Legal Overview of Removal of Children

Texas Family Code

Title 5. The Parent-Child Relationship & the Suit Affecting the Parent-Child Relationship

Chapter 262. Procedures in Suit by Governmental Entity to Protect Health & Safety of Child

Tex. Fam. Code Chapter 262 governs the circumstances in which DFPS may seek managing conservatorship of a child if there is an immediate need for the child's removal from the home due to child abuse or neglect. Tex. Fam. Code Chapter 262, Subchapter B. However, in some cases, if in the opinion of DFPS, a real and unacceptable risk of harm to the child exists, even in the absence of an actual emergency, DFPS may proceed under Tex. Fam. Code § 262.113.

A. Removal or Conservatorship of a Child

B. Jurisdiction, Venue, and Transfer

C. Emergency Removal With a Court Order

D. Emergency Removal Without a Court Order

E. Expedited Hearing and Appeal

F. After Ex Parte Order Authorizing Removal

G. Filing Suit Prior to Taking Possession of Child

H. Service of Citation

I. Evaluation of Identified Relatives and Other Designated Individuals

J. Placement

K. Visitation Schedule

L. Placement When Child Victim of Human Trafficking