STANDARD FOR DECISION AT INITIAL HEARING AFTER TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.
Tex. FAM Code § 262.107.
in effect(a) The court shall order the return of the child at the initial hearing regarding a child taken in possession without a court order by a governmental entity unless the court is satisfied that:
(1) the evidence shows that one of the following circumstances exists:
(A) there is a continuing danger to the physical health or safety of the child if the child is returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child;
(B) the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03 , Penal Code, on one or more occasions and that there is a substantial risk that the child will be the victim of sexual abuse or of trafficking in the future;
(C) the parent or person who has possession of the child is currently using a controlled substance as defined by Chapter 481 , Health and Safety Code, and the use constitutes an immediate danger to the physical health or safety of the child; or
(D) the parent or person who has possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamine;
(2) continuation of the child in the home would be contrary to the child's welfare;
(3) the child would not be adequately protected in the child's home with an order for the removal of the alleged perpetrator under Section 262.1015 or 262.1016 or a protective order issued under Title 4;
(4) placing the child with a relative or designated caregiver or with a caregiver under a parental child safety placement agreement authorized by Subchapter L , Chapter 264 :
(A) was offered but refused;
(B) was not possible because there was no time, consistent with the physical health or safety of the child and the nature of the emergency, to conduct the caregiver evaluation; or
(C) would pose an immediate danger to the physical health or safety of the child; and
(5) reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for removal of the child.
(b) In determining whether there is a continuing danger to the physical health or safety of a child, the court may consider whether the household to which the child would be returned includes a person who has:
(1) abused or neglected another child in a manner that caused serious injury to or the death of the other child; or
(2) sexually abused another child.
(c) If the court does not order the return of the child at an initial hearing under Subsection (a), the court must describe in writing and in a separate section the reasonable efforts, consistent with the circumstances and providing for the safety of the child, that were made to prevent or eliminate the need for the removal of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 105, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 849, Sec. 3, eff. Sept. 1, 2001.