TX :: Child Protective Services Handbook :: 5400 From Removal to the Adversary Hearing :: 5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order

TX :: Child Protective Services Handbook :: 5400 From Removal to the Adversary Hearing :: 5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order

The caseworker files for an ex parte emergency court order, before removing the child, when the situation meets both of the following criteria:

  • The caseworker does not believe that the child is in imminent danger of being physically or sexually abused in the time it would take to obtain a court order, but the caseworker has reason to believe that if the child is not removed in the near future, the child will be in danger of harm or will be physically or sexually harmed during that time.
  • The child is currently in a placement or family situation that is rapidly deteriorating, and the child may become unsafe at any time.


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