Texas Family Code 262.109 – Notice to Parent, Conservator, or Guardian
Current as of: 2024 | Check for updates
|
Other versions
(a) The Department of Family and Protective Services or other agency must give written notice as prescribed by this section to each parent of the child or to the child’s conservator or legal guardian when a representative of the department or other agency takes possession of a child under this chapter.
(b) The written notice must be given as soon as practicable, but in any event not later than the first business day after the date the child is taken into possession.
Terms Used In Texas Family Code 262.109
- 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.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The written notice must include:
(1) the reasons why the department or agency is taking possession of the child and the facts that led the department to believe that the child should be taken into custody;
(2) the name of the person at the department or agency that the parent, conservator, or other custodian may contact for information relating to the child or a legal proceeding relating to the child;
(3) a summary of legal rights of a parent, conservator, guardian, or other custodian under this chapter and an explanation of the probable legal procedures relating to the child; and
(4) a statement that the parent, conservator, or other custodian has the right to hire an attorney.
(d) The written notice may be waived by the court at the initial hearing:
(1) on a showing that:
(A) the parents, conservators, or other custodians of the child could not be located; or
(B) the department took possession of the child under Subchapter D; or
(2) for other good cause.