Texas Family Code 262.404 – Filing Suit; Petition Requirements
(a) The department may file a suit requesting the court to render an order requiring the parent, managing conservator, guardian, or other member of the child’s household to:
(1) participate in the family preservation services for which the department makes a referral or services the department provides or purchases to:
(A) alleviate the effects of the abuse or neglect that has occurred;
(B) reduce a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household; or
(C) reduce a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household;
(2) permit the child and any siblings of the child to receive the services; and
(3) complete all actions and services required under the family preservation services plan.
(b) A suit requesting an order under this section may be filed in a court with jurisdiction to hear the suit in the county in which the child is located.
Terms Used In Texas Family Code 262.404
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(c) Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
(d) The petition for suit must be supported by:
(1) a sworn affidavit based on personal knowledge and stating facts sufficient to support a finding that:
(A) the child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and
(B) there is a continuing danger to the child’s physical health or safety caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household unless that person participates in family preservation services requested by the department; and
(2) a safety risk assessment for the child that documents:
(A) the process for the child to remain at home with appropriate family preservation services instead of foster care;
(B) the specific reasons the department should provide family preservation services to the family; and
(C) the manner in which family preservation services will mitigate the risk of the child entering foster care.
(e) In a suit filed under this section, the court may render a temporary restraining order as provided by § 105.001.
(f) The court shall hold a hearing on the petition not later than the 14th day after the date the petition is filed unless the court finds good cause for extending that date for not more than 14 days.