How Texas Family Code Laws Protect Children

Texas

Within the law protects children according to chapter 262 of Texas family code by removing the child from the home if the government official believes the child is in danger. They can remove the child from the home without a court order " 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 as provided by this chapter.(b) In determining the reasonable efforts that are required to be 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" (CHAPTER 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD). This law would be good if the child was being sexually or physically abuse. However, there are cases where the government official can jump to conclusions about the safety of the child. For example, the child may have many bruises and it would seem from a glance, the child is being abused. The bruises came from the child being active. In this case, the government would upset a family because he or she would assume wrong thing. Therefore, the law should be changed to where they have a court order to remove the child.

Therefore, the law should have a court order before removing a child from their home within the chapter 262 of Texas family code. This is because the government official can remove a child from a home due to their own judgment of the situation. In other words, they can remove a child from their parents if they feel the child is in danger. This is wrong because the government official can be prejudice against a family and decide to remove a child from the home by jumping to conclusions about the activity in the home. Furthermore, if they are proven wrong, they cannot be sued for civil liability under the chapter 262 of Texas family code. Therefore, the government official can remove a child from the home if they believe the child is in danger. A belief is not based on facts. A belief that a child is in danger can lead to many problems in the state of Texas because a child can be removed from their home based on that belief and the government official cannot be sued for civil liability if proven wrong under the chapter 262 of Texas family code.

"Sec. 262.003. CIVIL LIABILITY. A person who takes possession of a child without a court order is immune from civil liability if, at the time possession is taken, there is reasonable cause to believe there is an immediate danger to the physical health or safety of the child" (CHAPTER 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD).