Family Code · §262.104

CPS Reporting

CPS Reporting is covered under §262.104 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: 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.

Elements you must prove

  • 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

Practice 2 questions on this topic

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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.