J. Identification of CCEJ

A suit brought by DFPS as provided by Chapter 262 may be filed in a court with jurisdiction to hear the suit in the county in which the child is found. Tex. Fam. Code § 262.002. If at the conclusion of the full adversary hearing the court renders a temporary order, DFPS must request identification of the CCEJ as provided by Tex. Fam. Code Chapter 155. Tex. Fam. Code § 262.202. Upon request, VSU must (1) identify the court that last had CCEJ of the child in a suit and give the docket number of the suit; or (2) state that the child has not been the subject of a suit. Tex. Fam. Code § 155.101.

A court shall have jurisdiction over a suit if it has been, correctly or incorrectly, informed by VSU that the child has not been the subject of a suit and the petition states that no other court has continuing, exclusive jurisdiction over the child, unless VSU notifies the court that it has furnished incorrect information regarding the existence of another court with CCEJ before rendition of a final order. Tex. Fam. Code § 155.103. Additionally, if a request for information from VSU relating to the identity of the CCEJ of the child has been made, a final order, except an order of dismissal, may not be rendered until the information is filed with the court. Tex. Fam. Code § 155.104(a). If a final order is rendered in the absence of the filing of the information from VSU, the order is voidable on a showing that a court other than the court that rendered the order had CCEJ. Tex. Fam. Code § 155.104(b).

If a transfer is necessary, please see Jurisdiction, Transfer, and Venue section above.