Tex. Fam. Code § 262.104 · Subchapter B. TAKING POSSESSION OF CHILD
TAKING POSSESSION OF A CHILD IN EMERGENCY WITHOUT A COURT ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If there is no time to obtain a temporary order, temporary restraining order, or attachment under Section 262.102(a) before taking possession of a child consistent with the health and safety of that child, an authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take possession of a child without a court order under the following conditions, only:
(1) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;
(2) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;
(3) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code;
(4) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code; or
(5) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that 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.
(b) An authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take possession of a child under Subsection (a) on personal knowledge or information furnished by another, that has been corroborated by personal knowledge, that would lead a person of ordinary prudence and caution to believe that the parent or person who has possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamine.
(c) An authorized representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may not take possession of a child under Subsection (a) based solely on the opinion of a medical professional under contract with the Department of Family and Protective Services who did not conduct a physical examination of the child.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 20, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 2, eff. August 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.157, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 338 (H.B. 418), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 6, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm
- Text hash
- sha256 1c3cfae9f89332add84725142e69aca9c30c838f08ba1ea66ef74be9b5fea66e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Cited by 5 provisions
Provisions in this library whose text cites Tex. Fam. Code § 262.104. Each shows the citation as that text prints it.
Code of Criminal Procedure
Family Code
- Tex. Fam. Code § 262.007POSSESSION AND DELIVERY OF MISSING CHILD.Printed as Section 262.104
- Tex. Fam. Code § 262.105FILING PETITION AFTER TAKING POSSESSION OF CHILD IN EMERGENCY.Printed as Section 262.104
- Tex. Fam. Code § 262.110TAKING POSSESSION OF CHILD IN EMERGENCY WITH INTENT TO RETURN HOME.Printed as Section 262.104
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.