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5000 CPS Legal Functions

5000.1 Purpose and Scope of CPS Legal Functions

CPS December 2013

Section 5000 of the CPS handbook provides guidance about the work CPS caseworkers do as part of or in preparation for a court hearing. While there is some crossover with traditional social casework, the primary focus of Section 5000 is the activities of CPS caseworkers in, rather than outside of, the court process.

5100 CPS’s Role in Litigation

CPS December 2013

CPS is required to investigate reports of child abuse and neglect.

If the problems are not severe and the parents voluntarily participate in services, no court action may be necessary.

If the parents do not cooperate, CPS does not have authority to act without a court order, in most circumstances. CPS may, therefore, request a court order to require:

  •  a parent to cooperate with an investigation;

  •  a parent to participate in services; or

  •  a perpetrator of abuse to leave the home or to stay away from a victim.

CPS also requests court orders, if ensuring a child’s safety makes it necessary to remove the child from the home. There are three kinds of removals, each with a different legal standard, depending on the seriousness of the harm and urgency of the circumstance. See 5400 Removal of a Child and Related Proceedings and Requirements.

To request a removal order, the caseworker writes an affidavit that contains sufficient facts to meet the applicable legal standard.

The caseworker may also be required to testify about the reasons for removal and, if so, may be cross-examined by attorneys for the parents. Cross-examination permits an attorney for the other side to ask questions designed to reveal any inconsistencies, errors, or bias in an affidavit or testimony.

The lawsuit that CPS files when a child must be removed is called a suit affecting the parent-child relationship (SAPCR).

To initiate the lawsuit, CPS files a document known as a petition.

The petition tells the court and the child’s parents that:

  •  CPS wants to take custody of the child; and

  •  CPS may ask the court to terminate parental rights and list the grounds for termination that apply to each parent, if reunification is not possible or successful.

As long as a child remains in CPS’s legal custody, federal and state laws require that the court review the case at specific times and make certain findings. The court must assess the child’s circumstances, the parent’s compliance with the service plan, and whether CPS has complied with federal and state laws on child protective services.

What follows is an overview of the legal requirements CPS must adhere to when court intervention is needed to protect children. While there can be many consequences of failing to comply with legal requirements, the most important is that CPS’s ability to protect a child can be jeopardized.

5110 Alternatives to Removal

5110.1 Purpose and Scope: Alternatives to Removal

CPS December 2013

The items under 5110 Alternatives to Removal through 5150 Hague Abduction Convention and Foreign Custody Court Orders explain the actions that may be taken either to prevent a removal, to resolve a case in a manner that makes removal unnecessary (for example, obtaining a protective order or requesting court-ordered services), or to make progress in a removal case (for example, to obtain court-ordered services).

5111 Court Orders in Aid of an Investigation

CPS December 2013

DFPS may request a court order to aid an investigation, if:

  •  the parent, the person responsible for the child’s care, or another person in charge of the home, school, or other place where the child is located is not granting CPS admission to that location;

  •  the parent or other person responsible for the child’s care does not consent to the release of the child’s prior medical, psychological, or psychiatric records; or

  •  the parent or other person responsible for the child’s care does not consent to a medical, psychological, or psychiatric examination of the child.

Texas Family Code, §261.303

5111.1 Approval to Seek a Court Order in Aid of an Investigation

CPS December 2013

If the caseworker determines that a court order is necessary to conduct an investigation, the caseworker must first seek supervisory approval of the determination.

If the supervisor agrees, the caseworker confers with the attorney representing DFPS to determine whether to move forward.

5111.2 Required Proof in Support of a Court Order in Aid of Investigation

CPS December 2013

To provide the proof required to obtain a court order in aid of an investigation:

  •  the attorney representing DFPS drafts a motion requesting the order; and

  •  the caseworker completes an affidavit that includes the facts and evidence sufficient to satisfy the court that there is good cause to grant the order.

Unless the local court requires otherwise, the caseworker uses the Sample Affidavit In Support of Order In Aid of Investigation provided under the Affidavit heading in The Texas Practice Guide for Child Protective Services Attorneys.

Good cause is not defined in statute, so the caseworker must submit an affidavit that demonstrates, in detail:

  •  why the order is being requested (that is, how and when the caseworker was refused access to the child, access to the child’s a medical, psychological, or psychiatric records, or consent to take the child for a medical, psychological, or psychiatric examination);

  •  why the requested access, records, or examination would facilitate the conduct of the investigation as required by law; and

  •  any other information relevant to the case.

