If a law enforcement officer discovers a missing child during a criminal investigation, and a person entitled to possession of the child is not immediately available, the officer may deliver the child to DFPS.

DFPS may retain possession of the child for up to five days.

If, at the end of the fifth day, no person entitled to possession of the child has assumed possession, the caseworker must file for a removal in court as though DFPS had conducted an emergency removal before obtaining a court order. See 5412 Conducting an Emergency Removal Before Obtaining a Court Order.

Texas Family Code, §262.007External Link