A. Removal or Conservatorship of a Child
1. Authorized Actions by Governmental Entity
A governmental entity with an interest in the child may file a suit affecting the parent-child relationship requesting an order or take possession of a child without a court order. Tex. Fam. Code § 262.001(a).
2. Child's Health and Safety is Paramount Concern
When determining if reasonable efforts have been made with respect to preventing or eliminating the need to remove a child from the child's home or to make it possible to return a child to the child's home, the child's health and safety is the paramount concern. Tex. Fam. Code § 262.001(b).
3. Restriction on Removal
Tex. Fam. Code § 262.116 prohibits DFPS from taking possession of a child based on evidence that:
• The parent homeschooled the child;
• The parent is economically disadvantaged;
• The parent has been charged with a nonviolent misdemeanor (other than one listed in Tex. Penal Code Title 5 or 6, or involves family violence as defined by Tex. Fam. Code § 71.004;
• The parent provided or administered low-THC cannabis if the low-THC cannabis was prescribed for the child;
• The parent declined immunization for a child for reasons of conscience, including religious belief;
• The parent allowed a child to engage in independent activities;
• The parent tested positive for marijuana unless the parent's marijuana use caused significant impairment to the child's physical or mental health or emotional development; or
• The parent sought a second opinion for a child's medical care or transferred a child's medical care to a new provider or facility.
Tex. Fam. Code § 262.116 does not prohibit DFPS from gathering or offering evidence of these actions as part of an effort to take possession of a child.