DFPS may take possession of a child if:

 •   there is an immediate threat to the child’s physical health or safety; and

 •   the sole purpose of taking possession is to return the child without unnecessary delay to the parent, managing conservator, possessory conservator, guardian, caregiver, or custodian who is lawfully entitled to possession of the child.

DFPS must not use this authority to conduct a removal. DFPS may only use this authority when DFPS intends to return the child to his or her lawful caregiver.

In this circumstance, DFPS may retain possession of the child for no more than five days.

If, at the end of the fifth day, no person entitled to possession of the child has assumed possession, the caseworker must file for a removal in court as though DFPS had conducted an emergency removal before obtaining a court order. See 5412 Conducting and Emergency Removal Before Obtaining a Court Order.

Texas Family Code, §262.110