Handbook Revision, November 7, 2023

These revisions of the Child Protective Services Handbook were published on November 7, 2023.

On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS Handbook.

See:

Child Protective Services Revisions

Child Protective Investigations Revisions

Previous Revisions

Child Protective Services Revisions

None

Child Protective Investigations Revisions

Removing the Alleged Perpetrator from the Home (PATS 14025)

This handbook revision updates policy about court orders removing an alleged perpetrator from the home. The updates reflect requirements in House Bill 968 and House Bill 3765, 88th Texas Legislature, Regular Session.

Sections marked with an asterisk (*) were renumbered but not revised in any other way.

See:

3220 Taking Legal Custody of a Child

3221 Removal of a Child

3221.1 Placement and Possession of Child Following Removal

3221.2 Steps in the Removal Process

3221.3 Removal of a Child Is Granted or Not Granted

32212 Notification and Assignment of Conservatorship Caseworker

32223 Diligent Search for Possible Relative or Fictive Kin Placement

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5120 Removing the Perpetrator or Alleged Perpetrator from the Home

5121 Types of Orders to Remove a Perpetrator or Alleged Perpetrator from the Home

5122 When DFPS Seeks an Order to Remove a Perpetrator or Alleged Perpetrator from the Home

*51213 Seeking an Order to Remove an Alleged Perpetrator From the Home

*51213.1 Approval to Seek an Order to Remove an Alleged Perpetrator From the Home

*51213.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home

51213.3 Standard for Court’s Decision on Whether to Issue a Temporary Restraining Order

*51213.4 Notice and Service Requirements for a Court Order to Remove an Alleged Perpetrator From the Home

5123.5 Agreed Order to Remove an Alleged Perpetrator from the Home

*51224 The Effect of a Temporary Restraining Order for Removal of the Alleged Perpetrator

51235 Duration of a Temporary Restraining Order for Removal of an Alleged Perpetrator

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5140 Protective Orders for Protection of a Child or Family Member

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5410 Types of Court Orders and the Process for Obtaining a Court Order for Removing a Child