A. Sufficient Evidence to Satisfy a Person of Ordinary Prudence and Caution

The standard “ordinary prudence and caution” requires a minimal showing of evidence, less than a preponderance but enough to persuade a reasonable person, similar to the “probable cause” required for a search warrant. This burden of proof applies to:

•   Hearing on a request for court ordered participation. Tex. Fam. Code § 264.203.

•   Ex Parte Removal Hearing. Tex. Fam. Code § 262.101;

•   Taking Possession of a Child in Emergency Without a Court Order. Tex. Fam. Code § 262.104; and

•   Full Adversary Hearing. Tex. Fam. Code § 262.201.