5111.3 Notice and Service Requirements for a Court Order

CPS December 2013

Unless a local court’s rule prohibits it, a hearing to consider a court order to aid an investigation is conducted ex parte; that is, with only one party present.

The hearing is conducted with only CPS present:

  •  to giveCPS timely access to a child or records; and

  •  to avoid giving the alleged perpetrator an opportunity for absconding, removing the child from the jurisdiction, or altering or otherwise limiting CPS’s access to needed evidence.

The parent or other person who will be affected by the order is not given advance notice and does not appear at the hearing.

If the court grants the order, the parent or other responsible person is given notice of the court’s order at the time that the order is carried out.

5112 Removal of the Alleged Perpetrator From the Home

CPS December 2013

CPS must file a petition for the removal of the alleged perpetrator from the home of the child to ensure the child’s safety, rather than attempt to remove the child, if CPS determines that:

  •  the alleged perpetrator abused a child in the home; and

  •  the abused child would be safe in the child’s home by removing the alleged perpetrator from the home.

Texas Family Code §262.1015(a)

If the case involves family violence, the caseworker must be extremely cautious about seeking an order in aid of investigation. The consideration of whether the abused child would be safe in the home if such an order were obtained must include a consideration of whether it is realistic to expect an adult victim of violence to enforce the order. An order for removal of an alleged perpetrator holds the adult victim criminally responsible for failing to enforce the order, but because the victim may not have the necessary support or power to exclude the perpetrator from the home, and because it may be more volatile to exclude the perpetrator than to allow the perpetrator access to the home, the victim could be subjected to criminal liability for an action that the victim is not capable of avoiding.

As an alternative to filing a temporary restraining order to remove the alleged perpetrator, or in addition to filing for a temporary restraining order for removal of the alleged perpetrator, CPS may:

  •  file an application for a protective order on behalf of the child; or

  •  assist the parent or other adult with whom the child lives to obtain a protective order, if the caseworker determines that the parent or other adult demonstrates sufficient protective capacity to implement and abide by the order.

See 5114 Orders for Protection of a Child or Family Member.

5112.1 Seeking an Order for Removal of an Alleged Perpetrator From the Home
5112.11 Approval to Seek an Order for Removal of an Alleged Perpetrator From the Home

CPS December 2013

If the caseworker determines that CPS must seek a court order for removal of the alleged perpetrator, the caseworker must first seek supervisory approval of the caseworker’s determination.

If the supervisor agrees, the caseworker consults about the case with the attorney representing DFPS.

5112.12 Required Proof in Support of an Order for Removal of an Alleged Perpetrator From the Home

CPS December 2013

The attorney drafts the request for the order, and the caseworker must draft an affidavit containing facts and evidence sufficient to satisfy the court that each of the following elements is met:

  •  There is an immediate danger to the physical health or safety of the child, or the child has been a victim of sexual abuse;

  •  There is no time, consistent with the physical health or safety of the child, for an adversary hearing;

  •  The child is not in danger of abuse from a parent or other adult with whom the child will continue to live;

  •  The parent or other adult with whom the child will continue to live is likely to:

  •  make a reasonable effort to monitor the home; and

  •  report to DFPS and the appropriate law enforcement officer any attempt by the alleged perpetrator to return to the home; and

  •  The issuance of the order is in the best interest of the child.

Unless the local court requires otherwise, the caseworker uses the Sample Affidavit in Support of Order for Removal of Alleged Perpetrator provided under the Affidavit heading in The Texas Practice Guide for Child Protective Services Attorneys.

5112.13 Standard for Court’s Decision on Whether to Issue a Temporary Restraining Order

CPS December 2013

The court may issue a temporary restraining order to remove the alleged perpetrator from the home if the conditions in 5112.12 Required Proof in Support of an Order for Removal of an Alleged Perpetrator From the Home are met.

The court must order the removal of an alleged perpetrator in instances of ongoing or continuing danger or sexual abuse.

Texas Family Code §262.1015

5112.14 Notice and Service Requirements for a Court Order for Removal of an Alleged Perpetrator From the Home

CPS December 2013

One of the required elements for obtaining an order to remove an alleged perpetrator from the home of a child is that there is no time for an adversary hearing with notice to the parties. Accordingly, the hearing to seek an order for removal of the alleged perpetrator is conducted ex parte (that is, attended by only one party; in this case CPS). The alleged perpetrator is served with the order after it is issued and is not given notice of the hearing.

