Tex. Fam. Code § 261.501 : FAMILY CODE — THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP — PROTECTION OF THE CHILD — INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT — PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT — Filing Application for Protective Order in Certain Cases of Abuse or Neglect

The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:

(1) has temporary managing conservatorship of the child;
(2) determines that:
(A) the child:
(i) is a victim of abuse or neglect; or
(ii) has a history of being abused or neglected; and
(B) there is a threat of:
(i) immediate or continued abuse or neglect to the child;
(ii) someone illegally taking the child from the home in which the child is placed;
(iii) behavior that poses a threat to the caregiver with whom the child is placed; or
(iv) someone committing an act of violence against the child or the child's caregiver; and
(3) is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.

Tex. Fam. Code § 261.501

Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 317,Sec. 14, eff. if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
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