Texas SB 999 (2017): CPS Removal Procedures and the Full Adversary Hearing

This bill is law. It took effect September 1, 2017.

The short answer

SB 999 rewrote the Texas Family Code rules for how DFPS takes possession of a child (often called a "removal") and for the hearings that follow. It required DFPS's sworn statement in an emergency removal without a court order to describe "reasonable efforts" to avoid the removal. It set a 30-day deadline for the full adversary hearing when DFPS files suit without first taking the child, and it let a parent who is not indigent ask for up to seven more days to hire a lawyer. It applies to cases filed on or after September 1, 2017.

What it changes

Why the bill was written. The Senate Research Center's enrolled analysis says Chapter 262 of the Family Code has three different ways a child might be removed from a parent or caregiver. It says SB 999 would clarify and line up the language on petitions, evidence, and orders for those removals.

The sworn statement in an emergency removal. When DFPS takes a child in an emergency without a court order, its court filing must be backed by an affidavit (a sworn written statement). The affidavit must state facts on several points. According to the analysis, SB 999 added that the affidavit must describe the reasonable efforts made to avoid removal.

The first hearing after an emergency removal. The initial hearing must be held on or before the first business day after the child is taken (the old wording said "working" day). At that hearing, the court must order the child returned unless it is satisfied that certain conditions exist. One listed condition is that the parent is currently using a controlled substance and the use is an immediate danger to the child's health or safety.

Deadlines for the full adversary hearing. The full adversary hearing is the larger court hearing early in a DFPS case.

• In an emergency removal case, the hearing must be held by the 14th day after the child was taken, unless the court grants an extension.
• When DFPS files suit without first taking the child (Section 262.113, "Filing Suit Without Taking Possession of Child"), the hearing must be held by the 30th day after the suit is filed.

Time to hire a lawyer. If a parent who is not indigent (not too poor to pay for a lawyer) comes to court to oppose the case, the judge may, for good cause, postpone the full adversary hearing up to seven days. This gives the parent time to hire a lawyer, or gives the lawyer time to prepare. The rewritten section also says the court must tell each parent without a lawyer about the right to be represented by one. See Your Right to a Lawyer in a Texas CPS Case.

What the judge must find. In an emergency removal case, at the end of the full adversary hearing the court must order the child returned unless it finds enough evidence of specific dangers and efforts. In a case filed without first taking the child, the court issues a temporary order only if it finds:

• a continuing danger to the child caused by an act or failure to act of the person entitled to possession, and that staying home would be contrary to the child's welfare; and
• reasonable efforts were made to prevent or eliminate the need to remove the child.

One hearing type replaced. SB 999 repealed Section 262.205. The analysis says that section's hearing was called a "show cause" hearing, while Section 262.201 hearings are called "adversary" hearings.

Siblings from the same incident. Each suit based on the same incident and involving children who live in the same home must be filed in the same court.

Which cases it covers. The changes apply only to suits filed on or after the effective date. Some of these rules were changed again by later laws. For example, HB 567 (2021) amended several subsections of Section 262.201. See Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services.

Which laws it affects

• Family Code §262.105: the affidavit after an emergency removal without a court order.
• Family Code §§262.106 and 262.107: the initial hearing and when the child must be returned.
• Family Code §262.201: the full adversary hearing, its deadlines, and the findings the court must make.
• Family Code §262.1131 (new): temporary restraining orders in a suit filed under §262.113.
• Family Code §262.013 (new): filing suits for children from the same home in the same court.
• Family Code §262.205: repealed.
• Family Code §§155.201, 155.204 and 262.203: transferring cases between courts.

Related

• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Your Right to a Lawyer in a Texas CPS Case
• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services: the 2021 law that changed removal standards and parts of §262.201
• Texas HB 1087 (2023): Removal Papers Must Spell Out 'Reasonable Efforts': the 2023 law on what DFPS removal petitions must contain
• Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices: the 2025 law adding a notice check before the full adversary hearing