Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

L. Aggravated Circumstances

If the court finds aggravated circumstances, it may:

• Waive the requirements of formulating a service plan and making reasonable efforts to return the child to a parent; and

• Accelerate the trial schedule. Tex. Fam. Code § 262.2015(a).

To view the list of aggravated circumstances, see Tex. Fam. Code § 262.2015.

Special Issue: One of the offenses that constitutes aggravated circumstances is knowingly subjecting a child to sex trafficking, receiving a benefit from a venture that involves sex trafficking, or engaging in sexual conduct with a trafficked child.

The court must also:

• Find that reasonable efforts to make it possible for the child to safely return home are not required;

• Set and conduct the initial Permanency Hearing within 30 days of making this finding; and

• Set the final hearing. Note that there is no required time frame for a trial on the merits other than before the dismissal date set pursuant to Tex. Fam. Code § 263.401. Tex. Fam. Code § 262.2015(c) and (d).