Section 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, Texas Acts of the 85th Leg. - Regular Session, ch. 317,Sec. 14, eff. if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.