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 § 262.109 (2026)

Notice To Parent, Conservator, Or Guardian

✓ current as of May 2026
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Sec. 262.109. NOTICE TO PARENT, CONSERVATOR, OR GUARDIAN. (a) The Department of Family and Protective Services or other agency must give written notice as prescribed by this section to each parent of the child or to the child's conservator or legal guardian when a representative of the department or other agency takes possession of a child under this chapter.

(b) The written notice must be given as soon as practicable, but in any event not later than the first business day after the date the child is taken into possession.

(c) The written notice must include:

(1) the reasons why the department or agency is taking possession of the child and the facts that led the department to believe that the child should be taken into custody;

(2) the name of the person at the department or agency that the parent, conservator, or other custodian may contact for information relating to the child or a legal proceeding relating to the child;

(3) a summary of legal rights of a parent, conservator, guardian, or other custodian under this chapter and an explanation of the probable legal procedures relating to the child; and

(4) a statement that the parent, conservator, or other custodian has the right to hire an attorney.

(d) The written notice may be waived by the court at the initial hearing:

(1) on a showing that:

(A) the parents, conservators, or other custodians of the child could not be located; or

(B) the department took possession of the child under Subchapter D; or

(2) for other good cause.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 76, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 1150, Sec. 17, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 36, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.160, eff. April 2, 2015.

Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 11, eff. September 1, 2017.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2005–2021 · leading case: Wilkerson v. State, 173 S.W.3d 521 (Tex. Crim. App. 2005).
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Wilkerson v. State, 173 S.W.3d 521 (Tex. Crim. App. 2005). · cites it 2× “[38] TEX. FAM.CODE § 262.109. [39] The entire objection, voir dire, argument, and ruling is quoted in footnote four.”
in the Interest of B.C.C. & K.M.C., Child. (Tex. App. 2021). “See TEX. FAM. CODE § 262.109(d) (notice may be waived on showing that parent could not be located or for other good cause); id.”
— Tex. Fam. Code § 262.109(d) — 1 case
in the Interest of B.C.C. & K.M.C., Child. (Tex. App. 2021). “See TEX. FAM. CODE § 262.109(d) (notice may be waived on showing that parent could not be located or for other good cause); id.”
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