Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

A. Filing the Petition

DFPS may file a suit in the county in which the child is located requesting the court to render a temporary order requiring the parent, managing conservator, guardian, or other member of the child's household to participate in services for:

•   Alleviating the effects of the abuse or neglect that has occurred;

•   Reducing a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; or

•   Reducing a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; and

•   Permitting the child and any siblings of the child to receive services. Tex. Fam. Code § 264.203(a)-(b).

The petition must be supported by a sworn affidavit by a person based on personal knowledge and stating facts sufficient to support a finding that:

•   The child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and

•   There is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household unless that person participates in services requested by DFPS. Tex. Fam. Code § 264.203(d).