The ex parte emergency hearing takes place on or before the first business day after DFPS removed the child from the home. If the court is unavailable on the first business day, the hearing takes place on the next available business day but no later than the third business day after DFPS removed the child.

Texas Family Code §262.106External Link

Texas Family Code §262.105(a)(3)External Link

If Hearing Is Not Held Within the Required Time Frame

If the ex parte emergency hearing is not held within the required time frame (on or before the first business day after the child is removed or the first business day the court is available, but no later than the third business day after removal), DFPS does the following:

• Returns the child to the parent or other person from whom the child was removed.
• Provides whatever services it can in the home to protect the child from further harm.

Texas Family Code §262.106(c)External Link

DFPS Rules, 40 TAC §700.1103External Link

Before Returning the Child

Before returning the child, the caseworker notifies the supervisor and program director and explains why the child will be returned.

If the Child Is in Danger

If the child is in danger of further harm in the home, the program director contacts the attorney representing DFPS, in writing, to discuss legal options.

This written notice must meet the following criteria:

• Clearly describe the danger to the child.
• Include a request for a new emergency removal, if needed.
• Be approved by the program administrator.