The caseworker and the attorney representing DFPS may determine that it is appropriate for the nonabusive parent to attend the hearing. If the nonabusive parent does not attend, the nonabusive parent is also served with the order after it is issued.

5112.2 The Effect of a Temporary Restraining Order for Removal of Alleged Perpetrator

CPS December 2013

A temporary restraining order for the removal of an alleged perpetrator from a child’s home requires the parent or other adult with whom the child will continue to live to do as follows:

  •  Make a reasonable effort to monitor the home (that is, do more than keep watch; take reasonable action to keep the child safe).

  •  Report to CPS and the appropriate law enforcement agency any attempt by the alleged perpetrator to return to the home.

The caregiver commits a Class A misdemeanor, if he or she fails to monitor or report.

The alleged perpetrator:

  •  commits a Class A misdemeanor, if he or she returns to the home; or

  •  commits a third-degree felony, if he or she returns to the home and has a previous conviction for returning to a home in violation of an order for removal.

Texas Family Code §262.1015(d)-(h)

5112.3 Duration of a Temporary Restraining Order for Removal of Alleged Perpetrator

CPS December 2013

A temporary restraining order for the removal of an alleged perpetrator expires not later than the 14th day after the date the order was issued.

If the caseworker and supervisor determine that an order for a longer duration is needed, the caseworker consults with the attorney representing DFPS to consider seeking either a temporary or permanent injunction, which remain in effect longer than a temporary restraining order.

5113 Order to Obtain a Parent’s Mental Health Records or an Examination of a Parent

CPS December 2013

During an investigation, a caseworker may need to determine whether a parent or other person responsible for the care of a child has a history of medical or mental illness.

If the parent or other responsible person does not consent to give CPS access to the necessary records or does not consent to a medical, psychological, or psychiatric examination, CPS may request an order permitting access to the records or an examination.

Texas Family Code, §261.305

5113.1 Approval to Seek a Court Order to Obtain a Parent’s Records or to Require an Examination

CPS December 2013

If the caseworker determines that an order to obtain a parent’s mental health records or to require a parent to get a medical, psychological, or psychiatric examination is necessary to conduct an investigation, but the parent does not consent to providing the records or undergoing the examination, the caseworker seeks supervisory approval of the determination.

If the supervisor agrees, the caseworker confers with the attorney representing DFPS to determine whether to move forward.

5113.2 Required Proof in Support of a Court Order to Obtain a Parent’s Records or Require an Examination

CPS December 2013

To prove the necessity of obtaining a court order to obtain a parent’s mental health records or require a parent to get a medical, psychological, or psychiatric examination:

  •  the attorney representing DFPS drafts a motion requesting the order; and

  •  the caseworker completes an affidavit that includes the facts and evidence sufficient to satisfy the court that there is good cause to grant the order.

Good cause is not defined in statute, so the caseworker must submit an affidavit that demonstrates, in detail:

  •  why the order is being requested (that is, how and when the caseworker was refused records or an examination);

  •  why the requested records or examination would facilitate the conduct of the investigation that is required by law; and

  •  any other information relevant to the particular case.

5113.3 Notice and Service Requirements for a Court Order to Obtain a Parent’s Records or Examination

CPS December 2013

If CPS seeks an examination or the records of a parent or other responsible person, CPS must give notice of the hearing, so that the parent or other responsible person may participate in the hearing and have a chance to rebut CPS’s evidence.

5114 Orders for Protection of a Child or Family Member

CPS December 2013

Texas law allows a court to issue a protective order to protect household members from family violence, if certain conditions are met.

The definition of family violence includes:

  •  an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault; or

  •  the physical abuse and sexual abuse of a child by a member of the household, as those terms are defined in TFC §261.001(1)(C),(E) and (G).

Texas Family Code Ch. 82; §71.004(1) and (2)

See also 2112 Primary Statutory Definitions.

A protective order can require the perpetrator of family violence to leave the home or to take or refrain from taking certain action.

For example, the court may prohibit the perpetrator from going to the child’s home, child-care facility, or school, or from communicating with the other parent or child. The court may also order the perpetrator to complete a batterer’s treatment program or counseling.

