Tex. Fam. Code § 262.201

TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING CHAPTER 262 • PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD Subchapter C: ADVERSARY HEARING Sec. 262.201. FULL ADVERSARY HEARING; FINDINGS OF THE COURT. (a) In a suit filed under Section 262.101 or 262.105, unless the child has already been returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession and the temporary order, if any, has been dissolved, a full adversary hearing shall be held not later than the 14th day after the date the child was taken into possession by the governmental entity, unless the court grants an extension under Subsection (e) or (e-1). (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021. (c) Before commencement of the full adversary hearing, the court must inform each parent not represented by an attorney of: (1) the right to be represented by an attorney; and (2) if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney. (d) If a parent claims indigence and requests the appointment of an attorney before the full adversary hearing, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the appointment of an attorney for the parent is requested, the court shall make a determination of indigence before commencement of the f the number and ages of the parent's dependents. If the appointment of an attorney for the parent is requested, the court shall make a determination of indigence before commencement of the full adversary hearing. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent. (e) The court may, for good cause shown, postpone the full adversary hearing for not more than seven days from the date of the attorney's appointment to provide the attorney time to respond to the petition and prepare for the hearing. The court may shorten or lengthen the extension granted under this subsection if the parent and the appointed attorney agree in writing. If the court postpones the full adversary hearing, the court shall extend a temporary order, temporary restraining order, or attachment issued by the court under Section 262.102(a) for the protection of the child until the date of the rescheduled full adversary hearing. (e-1) If a parent who is not indigent appears in opposition to the suit, the court may, for good cause shown, postpone the full adversary hearing for not more than seven days from the date of the parent's appearance to allow the parent to hire an attorney or to provide the parent's attorney time to respond to the petition and prepare for the hearing. A postponement under this subsection is subject to the limits and requirements prescribed by Subsection (e) and Section 155.207. (f) The court shall ask all parties present at the full adversary hearing whether the child or the child's family has a Native American heritage and identify any Native American tribe with which the child may be associated. (g) In a suit filed under Section 262.101 or 262.105, at the conclusion of the full adversary hearing, the court shall order the return of the child to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian 105, at the conclusion of the full adversary hearing, the court shall order the return of the child to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession from whom the child is removed unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that: (1) there was a danger to the physical health or safety of the child, including a danger that the child would be a victim of trafficking under Section 20A.02 or 20A.03, Penal Code, which was caused by an act or failure to act of the person entitled to possession and for the child to remain in the home is contrary to the welfare of the child; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING (2) the urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child's removal; and (3) reasonable efforts have been made to enable the child to return home, but there is a substantial risk of a continuing danger if the child is returned home. (g-1) In a suit filed under Section 262.101 or 262.105, if the court does not order the return of the child under Subsection (g) and finds that another parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession did not cause the immediate danger to the physical health or safety of the child or was not the perpetrator of the neglect or abuse alleged in the suit, the court shall order possession of the child by that person unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that, specific to each person entitled to possession: (1) the person cannot be located after the exercise of due diligence by th fficient evidence to satisfy a person of ordinary prudence and caution that, specific to each person entitled to possession: (1) the person cannot be located after the exercise of due diligence by the Department of Family and Protective Services, or the person is unable or unwilling to take possession of the child; or (2) reasonable efforts have been made to enable the person's possession of the child, but possession by that person presents a continuing danger to the physical health or safety of the child caused by an act or failure to act of the person, including a danger that the child would be a victim of trafficking under Section 20A.02 or 20A.03, Penal Code. (g-2) If, at the conclusion of a full adversary hearing, the court renders an order under Subsection (g) or (g-1), the court must describe in writing and in a separate section: (1) the reasonable efforts that were made to enable the child to return home and the substantial risk of a continuing danger if the child is returned home, as required by Subsection (g)(3); or (2) the reasonable efforts that were made to enable a person's possession of the child and the continuing danger to the physical health or safety of the child as required by Subsection (g-1)(2). (h) In a suit filed under Section 262.101 or 262.105, if the court finds sufficient evidence to make the applicable finding under Subsection (g) or (g-1), the court shall issue an appropriate temporary order under Chapter 105. (i) In determining whether there is a continuing danger to the physical health or safety of the child under Subsection (g), the court may consider whether the household to which the child would be returned includes a person who: (1) has abused or neglected another child in a manner that caused serious injury to or the death of the other child; or (2) has sexually abused another child. (i-1) In making a determination whether there is an immediate danger to the physical health or safety of a child, the court shall death of the other child; or (2) has sexually abused another child. (i-1) In making a determination whether there is an immediate danger to the physical health or safety of a child, the court shall consider the opinion of a medical professional obtained by the child's parent, managing conservator, possessory conservator, guardian, caretaker, or custodian. (j) Repealed by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021. (k) If the court finds that the child requires protection from family violence, as that term is defined by Section 71.004, by a member of the child's family or household, the court shall render a protective order for the child under Title 4. (l) The court shall require each parent, alleged father, or relative of the child before the court to complete the proposed child placement resources form provided under Section 261.307 and file the form with the court, if the form has not been previously filed with the court, and provide the Department of Family and Protective Services with information necessary to locate any other absent parent, alleged father, or relative of the child. The court shall inform each parent, alleged father, or relative of the child before the court that the person's failure to submit the proposed child placement resources form will not delay any court proceedings relating to the child. (l-1) The court shall ask all parties present at the full adversary hearing whether: (1) the child has had the opportunity, in a developmentally appropriate manner, to identify any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child; and (2) each individual identified by the child as a potential relative or designated caregiver is listed on the proposed child placement resources form. