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 § 262.2015 (2026)

Aggravated Circumstances

✓ current as of May 2026
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Sec. 262.2015. AGGRAVATED CIRCUMSTANCES. (a) The court may waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to a parent and may accelerate the trial schedule to result in a final order for a child under the care of the Department of Family and Protective Services at an earlier date than provided by Subchapter D, Chapter 263, if the court finds that the parent has subjected the child to aggravated circumstances.

(b) The court may find under Subsection (a) that a parent has subjected the child to aggravated circumstances if:

(1) the parent abandoned the child without identification or a means for identifying the child;

(2) the child or another child of the parent is a victim of serious bodily injury or sexual abuse inflicted by the parent or by another person with the parent's consent;

(3) the parent has engaged in conduct against the child or another child of the parent that would constitute an offense under the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 21.11 (indecency with a child);

(E) Section 22.011 (sexual assault);

(F) Section 22.02 (aggravated assault);

(G) Section 22.021 (aggravated sexual assault);

(H) Section 22.04 (injury to a child, elderly individual, or disabled individual);

(I) Section 22.041 (abandoning or endangering a child, elderly individual, or disabled individual);

(J) Section 25.02 (prohibited sexual conduct);

(K) Section 43.25 (sexual performance by a child);

(L) Section 43.26 (possession or promotion of child pornography);

(M) Section 21.02 (continuous sexual abuse of young child or disabled individual);

(N) Section 43.05(a)(2) (compelling prostitution); or

(O) Section 20A.02(a)(7) or (8) (trafficking of persons);

(4) the parent voluntarily left the child alone or in the possession of another person not the parent of the child for at least six months without expressing an intent to return and without providing adequate support for the child;

(5) the parent has been convicted for:

(A) the murder of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1111(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;

(B) the voluntary manslaughter of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1112(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States;

(C) aiding or abetting, attempting, conspiring, or soliciting an offense under Paragraph (A) or (B); or

(D) the felony assault of the child or another child of the parent that resulted in serious bodily injury to the child or another child of the parent; or

(6) the parent is required under any state or federal law to register with a sex offender registry.

(c) On finding that reasonable efforts to make it possible for the child to safely return to the child's home are not required, the court shall at any time before the 30th day after the date of the finding, conduct an initial permanency hearing under Subchapter D, Chapter 263. Separate notice of the permanency plan is not required but may be given with a notice of a hearing under this section.

(d) The Department of Family and Protective Services shall make reasonable efforts to finalize the permanent placement of a child for whom the court has made the finding described by Subsection (c). The court shall set the suit for trial on the merits as required by Subchapter D, Chapter 263, in order to facilitate final placement of the child.

Added by Acts 1997, 75th Leg., ch. 1022, Sec. 79, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 40, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 849, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.35, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.33, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.04, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.164, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 26, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.19, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 831 (H.B. 2924), Sec. 2, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 6, eff. September 1, 2023.