Texas Family Code §§85.021, 85.022

5114.1 Seeking a Protective Order
5114.11 Who May Apply for a Protective Order

CPS December 2013

The following persons may apply for a protective order:

  •  Any adult seeking, to protect himself or herself, a child, or another adult member of the family or household

  •  Any prosecuting attorney who represents the state

  •  A caseworker, on behalf of DFPS, to protect any person alleged to be the victim of family violence; and

  •  Any child or adult who is a member of a dating relationship and alleged to be a victim of dating violence

Texas Family Code §82.002(c)

5114.12 Seeking a Protective Order

CPS December 2013

The decision to seek a protective order must ultimately be made by the victim.

Although a protective order can be a useful tool for the protection of a child or other member of a household, the initiation of legal action against a perpetrator of family violence (sometimes referred to as a batterer) may and frequently does cause an escalation of family violence; the caseworker, therefore, generally only advises and assists the victim (also referred to as the survivor) in seeking a protective order other than in rare cases where DFPS files for the protective order on the victim’s behalf.

To determine of whether to seek a protective order, the caseworker and the victim consult with local family violence advocates and resources, whenever possible, to explore whether there are alternative means to ensure a child’s safety without the victim or DFPS filing for a protective order.

Although the caseworker may ultimately determine that removing the child is warranted, in general, the unwillingness of a victim to file for a protective order, in and of itself, is not automatically cause for removal, particularly when there may be alternatives to the protective order that will help ensure the child’s safety, such as moving the victim and child to a shelter or assisting the victim in developing economic self-sufficiency to support a separation from the perpetrator of family violence.

Filing for a Protective Order

A parent who feels safe doing so, may file for a protective order himself or herself.

In some cases, the parent may feel more comfortable with DFPS or the prosecuting attorney filing the application. Additionally, in some counties, the prosecutor may determine that representing a petitioner with an open CPS case creates a conflict of interest, and the victim may have no other means of obtaining a protective order other than DFPS filing on the victim’s behalf.

The Caseworker’s Role

In general, the caseworker’s role when a victim seeks, or asks DFPS to seek, a protective order is to support the victim in doing so.

After following the policy explained in 5114.13 Approval to Seek a Protective Order, the caseworker can do as follows:

  •  Be a witness and provide evidence and other information needed by the prosecutor, such as providing:

  •  information about how the violence affects the safety of the child or children,

  •  facts regarding incidents of family violence in the home or family, and

  •  other information regarding the case that is pertinent to the protective order

  •  Complete and submit an affidavit detailing the facts that the caseworker is aware of that are related to family violence

  •  Accompany the victim to the courthouse

  •  Help the victim complete the necessary forms and paperwork

  •  Seek community resources and other resources to support the victim in the process of seeking a protective order and any related transition in the victim’s relationship with the perpetrator

5114.13 Approval to Seek a Protective Order

CPS December 2013

Before assisting a parent or other adult victim who wishes to apply for a protective order or before filing an application for a protective order on behalf of a parent or child who is the victim of family violence, the caseworker must consult with:

  •  that parent;

  •  the caseworker’s supervisor; and

  •  the attorney representing DFPS in the case .

The victim (when possible) and the caseworker (when possible) also consult with local advocates for victims of family violence about the effect that seeking an order would have on the safety of the family or household. All parties must be involved in the decision to apply for a protective order, with the ultimate decision being made by the victim.

DFPS Rules, 40 TAC §700.1111

5114.14 Notice About a Protective Order

CPS December 2013

If DFPS is seeking a protective order on a victim’s behalf and the caseworker determines that it will not endanger the safety of the victim or another family or household member, the caseworker:

  •  sends the parent who would be protected written notice about the intent to apply for a protective order; and

  •  requests that parent’s assistance in developing a safety plan for the child and other household members for whom the order is sought.

If there is any concern that the notice will endanger the safety of the victim or any other family or household member, the caseworker does not send the notice in writing. The caseworker instead discusses the plan with the parent who wishes to seek the order.

Texas Human Resources Code §54.002

DFPS Rules, 40 TAC §700.1111(c)

For the steps involved in developing a safety plan for the child and family, see 2270 Ensuring Child Safety.

