Once the caseworker and supervisor have program director approval for an emergency order, the caseworker takes the following actions:

• Immediately requests the attorney representing DFPS to file a petition seeking relief and requesting an ex parte emergency hearing (that is, a hearing attended by only one party, which, in this case, is DFPS).
• The caseworker submits legal documents to the attorney representing DFPS within 24 hours after program director approval or on the first business day (if the 24-hour period includes a weekend or holiday).
• Follows 5421 Requirements for Completing a Removal Affidavit and prepares an affidavit with sufficient evidence to satisfy the standard explained in 5411.2 Standard for Obtaining a Court Order before Conducting an Emergency Removal.
• Participates as a witness, if needed, in the ex parte emergency hearing. See Texas Family Code §262.102External Link.
• Removes the child if the court finds that the requirements for an emergency ex parte order are met and grants the order. (An ex parte order means that the court enters the order before holding a hearing where the parents are present and before the citation of the parents. An emergency order may not be valid if it is not in writing and signed, or if it was granted orally.)

If a DFPS lawsuit involves a child with possible Native American family history, the Indian Child Welfare Act (ICWA) may apply. See 5740 The Indian Child Welfare Act (ICWA).

Initial Tasks for an Emergency Removal

The removing caseworker does as follows:

• Takes possession of the child.
• Informs the child’s parents of the reasons for the removal.
• Gives the brochure While Your Child Is in Our Care to the parents. If the parents do not live together, the removing caseworker gives the brochure to each parent.
• Gives a completed Form 2231 Notice of Removal of ChildrenPDF Document to all parents at the time of removal, or no later than the first business day after removal. See Texas Family Code §262.109External Link.
• Discusses with the child the child’s immediate needs and any special needs the child may have in the first 72 hours of placement, as well as any known sexual victimization or sexual aggression history. If the child is suspected to have a sexual behavior problem, sexual victimization, or sexual aggression, the caseworker must document the information in IMPACT.
• Gives Form 2625 Child Caregiver ResourcePDF DocumentExternal Link [sic, intranet link] to the parent or parents within 24 hours after removal and, to the extent possible, helps the parent or parents complete the form. If the parents do not live together, the removing caseworker gives the form to each parent.
• Gathers any available information needed to complete the forms for the placement authorization, medical consenter, and education decision-maker.
• At the time of placement or within 72 hours, the caregiver is provided the child’s Child Sexual History Report (Attachment A) that is generated in IMPACT and a Form 2279 Placement Summary. The caseworker enters the date the Child Sexual History Report (Attachment A) was signed on the child’s placement page in IMPACT. The caseworker uploads the signed Child Sexual History Report (Attachment A) into OneCase. For policy about providing this information to the caregiver at the time of placement, see 4133 Provide and Discuss the Placement Summary (Form 2279). For policy about identifying, documenting, or notifying a caregiver about sexual victimization or sexual aggression, see 6419 Working with Children Who Are Sexually Aggressive, Have Sexual Behavior Problems, or Are Victims of Sexual Abuse.

Discussion with Child

The caseworker has a developmentally appropriate conversation with the child about both of the following:

• Why the removal was necessary.
• Any adults, particularly those who live in the child’s community, who the child would be comfortable living with.

The caseworker also makes sure that the child understands both of the following:

• DFPS will, to the extent possible, assess the identified adults as potential caregivers for the child.
• There is no guarantee that the child will go live with these identified adults.

After the conversation with the child, the caseworker documents the conversation in IMPACT. The caseworker makes sure that the adults who the child identified are documented on Form 2625 Child Caregiver ResourcePDF DocumentExternal Link[sic, intranet link].

The caseworker prepares for the adversary hearing, which takes place no more than 14 calendar days after DFPS removed the child, unless the court orders an extension. See 3221 Notification and Assignment of Conservatorship Caseworker. At the hearing, the child’s parents or caregivers have the opportunity to challenge DFPS’s evidence supporting the emergency removal. See 5430 Adversary Hearing.