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVE isted on the proposed child placement resources form. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING (m) The court shall inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment. (n) If the court does not order possession of a child by a parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession under Subsection (g) or (g-1), the court shall place the child with a relative of the child unless the court finds that the placement with a relative is not in the best interest of the child. (n-1) For a child placed with a relative of the child, the court shall inform the relative of: (1) the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and (2) the permanency care assistance program under Subchapter K, Chapter 264. (o) When citation by publication is needed for a parent or alleged or probable father in an action brought under this chapter because the location of the parent, alleged father, or probable father is unknown, the court may render a temporary order without delay at any time after the filing of the action without regard to whether notice of the citation by publication has been published. (p) For the purpose of determining under Subsection (a) the 14th day after the date the child is taken into possession, a child is considered to have been taken into possession by the Department of Family and Protective Services on the expiration of the five-day period permitted under Section 262.007(c) or 262.110(b), as appropriate. (q) On receipt of a written request for possession of the child from a parent, managing conservator, possessory conservator, guardian, caretaker der Section 262.007(c) or 262.110(b), as appropriate. (q) On receipt of a written request for possession of the child from a parent, managing conservator, possessory conservator, guardian, caretaker, or custodian entitled to possession of the child who was not located before the adversary hearing, the Department of Family and Protective Services shall notify the court and request a hearing to determine whether the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian is entitled to possession of the child under Subsection (g-1). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 107, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 21, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 600, Sec. 5, eff. Jan, 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 1, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch; 752, Sec. 3, eff. June 17, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 77, eff; Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 78, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.31, eff; Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1150, Sec. 20, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch; 1390, Sec. 39, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 306, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 849, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.34(a), eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 856 (S.B. 2385), Sec. 2, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 9, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.163, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 128 (S.B. 1931), Sec. 3, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 4, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 697 (H.B. 825), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 4, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 697 (H.B. 825), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 20, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 13, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.004, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 7, eff. June 14, 2019. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 7, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 13(3), eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 7, eff. September 1, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING Acts 2023, 88th Leg., R.S., Ch. 675 (H.B. 1087), Sec. 6, eff. September 1, 2023. Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. Before commencement of the full adversary hearing, the court shall, in writing and in open court, confirm with an alleged perpetrator that: (1) before interviewing the alleged perpetrator, the Department of Family and Protective Services informed the person of the person's right to: (A) create an audio or video recording of the interview under Section 261.3027; and (B) request an administrative review of the Department of Family and Protective Services' findings under Section 261.3091; and (2) when the Department of Family and Protective Services first contacted the alleged perpetrator after initiating an investigation of a parent or other person having legal custody of a child, the department provided the person with the information required by Section 261.307. Added by Acts 2025, 89th Leg., R.S., Ch. 1000 (S.B. 1141), Sec. 1, eff. September 1, 2025. Sec. 262. a child, the department provided the person with the information required by Section 261.307. Added by Acts 2025, 89th Leg., R.S., Ch. 1000 (S.B. 1141), Sec. 1, eff. September 1, 2025. Sec. 262.2015. AGGRAVATED CIRCUMSTANCES. (a) The court may waive the requirement of a service plan and the requirement to make reasonable efforts to return the child to a parent and may accelerate the trial schedule to result in a final order for a child under the care of the Department of Family and Protective Services at an earlier date than provided by Subchapter D, Chapter 263, if the court finds that the parent has subjected the child to aggravated circumstances. (b) The court may find under Subsection (a) that a parent has subjected the child to aggravated circumstances if: (1) the parent abandoned the child without identification or a means for identifying the child; (2) 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; (3) 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: (A) Section 19.02 (murder); (B) Section 19.03 (capital murder); (C) Section 19.04 (manslaughter); (D) Section 21.11 (indecency with a child); (E) Section 22.011 (sexual assault); (F) Section 22.02 (aggravated assault); (G) Section 22.021 (aggravated sexual assault); (H) Section 22.04 (injury to a child, elderly individual, or disabled individual); (I) Section 22.041 (abandoning or endangering a child, elderly individual, or disabled individual); (J) Section 25.02 (prohibited sexual conduct); (K) Section 43.25 (sexual performance by a child); (L) Section 43.26 (possession or promotion of child pornography); (M) Section 21.02 (continuous sexual abuse of young child or disabled individual); (N) Section 43.05(a)(2) (compelling prostitution); or (O) Sectio 6 (possession or promotion of child pornography); (M) Section 21.02 (continuous sexual abuse of young child or disabled individual); (N) Section 43.05(a)(2) (compelling prostitution); or (O) Section 20A.02(a)(7) or (8) (trafficking of persons); (4) the parent voluntarily left the child alone or in the possession of another person 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; (5) the parent has been convicted for: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING (A) the murder of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1111(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States; (B) the voluntary manslaughter of another child of the parent and the offense would have been an offense under 18 U.S.C. Section 1112(a) if the offense had occurred in the special maritime or territorial jurisdiction of the United States; (C) aiding or abetting, attempting, conspiring, or soliciting an offense under Paragraph (A) or (B); or (D) 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; or (6) the parent is required under any state or federal law to register with a sex offender registry. (c) On finding that reasonable efforts to make it possible for the child to safely return to the child's home are not required, the court shall at any time before the 30th day after the date of the finding, conduct an initial permanency hearing under Subchapter D, Chapter 263. Separate notice of the permanency plan is not required but may be given with a notice of a hearing under this section. (d) The Department of Family and Protective Services shall make reasonable efforts to f notice of the permanency plan is not required but may be given with a notice of a hearing under this section. (d) The Department of Family and Protective Services shall make reasonable efforts to finalize the permanent placement of a child for whom the court has made the finding described by Subsection (c). The court shall set the suit for trial on the merits as required by Subchapter D, Chapter 263, in order to facilitate final placement of the child. Added by Acts 1997, 75th Leg., ch. 1022, Sec. 79, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 40, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 849, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.35, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.33, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.04, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.164, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 26, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.19, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 831 (H.B. 2924), Sec. 2, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 6, eff. September 1, 2023. Sec. 262.202. IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE JURISDICTION. If at the conclusion of the full adversary hearing the court renders a temporary order, the governmental entity shall request identification of a court of continuing, exclusive jurisdiction as provided by Chapter 155. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. See note following this section. Sec. 262.203. TRANSFER OF SUIT. (a) On the motion of a party or the court's own motion, if applicable, the court that rendered the temporary order shall in accordance with procedures provided by Chapter 1 62.203. TRANSFER OF SUIT. (a) On the motion of a party or the court's own motion, if applicable, the court that rendered the temporary order shall in accordance with procedures provided by Chapter 155: (1) transfer the suit to the court of continuing, exclusive jurisdiction, if any, within the time required by Section 155.207(a), if the court finds that the transfer is: (A) necessary for the convenience of the parties; and (B) in the best interest of the child; (2) order transfer of the suit from the court of continuing, exclusive jurisdiction; or (3) if grounds exist for transfer based on improper venue, order transfer of the suit to the court having venue of the suit under Chapter 103. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 262, Subchapter C — ADVERSARY HEARING (b) Notwithstanding Section 155.204, a motion to transfer relating to a suit filed under this chapter may be filed separately from the petition and is timely if filed while the case is pending. (c) Notwithstanding Sections 6.407 and 103.002, a court exercising jurisdiction under this chapter is not required to transfer the suit to a court in which a parent has filed a suit for dissolution of marriage before a final order for the protection of the child has been rendered under Subchapter E, Chapter 263. (d) An order of transfer must include: (1) the date of any future hearings in the case that have been scheduled by the transferring court; (2) any date scheduled by the transferring court for the dismissal of the suit under Section 263.401; and (3) the name and contact information of each attorney ad litem or guardian ad litem appointed in the suit. (e) The court to which a suit is transferred may retain an attorney ad litem or guardian ad litem appointed by the transferring court. If the court finds that the appointment of a new attorney ad litem or guardian ad litem is appropriate, the court shall appoin rney ad litem or guardian ad litem appointed by the transferring court. If the court finds that the appointment of a new attorney ad litem or guardian ad litem is appropriate, the court shall appoint that attorney ad litem or guardian ad litem before the earlier of: (1) the 10th day after the date of receiving the order of transfer; or (2) the date of the first scheduled hearing after the transfer. Notwithstanding the amendments made to Subsection (a) of this section by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, and Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, identical amendments to Subsection (a) of this section were made by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), and take effect only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 22, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 22, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 41, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 211 (S.B. 1929), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 21, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738), Sec. 3, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999), Sec. 14, eff. September 1, 2017. Sec. 262.204. TEMPORARY ORDER IN EFFECT UNTIL SUPERSEDED. (a) A temporary order rendered under this chapter is valid and enforceable until properly superseded by a court with jurisdiction to do so. (b) A court to which the suit has been transferred may enforce by contempt or otherwise a temporary order properly issued under this chapter. Added by Acts 1995, 74th Leg. h jurisdiction to do so. (b) A court to which the suit has been transferred may enforce by contempt or otherwise a temporary order properly issued under this chapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 262.206. EX PARTE HEARINGS. (a) Unless otherwise authorized by this chapter or other law, a hearing held by a court in a suit under this chapter may not be ex parte. (b) A court that holds an ex parte hearing authorized by this chapter shall prepare and keep a record of the hearing in the form of an audio or video recording or a court reporter transcription. (c) On request of a party to the suit, the court shall provide a copy of the record of an ex parte hearing to the party. (d) The Department of Family and Protective Services shall provide notice of an ex parte hearing authorized by this chapter if the department has received notice that a parent who is a party is represented by an attorney. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 22, eff. September 1, 2017. Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 5, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6