When possible, the caseworker must inform parents and children about planned court actions 10 days before the action, unless an exception applies.

If DFPS has reason to believe that the parents might avoid a court action or impede an investigation, DFPS may, before giving notice of the planned court action:

  •   request a temporary restraining order to prohibit the parents from removing the child from the state before DFPS completes an investigation of child abuse or neglect (see 5150 Temporary Restraining Orders);

  •   take possession of the child pursuant to a court order appointing DFPS as temporary managing conservator; or

  •   take possession of the child before obtaining a court order, if there are exigent circumstances.

DFPS Rules, 40 TAC §700.1102External Link