Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

Introduction

A Full Adversary Hearing occurs after a court grants an ex parte order approving the removal of a child from a parent or caretaker; this hearing is to be held within 14 days of the date the child was taken into possession by DFPS. Tex. Fam. Code § 262.201. Courts across Texas differ in the way Full Adversary Hearings are held, but in all cases DFPS has the burden to show why its recommendations should be approved by the court, including why a child should be in substitute care.

Please see the Checklist Section for the Adversary Hearing Checklist.