Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:
(1) has temporary managing conservatorship of the child;
(2) determines that:
(A) the child:
(i) is a victim of abuse or neglect; or
(ii) has a history of being abused or neglected; and
(B) there is a threat of:
(i) immediate or continued abuse or neglect to the child;
(ii) someone illegally taking the child from the home in which the child is placed;
(iii) behavior that poses a threat to the caregiver with whom the child is placed; or
(iv) someone committing an act of violence against the child or the child's caregiver; and
(3) is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Subchapter F. Protective Order in Certain Cases of Abuse or Neglect
Section 261.501. Filing Application for Protective Order in Certain Cases of Abuse or Neglect
Section 261.502. Certification of Findings
Section 261.503. Temporary Ex Parte Order
Section 261.504. Required Findings; Issuance of Protective Order