5114.2 Required Findings and the Protective Order

CPS December 2013

If the court finds that family violence has occurred and that family violence is likely to occur in the future, the court:

  •  renders a protective order that applies only to the person found to have committed family violence; and

  •  may render a protective order that contains conditions that apply to both parties and that are in the best interest of the person protected by the order or another member of the protected person’s family or household.

Texas Family Code §85.001(b)

5114.3 Duration of Protective Orders
5114.31 Duration of a Temporary Protective Order

CPS December 2013

A protective order may be issued on a temporary basis, without first notifying the alleged perpetrator of the family violence or without holding a hearing.

A temporary order lasts for a maximum of 20 days, with a possibility of one 20-day extension.

Texas Family Code §§83.00183.002

5114.32 Duration of a Final Protective Order

CPS December 2013

A final protective order is issued only after a court hearing is held, for which the alleged perpetrator of family violence has been provided notice and an opportunity to appear.

Generally, a protective order may be entered for the period specified in the order, not to exceed two years. If the order does not specify an effective period, the order expires two years after being issued.

A protective order can exceed two years, if the court finds that the perpetrator has committed family violence and:

  •  the perpetrator of family violence caused serious bodily injury to the applicant or a member of the applicant’s household; or

  •  the perpetrator of family violence was the subject of two previous protective orders involving the same victims and that the perpetrator is likely to commit family violence again in the future.

The perpetrator may seek an annual review challenging the continuing need for a protective order.

Texas Family Code §85.025

5114.4 Protective Order Under the Code of Criminal Procedure

CPS December 2013

A protective order issued under the Code of Criminal Procedure against a perpetrator of sexual violence is similar to, but has certain  advantages over, a protective order issued under the Texas Family Code for family violence. Under the Code of Criminal Procedure, a court may issue a protective order against a perpetrator of sexual violence for the life of the perpetrator and victim, without a showing of serious bodily injury or any previous protective orders having been issued.

The protective order can be sought on behalf of a victim of a sexual offense, regardless of whether the perpetrator of the offense is a member of the victim’s family or household. The sexual offenses covered include sexual assault and human sex trafficking.

Code of Criminal Procedure, Chapter 7A

Who May Request

Unlike a protective order for family violence, DFPS may not file the application for this type of protective order on behalf of the victim of a sexual offense.

A protective order under Chapter 7A of the Code of Criminal Procedure may be requested only by:

  •  a person who is the victim of the kinds of offenses specified in the law;

  •  a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of one of those offenses; or

  •  a prosecuting attorney acting on behalf of one of those victims.

See Code of Criminal Procedure Art. 7A.01 or consult with a regional attorney for more details regarding the types of offenses covered, or how and where a victim of one of the offenses may apply for this type of protective order. As with a protective order issued pursuant to the Family Code, the caseworker provides the types of support and assistance described under 5114.12 Seeking a Protective Order.

5115 Temporary Restraining Orders (TRO)

5115.1 Purpose and Use of Temporary Restraining Orders

CPS December 2013

When there is reason to believe that a child’s parents may remove the child from the state before DFPS can complete an investigation of abuse or neglect of the child, DFPS has the authority to request a temporary restraining order to prohibit the parents from removing the child before the investigation is completed.

The court may render the order, if the court finds that DFPS:

  •  has probable cause to conduct the investigation; and

  •  has reason to believe that the person may remove the child from the state.

Texas Family Code §261.306(a), (b)

Although the Texas Family Code only specifically addresses preventing a child from being moved out of state, a temporary restraining order may also be used to prevent a family from hiding a child during the course of an investigation.

A temporary restraining order may be requested at an ex parte hearing (that is, a hearing attended by only one party; in this case CPS), without notice to the family.

5115.25115.2 Approval to Seek a Temporary Restraining Order

CPS December 2013

If the caseworker determines that a temporary restraining order is appropriate for preventing a child from being moved, the caseworker must first seek supervisory approval of the determination.

If the supervisor agrees, the caseworker consults with the attorney representing DFPS to determine whether to move forward.

5115.3 Service Requirements for a Temporary Restraining Order

CPS December 2013

For a temporary restraining order to take effect and prevent a child from being moved, the order must be served on the parent by a sheriff or constable.

To ensure that an order is properly served, the caseworker consults with the attorney representing DFPS.

5115.4 Duration of a Temporary Restraining Order

CPS December 2013

A temporary restraining order issued to prevent a child from being moved expires no later than the 14th day after the date that the order was rendered.

