Tex. Fam. Code § 261.501-261.505

TEXAS FAMILY CODE Chapter 261, Subchapter F — PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGL CHAPTER 261 • INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Subchapter F: PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT Sec. 261.501. 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. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the application under this subchapter, the department must certify that: (1) the department has diligently searched for and: (A) was unable to locate the child's parent, legal guardian, or custodian, other than the respondent to the application; or (B) located and provided notice of the proposed application to the child's parent, legal guardian, or custodian, other than the respondent to the application; and (2) if applicable, the relative or caregiver ovided notice of the proposed application to the child's parent, legal guardian, or custodian, other than the respondent to the application; and (2) if applicable, the relative or caregiver who is jointly filing the petition, or with whom the child would reside following an entry of the protective order, has not abused or neglected the child and does not have a history of abuse or neglect. (b) An application for a temporary ex parte order under Section 261.503 may be filed without making the findings required by Subsection (a) if the department certifies that the department believes there is an immediate danger of abuse or neglect to the child. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds from the information contained in an application for a protective order that there is an immediate danger of abuse or neglect to the child, the court, without further notice to the respondent and without a hearing, may enter a temporary ex parte order for the protection of the child. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 261, Subchapter F — PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGL (1) the child: (A) is a victim of abuse or neglect; or (B) has a history of being abused or neglected; and (2) there is a threat of: (A) immediate or continued abuse or neglect to the child; (B) someone illegally taking the child from the home in which the child is placed; (C) behavior that poses a threat to t re is a threat of: (A) immediate or continued abuse or neglect to the child; (B) someone illegally taking the child from the home in which the child is placed; (C) behavior that poses a threat to the caregiver with whom the child is placed; or (D) someone committing an act of violence against the child or the child's caregiver. (a-1) In making a determination whether the child is or has been a victim of abuse or neglect, the court shall consider the opinion of a medical professional obtained by an individual against whom a protective order is sought. (b) If the court makes an affirmative finding under Subsection (a), the court shall issue a protective order that includes a statement of that finding. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 4, eff. September 1, 2021. Sec. 261.505. APPLICATION OF OTHER LAW. To the extent applicable, except as otherwise provided by this subchapter, Title 4 applies to a protective order issued under this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2