Sec. 152.315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL. (a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 152 - Uniform Child Custody Jurisdiction and Enforcement Act
Section 152.302. Enforcement Under Hague Convention
Section 152.303. Duty to Enforce
Section 152.304. Temporary Visitation
Section 152.305. Registration of Child Custody Determination
Section 152.306. Enforcement of Registered Determination
Section 152.307. Simultaneous Proceedings
Section 152.308. Expedited Enforcement of Child Custody Determination
Section 152.309. Service of Petition and Order
Section 152.310. Hearing and Order
Section 152.311. Warrant to Take Physical Custody of Child
Section 152.312. Costs, Fees, and Expenses
Section 152.313. Recognition and Enforcement
Section 152.314. Accelerated Appeals
Section 152.315. Role of Prosecutor or Public Official