Notes of Decisions
Cited in 46 cases (12 in the last 5 years), 2004–2025 · leading case: in the Interest of J.D., a Child, 436 S.W.3d 105 (Tex. App. 2014).
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in the Interest of J.D., a Child, 436 S.W.3d 105 (Tex. App. 2014). · cites it 2× “Texas Family Code Section 262.2015 authorizes the trial court to waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to the parent if the parent has subjected the child to “aggravated circumstances.”
in the Interest of A.L.H., Child, 468 S.W.3d 738 (Tex. App. 2015). · cites it 2× “” Tex. Fam. Code Ann. § 262.2015 (a)(West 2014); see also In re Pate, 407 S.”
In Re Cochran, 151 S.W.3d 275 (Tex. App. 2004). · cites it 3× “” Tex. Fam.Code Ann. § 262.2015(a) (Vernon 2002).”
In the Interest of K.S., a Child, 448 S.W.3d 521 (Tex. App. 2014). · cites it 2× “§§ 1914 , 1921; Tex. Fam.Code Ann. § 262.2015 (West 2014).”
in the Interest of J.F.G., III, a Child, 500 S.W.3d 554 (Tex. App. 2016). · cites it 2× “This section of the Family Code provides, in pertinent part, that "[t]he court may waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to a parent ,, if the court finds that the parent has subjected the child to aggravated…”
In Re Allen, 359 S.W.3d 284 (Tex. App. 2012). · cites it 2× “” Tex. Fam.Code Ann. § 262.2015(a) (West Supp.”
In the Interest of A.K., 487 S.W.3d 679 (Tex. App. 2016). “Tex. Fam. Code Ann. § 262.2015 (a) (West Supp.”
In re R. R., 537 S.W.3d 621 (Tex. App. 2017). “See Tex. Fam. Code § 262.2015(a). The associate judge held a hearing, at which several witnesses testified, and on August 11, she issued an order determining that relator had subjected Dustin to aggravated circumstances, stopping all visitation between relator and her child…”
in the Interest of C. M. J. AKA C.W. v. Dep't of Fam. & Prot. Servs., 573 S.W.3d 404 (Tex. App. 2019). “The trial court found the existence of aggravated circumstances under Texas Family Code section 262.2015, which relieved the Department of its obligations to provide the mother with a family-services plan or make reasonable efforts to return the child to her care.”
In re Pate, 407 S.W.3d 416 (Tex. App. 2013). “” Tex. Fam.Code Ann. § 262.2015(a). A court may find a parent has subjected the child to aggravated circumstances if: (1) the parent abandoned the child without identification or a means for identifying the child; (2) the child is a victim of serious bodily injury or sexual…”
Rosalba Hernandez v. Dep't of Fam. & Prot. Servs., 392 S.W.3d 188 (Tex. App. 2012). “Rosalba Hernandez seeks to appeal from an interlocutory order entered pursuant to Tex.Fam.Code ANN. § 262.2015 (West 2011).”
in the Interest of X.A.S., a Child (Tex. App. 2020). · cites it 2× “” TEX. FAM. CODE § 262.2015(a). The first element focuses on the Department’s conduct; the second and third elements focus on the parent’s conduct.”
Show all 46 citing cases →
— Tex. Fam. Code § 262.2015(5) — 1 case
in the Interest of A.L.H., Child, 468 S.W.3d 738 (Tex. App. 2015). “” Tex. Fam. Code Ann. § 262.2015 (a)(West 2014); see also In re Pate, 407 S.”
— Tex. Fam. Code § 262.2015(a) — 16 cases
in the Interest of J.D., a Child, 436 S.W.3d 105 (Tex. App. 2014). “Texas Family Code Section 262.2015 authorizes the trial court to waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to the parent if the parent has subjected the child to “aggravated circumstances.”
In re R. R., 537 S.W.3d 621 (Tex. App. 2017). “See Tex. Fam. Code § 262.2015(a). The associate judge held a hearing, at which several witnesses testified, and on August 11, she issued an order determining that relator had subjected Dustin to aggravated circumstances, stopping all visitation between relator and her child…”
In Re Allen, 359 S.W.3d 284 (Tex. App. 2012). “” Tex. Fam.Code Ann. § 262.2015(a) (West Supp.”
In re Pate, 407 S.W.3d 416 (Tex. App. 2013). “” Tex. Fam.Code Ann. § 262.2015(a). A court may find a parent has subjected the child to aggravated circumstances if: (1) the parent abandoned the child without identification or a means for identifying the child; (2) the child is a victim of serious bodily injury or sexual…”
In Re Cochran, 151 S.W.3d 275 (Tex. App. 2004). “” Tex. Fam.Code Ann. § 262.2015(a) (Vernon 2002).”
— Tex. Fam. Code § 262.2015(b) — 1 case
In Re Cochran, 151 S.W.3d 275 (Tex. App. 2004). “” Tex. Fam.Code Ann. § 262.2015(a) (Vernon 2002).”
— Tex. Fam. Code § 262.2015(b)(3)(E) — 1 case
M. Z. & R. B. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2014).
— Tex. Fam. Code § 262.2015(b)(3)(H) — 1 case
M. S. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2024).
— Tex. Fam. Code § 262.2015(b)(3)(I) — 3 cases
in the Interest of J.T.W.P., a Child v. Dep't of Fam. & Prot. Servs. (Tex. App. 2019).
R. C. C. & N. T. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2022).
G. R. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2022).
— Tex. Fam. Code § 262.2015(b)(5) — 6 cases
In Re Allen, 359 S.W.3d 284 (Tex. App. 2012). “” Tex. Fam.Code Ann. § 262.2015(a) (West Supp.”
In Re Cochran, 151 S.W.3d 275 (Tex. App. 2004). “” Tex. Fam.Code Ann. § 262.2015(a) (Vernon 2002).”
in the Interest of D. P., a Child (Tex. App. 2014).
in the Interest of J. T. K., a Child (Tex. App. 2014).
Stonewall Fin. Servs. Corp., Douglas W. Brady & the Law Offices of Douglas W. Brady, PC, D/B/A Brady & Cole, PC v. Gary Corona (Tex. App. 2012).
— Tex. Fam. Code § 262.2015(b)(6)(D) — 1 case
Lydia M. McLane v. Fred L. McLane (Tex. App. 2006).
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