Required Findings; Issuance of Protective Order

Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that: (1) the child: (A) is a victim of abuse or neglect; or (B) has a history of being abused or neglected; and (2) there is a threat of: (A) immediate or continued abuse or neglect to the child; (B) someone illegally taking the child from the home in which the child is placed; (C) behavior that poses a threat to the caregiver with whom the child is placed; or (D) someone committing an act of violence against the child or the child's caregiver. (a-1) In making a determination whether the child is or has been a victim of abuse or neglect, the court shall consider the opinion of a medical professional obtained by an individual against whom a protective order is sought. (b) If the court makes an affirmative finding under Subsection (a), the court shall issue a protective order that includes a statement of that finding. Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 4, eff. September 1, 2021.