E. Order Seeking Removal of Alleged Perpetrator of Physical or Sexual Abuse
Without asking for removal of the child, DFPS may file a petition for removal of the alleged perpetrator of child abuse from the household. Tex. Fam. Code § 262.1015(a).
DFPS can also:
- File for a protective order on behalf of the child instead of or in addition to obtaining a temporary restraining order; or
- Assist a parent or other adult with whom a child resides in obtaining a protective order. Tex. Fam. Code § 262.1015(a-1).
1. Court Orders
The court may order:
• Removal of the alleged perpetrator; and
• The remaining parent to make a reasonable effort to monitor the residence and report any attempt of the alleged perpetrator to return to the residence. Tex. Fam. Code § 262.1015(e).
2. Expiration of the Temporary Restraining Order
3. Violation of Temporary Restraining Order
It is a Class A misdemeanor if either parent violates the order; if a parent has been previously convicted of the same offense, it is a third degree felony. Tex. Fam. Code § 262.1015(h).
4. Child With Sexually Transmitted Disease
DFPS must take additional steps if the investigation reveals that a child younger than 11 has a sexually transmitted disease. DFPS must appoint a special investigator to assist in the investigation of the case and that investigator must follow Tex. Fam. Code § 262.010, including coordinating with law enforcement. Tex. Fam. Code § 262.010.