Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:
(1) has temporary managing conservatorship of the child;
(2) determines that:
(A) the child:
(i) is a victim of abuse or neglect; or
(ii) has a history of being abused or neglected; and
(B) there is a threat of:
(i) immediate or continued abuse or neglect to the child;
(ii) someone illegally taking the child from the home in which the child is placed;
(iii) behavior that poses a threat to the caregiver with whom the child is placed; or
(iv) someone committing an act of violence against the child or the child's caregiver; and
(3) is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.