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Appendix 5440: Aggravated Circumstances

CPS April 2016

A court may make a finding of aggravated circumstances with respect to a parent, if:

  •  the parent abandoned the child without providing the child with identification or a means for identifying the child;

  •  the child or another child of the parent is a victim of serious bodily injury or sexual abuse inflicted by the parent or by another person with the parent’s consent;

  •  the parent has engaged in conduct against the child or another child of the parent that would constitute an offense under the following provisions of the Penal Code:

  •  §19.02 (murder)

  •  §19.03 (capital murder)

  •  §19.04 (manslaughter)

  •  §21.11 (indecency with a child)

  •  §22.011 (sexual assault)

  •  §22.02 (aggravated assault)

  •  §22.021 (aggravated sexual assault)

  •  §22.04 (injury to a child, elderly individual, or disabled individual)

  •  §22.041 (abandoning or endangering child)

  •  §25.02 (prohibited sexual conduct)

  •  §43.25 (sexual performance by a child)

  •  §43.26 (possession or promotion of child pornography)

  •  §21.02 (continuous sexual abuse of young child or children)

  •  §43.05(a)(2) (compelling prostitution)

  •  §20A.02(a)(7) or (8) (trafficking of persons)

  •  the parent voluntarily left the child alone (or with another person who is not the parent of the child) for at least six months without expressing an intent to return and without providing adequate support for the child;

  •  the parent’s parental rights with regard to another child have been involuntarily terminated based on a finding that the parent’s conduct violated Family Code §161.001(b)(1)(D) or (E) or a substantially equivalent provision of another state’s law;

  •  the parent has been convicted of:

  •  the murder of another child of the parent and the offense would have been an offense under 18 U.S.C., §1111(a) if it had occurred in the special maritime or territorial jurisdiction of the United States;

  •  the voluntary manslaughter of another child of the parent and the offense would have been an offense under 18 U.S.C., §1112(a) if it had occurred in the special maritime or territorial jurisdiction of the United States;

  •  aiding or abetting, attempting, conspiring, or soliciting either of the two offenses immediately listed above; or

  •  the felony assault of the child or another child of the parent that resulted in serious bodily injury to the child or another child of the parent;

  •  the parent’s parental rights with regard to another child of the parent have been involuntarily terminated; or

  •  the parent is required under any state or federal law to register with a sex offender registry.

Texas Family Code §262.2015 (b)

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