Family Code · §262.104

Emergency Removal of a Child Without a Court Order

Emergency Removal of a Child Without a Court Order (§262.104): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Reasonable cause to believe child in immediate danger
  • Immediate removal necessary to protect physical health/safety
  • Not based on parent's lack of financial means alone
  • Notify DFPS / file petition promptly

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Worked examples

Worked example 1

Emergency removal of a child by law enforcement (without a court order) under §262.104 requires:

  1. Anytime an officer has concerns
  2. Reasonable cause to believe immediate removal is necessary to protect the child from an immediate danger to physical health or safety; AND the danger is not the result of a parent/guardian's lack of financial means Correct
  3. Only DFPS approval
  4. Only the parent's consent
Why: An officer may take a child into possession without a court order only on reasonable belief that immediate removal is necessary to protect from immediate danger. The lack of financial means alone is not grounds for removal.
Statute: Tex. Fam. Code §262.104
Worked example 2

SCENARIO. Officer responds to a call where a 4-year-old has visible bruising and the home is filthy with no food. Parent is on scene, intoxicated. What is the typical correct course of action?

  1. Issue a citation
  2. Coordinate with DFPS for an investigation; if there is immediate danger, take the child into possession under §262.104 and notify DFPS without delay; document observations including injuries, scene conditions, and parent state Correct
  3. Wait for a court order before any action
  4. Hand the child to a neighbor
Why: When immediate danger exists, the officer may take possession of the child under §262.104 and notify DFPS. Document observations carefully — photos, scene description, statements — to support the subsequent emergency hearing.
Statute: Tex. Fam. Code §262.104; §261.302

Statutory definitions for this topic

Emergency removal of child Tex. Fam. Code §262.104
An officer may take a child into possession without a court order on reasonable cause to believe immediate removal is necessary to protect from immediate danger to physical health or safety; the danger may not be based on lack of financial means alone. Notify DFPS without delay.