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Terms Used In Texas Family Code 262.101

(a) An original suit filed by a governmental entity that requests permission to take possession of a child without prior notice and a hearing must be supported by an affidavit sworn to by a person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:
(1) there is an immediate danger to the physical health or safety of the child or the child has been a victim of neglect or sexual abuse;
(2) continuation in the home would be contrary to the child’s welfare;
(3) there is no time, consistent with the physical health or safety of the child, for a full adversary hearing under Subchapter C;
(4) the child would not be adequately protected in the child’s home with an order for the removal of the alleged perpetrator under § 262.1015 or 262.1016 or a protective order issued under Title 4;
(5) 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
(6) reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child.