<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER KCOURT-RELATED SERVICES
RULE §700.1102Informing and Notifying Parents and Children

To protect the legal rights of parents and children, the Texas Department of Protective and Regulatory Services (PRS) must take the following actions when providing court-related services.

  (1) PRS must inform the parents and children of every planned court action. Whenever possible, PRS must notify the parents and children of a planned court action before the action takes place, unless PRS suspects that the parents may try to move to avoid the court action. If PRS suspects that the parents may try to move to avoid a court action, PRS may take one of the following actions before informing the parents of the planned court action:

    (A) PRS may request a temporary restraining order to prohibit the parents from removing the child from the state before PRS completes an investigation of child abuse or neglect; or

    (B) PRS may take possession of the child under the authority of a statute or a court order.

  (2) PRS must inform the parents of their right to be represented by an attorney at every court hearing.

  (3) PRS must inform the parents of their right to attend every court hearing.

  (4) When PRS takes possession of a child without a court order or pursuant to an emergency order, PRS must give the parents or legal guardian written notice of the removal.


Source Note: The provisions of this §700.1102 ­adopted to be effective May 15, 1992, 17 TexReg 2783; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page