At the ex parte emergency hearing, DFPS may ask the court to waive the requirement to provide notice of a removal to a person who is typically entitled to receive such notice (see Texas Family Code 262.109(d)External Link). To do so, DFPS provides documentation to the court showing any of the following:

• DFPS could not locate the person.
• The case meets the criteria for a Baby Moses case under Subchapter D of Chapter 262, Texas Family CodeExternal Link (see also 2351 Baby Moses).
• There is other good cause for not providing notice.

Texas Family Code §262.109(d)External Link