Texas Child Protection Law Bench Book
2023 version: As effective November 1, 2023
C. 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.