Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

A. Order Seeking Removal of Alleged Perpetrator of Physical or Sexual Abuse

Without asking for removal of the child, DFPS may file a petition for removal of the alleged perpetrator of child abuse from the household. Tex. Fam. Code § 262.1015(a).

DFPS can also:

•   File for a protective order on behalf of the child instead of or in addition to obtaining a temporary restraining order; or

•   Assist a parent or other adult with whom a child resides in obtaining a protective order. Tex. Fam. Code § 262.1015(a-1).

DFPS can file for a protective order in certain cases under Tex. Fam. Code § 261.501, which provides for a protective order on its own or jointly with a parent or relative caregiver when DFPS is not otherwise authorized to seek a protective order under Tex. Fam. Code § 82.002. Tex. Fam. Code § 261.501.

DFPS is also required to include in its petition for removal a statement as to whether there is a protective order in effect or an application pending under Tex. Fam. Code Title 4, Tex. Crim. Proc. Code Chapter 7B, or an order for emergency protection under Tex. Crim. Proc. Code Art. 17.292. The Department must also attach a copy of each order in effect if a party to the suit or a child of a party was the applicant or victim and the other party was the respondent. If a copy of an order in effect is not available at the time of filing of the petition, the petition must state that a copy of the order will be filed with the court before any hearing. Tex. Fam. Code § 102.008.

1. Court Orders

The court may order:

•   Removal of the alleged perpetrator; and

•   The remaining parent to make a reasonable effort to monitor the residence and report any attempt of the alleged perpetrator to return to the residence. Tex. Fam. Code § 262.1015(e).

2. Expiration of the Temporary Restraining Order

The order remains in effect for up to 14 days, unless the court grants an extension under Tex. Fam. Code § 262.201(a-5), (e), or (e-1). Tex. Fam. Code § 262.1015(d).

3. Violation of Temporary Restraining Order

It is a Class A misdemeanor if either parent violates the order; if a parent has been previously convicted of the same offense, it is a third-degree felony. Tex. Fam. Code § 262.1015(h).

4. Child with Sexually Transmitted Disease

DFPS must take additional steps if the investigation reveals that a child younger than 11 has a sexually transmitted disease. DFPS must appoint a special investigator to assist in the investigation of the case and that investigator must follow the requirements in Tex. Fam. Code § 262.010, including coordinating with law enforcement. Tex. Fam. Code § 262.010.