 4× “" TEX. FAM. CODE ANN. § 262.106(a). "If the initial hearing is not held within the time required, the child shall be returned to the parent, .”
In re Pate, 407 S.W.3d 416 (Tex. App. 2013). “Tex. Fam.Code Ann. §§ 262.106, 262.201(a).”
In re M. N. M., 524 S.W.3d 396 (Tex. App. 2017). “Tex. Fam. Code Ann. § 262.106 (Vernon Supp.”
W. W. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2015). · cites it 5× “at ¶ 4(c); see also Tex. Fam. Code § 262.106 (governing initial hearing after taking possession of child in emergency without court order).”
in the Interest of A.S., a Child (Tex. App. 2016). “See Tex. Fam. Code Ann. § 262.106 (West Supp.”
in the Interest of V.S., a Child (Tex. App. 2018). “3 Tex. Fam. Code Ann. § 262.106 (West Supp.”
in the Interest of B. W. B., a Child (Tex. App. 2009). “Tex. Fam. Code Ann. §§ 262.106 , 262.201(a) (Vernon 2009).”
in the Interest of B. W. B., a Child (Tex. App. 2009). “Tex. Fam. Code Ann. §§ 262.106 , 262.201(a) (Vernon 2009).”
in the Interest of B. W. B., a Child (Tex. App. 2009). “Tex. Fam. Code Ann. §§ 262.106 , 262.201(a) (Vernon 2009).”
in Re David Matthew Layton, Relator (Tex. App. 2009). “Tex. Fam. Code Ann. §§ 262.106 , 262.201(a) (Vernon 2009).”
in Re Jessica Pate (Tex. App. 2013). “Tex. Fam. Code Ann. §§ 262.106 , 262.201(a).”
— Tex. Fam. Code § 262.106(a) — 2 cases
In re Justin M., 549 S.W.3d 330 (Tex. App. 2018). “" TEX. FAM. CODE ANN. § 262.106(a). "If the initial hearing is not held within the time required, the child shall be returned to the parent, .”
W. W. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2015). “at ¶ 4(c); see also Tex. Fam. Code § 262.106 (governing initial hearing after taking possession of child in emergency without court order).”
— Tex. Fam. Code § 262.106(b) — 1 case
W. W. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2015). “at ¶ 4(c); see also Tex. Fam. Code § 262.106 (governing initial hearing after taking possession of child in emergency without court order).”
— Tex. Fam. Code § 262.106(c) — 1 case
In re Justin M., 549 S.W.3d 330 (Tex. App. 2018). “" TEX. FAM. CODE ANN. § 262.106(a). "If the initial hearing is not held within the time required, the child shall be returned to the parent, .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.