If the caseworker and supervisor determine that an order for a longer duration is needed, the caseworker consults with the attorney representing DFPS to consider seeking one 14-day extension; however, because the orders are meant to be temporary rather than long term, the caseworker makes every effort to complete the investigation while the first order is in effect.

Texas Rules of Civil Procedure, Rule 680

5120 Court-Ordered Services

CPS December 2013

Court-ordered services can be an effective solution, when:

  •  a family refuses services;

  •  a family is not cooperating with services; or

  •  the weight of the court’s authority is desired to bolster a family’s chance for success because the family may be more likely to respond.

The caseworker must be able to present the facts that meet this standard.

A parent’s failure to comply with court-ordered services is relevant evidence at trial.

Texas Family Code, §264.203

5121 Approval to Seek a Court Order for Services

CPS December 2013

If the caseworker determines that an order for services is appropriate, the caseworker must first seek supervisory approval of the determination.

If the supervisor agrees, the caseworker consults with the attorney representing DFPS to determine whether to move forward.

5122 The Proof Required to Support a Court Order for Services

CPS December 2013

The attorney drafts the request for the order.

The caseworker drafts an affidavit with facts and evidence sufficient to satisfy the court to order the parent to:

  •  participate in services to alleviate the effects of abuse or neglect or to reduce the reasonable likelihood of abuse or neglect in the immediate or foreseeable future; or

  •  permit the child and any siblings of the child to receive services.

The affidavit must demonstrate why participation in services by the parent or the child is needed in the case.

Unless the local court requires otherwise, the caseworker uses the Sample Affidavit in Support of Order to Participate in Services provided under the Affidavit heading in The Texas Practice Guide for Child Protective Services Attorneys.

If the court denies a request to order participation in services, the court must specify its reasons in writing.

5123 Notice and Service Requirements for Order for Services

CPS December 2013

When CPS is seeking to require a parent to participate in services or allow the parent’s child to participate in services, the parent:

  •  must be served with a citation about the court-ordered service; and

  •  must receive notice of the hearing.

The parent is permitted to participate in the hearing.

5130 Taking Possession of a Child With Intent to Return

CPS December 2013

DFPS may take possession of a child, if:

  •  there is an immediate threat to the child’s physical health or safety; and

  •  the sole purpose of taking possession is to return the child without unnecessary delay to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is lawfully entitled to possession of the child.

This authority must not be used when DFPS intends to conduct a removal. It is used only when DFPS intends to return the child to his or her lawful caretaker.

DFPS may retain possession of the child in this circumstance for no more than five days.

If, at the end of the fifth day, no person entitled to possession of the child has assumed possession, the caseworker must file for a removal in court as though DFPS had conducted an emergency removal before obtaining a court order. See 5412 Conducting and Emergency Removal Before Obtaining a Court Order.

Texas Family Code, §262.110

5140 Taking Possession of a Missing Child

CPS December 2013

If a law enforcement officer discovers a missing child during the conduct of a criminal investigation, and a person entitled to possession of the child is not immediately available, the officer may deliver the child to DFPS.

DFPS may retain possession of the child for up to five days.

If the person presently entitled to possession of the child does not take possession of the child within five days, DFPS must file a lawsuit as if it had conducted an emergency removal before obtaining a court order.

See 5412 Conducting and Emergency Removal Before Obtaining a Court Order.

Texas Family Code, §262.007

5150 Hague Abduction Convention and Foreign Custody Court Orders

CPS December 2013

The Hague Convention on the Civil Aspects of International Child Abduction (The Hague Abduction Convention) is an international treaty designed to protect children who are abducted across international borders. In a lawsuit filed under the Hague Abduction Convention or to enforce a foreign child custody order, a person can request a warrant to take physical custody of the child.

Texas Family Code §152.311(c-1)

In this circumstance, the court can only place a child with a parent or family member who has significant ties to the court’s jurisdiction; for example, a relative who has lived in Texas for many years, or who has lived in Texas for fewer years but who is employed in Texas and is making mortgage payments.

If no one meeting this criteria is available as a safe interim placement, the court must provide for delivery of the child to DFPS, in the same way that DFPS takes possession of a child under Texas Family Code §262.007 (that is, delivery to DFPS by law enforcement).

See 6740 Temporary CPS Custody Resulting from a Foreign Custody Order or a Hague Abduction Suit.

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