Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that:
(1) the child:
(A) is a victim of abuse or neglect; or
(B) has a history of being abused or neglected; and
(2) there is a threat of:
(A) immediate or continued abuse or neglect to the child;
(B) someone illegally taking the child from the home in which the child is placed;
(C) behavior that poses a threat to the caregiver with whom the child is placed; or
(D) someone committing an act of violence against the child or the child's caregiver.
(a-1) In making a determination whether the child is or has been a victim of abuse or neglect, the court shall consider the opinion of a medical professional obtained by an individual against whom a protective order is sought.
(b) If the court makes an affirmative finding under Subsection (a), the court shall issue a protective order that includes a statement of that finding.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 4, eff. September 1, 2021.
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