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.