Before conducting an ex parte emergency removal with a court order, the caseworker prepares and submits an affidavit.

The affidavit must contain sufficient evidence to satisfy a person of ordinary prudence and caution that the situation meets all the following criteria:

• There is an immediate danger to the child’s physical health or safety, or the child has been a victim of neglect, sexual abuse, or human trafficking.
• It is contrary to the child’s welfare to remain in the home of the parent or adult from whom the child is being removed.
• The caseworker has made reasonable efforts, consistent with the circumstances of the case, to secure the child’s safety and to prevent or eliminate the need for removal.

Texas Family Code §262.101External Link

Texas Family Code §262.102External Link