The caseworker must make reasonable efforts to prevent or eliminate the need to remove the child from the home, including offering a Family Team Meeting. The caseworker must not implement a safety plan, including a family-initiated parental child safety placement, or request an order to remove the alleged perpetrator from the child’s home, if the caseworker determines that a removal is necessary and more appropriate based on case-specific factors, including but not limited to the following:

• Danger to the child if the child remains with or returns to the parent.
• Child’s and family’s history.
• Risk to the child.

See 3220 Taking Legal Custody of a Child.

The caseworker removes the child from the home if the situation meets all the following:

• There is immediate danger to the child.
• The caseworker has made reasonable efforts, consistent with the circumstances of the case, to secure the child’s safety.
• There is no other reasonable way to ensure safety except for removal.  

In compliance with the Fourth Amendment of the United States Constitution, DFPS must obtain a court order before removing a child, except in cases involving exigent circumstances. See 5412.11 Exigent Circumstances and Imminent Danger.

Texas Family Code 262 Subchapter B allows DFPS to obtain a court order authorizing a child to be removed from his or her parents or caregiver in the following situations:

• During an emergency removal, with a court order issued before the removal.
• During an emergency removal, with a court order issued after the removal.

Texas Family Code §262.101External Link

Texas Family Code §262.104External Link

The caseworker determines which circumstance applies.

See:

5411 Obtaining a Court Order before Conducting an Emergency Removal

5412 Conducting an Emergency Removal before Obtaining a Court Order

If the child is residing with a relative, the caseworker completes a preliminary home assessment on the relative at time of removal.  

See 6622 Presenting a Preliminary Written Assessment.