Can CPS Take My Child Without a Court Order in Texas?

Posted by Bobby Dale BarinaApr 30, 20250 Comments

Yes, but only under specific circumstances. In Texas, CPS can remove a child without a court order if there's an immediate danger to the child's health or safety. This is called an emergency removal.

At Barina Law Group in Temple, we represent families throughout Bell County who are facing emergency removals and false claims of danger. We act quickly to demand hearings, review the evidence, and seek to return the child to the home or to a trusted relative.

After an emergency removal:

  • CPS must file a petition and hold a hearing within 14 days.
  • You can request a full review and present your side of the story.
  • The judge may return the child, place them with a relative, or keep them in CPS care pending further hearings.

If this happened to your family, don't wait. Every day matters.

👉 Learn more and take action: www.bobbybarinalaw.com/child-protective-services.html