NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
|
See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order for Issuance of Warrant to Take Physical Custody of Child
On [date] Petitioner, [name of petitioner], presented to this Court a verified request for a warrant to take physical custody of [name[s] of child[ren]], [a] child[ren].
|
Include the following if applicable. |
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
|
Continue with the following. |
On the basis of the sworn statement in the petition and of the testimony of Petitioner [include if applicable: and other witnesses] and of the evidence and argument of counsel, the Court finds it necessary and proper to issue a warrant to take physical custody of [name[s] of child[ren]] immediately. The Court finds the following facts form a justifiable basis on which this Court has concluded a likelihood of imminent serious physical harm of [name[s] of child[ren]] or of [name[s] of child[ren]]’s removal from Texas: [recite facts on which a conclusion of imminent serious physical harm or removal from Texas is based].
IT IS THEREFORE ORDERED that a Warrant to Take Physical Custody of Child immediately be issued commanding any law enforcement officer within Texas to take physical custody immediately of [name[s] of child[ren]], [a] child[ren], and to place the child[ren] safely into the possession of [name of person or agency] at [address, city,] Texas, pending further order of the Court.
|
Select one of the following, depending on the court’s schedule. |
The [person/agency] with whom the child[ren] [is/are] placed is ORDERED to produce the child[ren] and Respondent[s], [name[s] of respondent[s]], [is/are] ORDERED to appear before this Court in its courtroom at [time] on the next judicial day after this warrant is executed, at which time and place a hearing shall be held to determine the right to possession of the child[ren].
|
Or |
The [person/agency] with whom the child[ren] [is/are] placed is ORDERED to produce the child[ren] and Respondent[s], [name[s] of respondent[s]], [is/are] ORDERED to appear before this Court in its courtroom on [date] at [time], at which time and place a hearing shall be held to determine the right to possession of the child[ren]. It is impossible for the Court to hold the hearing before that date.
|
Continue with the following. |
IT IS ORDERED that the following conditions on the placement of the child[ren] are imposed to ensure the appearance of the child[ren] and the child[ren]’s custodian: [state conditions].
|
Include the following if applicable. |
Based on the testimony heard by the Court that a less intrusive remedy would not be effective, IT IS ORDERED that law enforcement officers executing this warrant may enter private property to take physical custody of the child[ren].
|
Include the following if applicable. |
Due to the exigent circumstances of this case, IT IS ORDERED that law enforcement officers may make a forcible entry at any hour in order to execute this warrant.
|
Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING