G. Filing Suit Prior to Taking Possession of Child

When it is Not Necessary to Remove a Child Prior to Notice and Hearing

An original suit filed by a governmental entity that requests to take possession of a child after notice and a hearing must be supported by an affidavit sworn to by a person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:

•   There is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the person entitled to possession of the child and that allowing the child to remain in the home would be contrary to the child's welfare; and

•   Reasonable efforts, consistent with the circumstances and providing for the safety of the child, have been made to prevent or eliminate the need to remove the child from the child's home. Tex. Fam. Code § 262.113.

Tex. Fam. Code § 262.1131 authorizes the court to render a Temporary Restraining Order as provided by Tex. Fam. Code § 105.001, when DFPS files suit under Tex. Fam. Code § 262.113.

A full adversary hearing on a non-emergency petition filed pursuant to Tex. Fam. Code § 262.113 must be held not later than the 30th day after the date the suit is filed. Tex. Fam. Code § 262.201(b).