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Chapter 46

Form 46-12

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. The suit must be styled “ex parte” and be in the name of the child.]

Order for Temporary Authorization for Care of Child

1.Date of Hearing

On [date] the Court heard this case.

2.Appearances

Appearances

Include appropriate recitations concerning appearances. See form 21-15.

3.Jurisdiction

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that [no other court has continuing, exclusive jurisdiction of this case/a court order designating conservatorship or guardianship over the child the subject of this suit was entered on [date] in the [designation of court] Court of [county], [state]].

The Court finds that the child the subject of this suit has resided with Petitioner[s] for at least the preceding thirty days and that Petitioner[s] [does/do] not have an authorization agreement under chapter 34 of the Texas Family Code or other signed, written documentation from a parent, conservator, or guardian of the child the subject of this suit that enables Petitioner[s] to pro­vide necessary care for the child the subject of this suit.

All persons entitled to citation were properly cited.

4.Record

Record

4.A.Waived

§ 105.003(c)

The making of a record of testimony was waived by the parties with the consent of the Court.

Or

4.B.Reporter

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

5.Child

The Court finds that the following child is the subject of this suit:

Name:

Sex:

Birth date:

Current physical address:

6.Findings

Findings

6.A.Relief Denied

The Court finds that an objection was made to the Petition for Tempo­rary Authorization for Care of Child by the child’s parent, conservator, or guardian.

The Court finds that the Petition for Temporary Authorization for Care of Child should be denied. IT IS ORDERED that all relief requested in the Petition for Temporary Authorization for Care of Child is DENIED.

The Petition for Temporary Authorization for Care of Child is therefore dismissed without prejudice.

Or

6.B.Relief Granted

The Court finds that the child the subject of this suit does not have a par­ent, conservator, guardian, or other legal representative available to give the necessary consent and that no objection to this petition was made by the child’s parent, conservator, or guardian.

The Court finds that the material allegations in the Petition for Tempo­rary Authorization for Care of Child are true and that the requested temporary authorization is necessary to the child’s welfare and in the best interest of the child.

IT IS ORDERED that the Petition for Temporary Authorization for Care of Child is GRANTED.

If relief is granted, continue with the following as appropriate. If relief is denied, go to 11.

7.Person[s] Granted Temporary Authorization

Person[s] Granted Temporary Authorization

Temporary authorization for care of the child is granted for the follow­ing Petitioner[s]:

Name:

Birth date:

Repeat for other petitioner if applicable.

8.Specific Authorizations Granted

Authorization[s] Granted

IT IS ORDERED that Petitioner[s] [is/are] specifically authorized to do the following:

Select as applicable.

1.Consent to medical, dental, psychological, and surgical treatment and immunization of the child.

And/Or

2.Execute any consent or authorization for the release of information as required by law relating to medical, dental, psychological, and surgical treatment and immunization of the child.

And/Or

3.Obtain and maintain any public benefit for the child.

And/Or

4.Enroll the child in a day-care program, preschool, or public or pri­vate primary or secondary school.

And/Or

5.Authorize the child to participate in age-appropriate extracurricu­lar, civic, social, or recreational activities, including athletic activities.

And/Or

6.Authorize or consent to any other care for the child essential to the child’s welfare.

9.Does Not Supersede Other Court Orders

Does Not Supersede Other Court Orders

This temporary authorization order does not supersede any rights of a parent, conservator, or guardian as provided by court order.

10.Expiration

Expiration

This temporary authorization order expires [one year from the date this order is signed by the Court/on [date]] unless otherwise renewed or terminated by further order of the Court.

11.Relief Not Granted

Required in All Orders

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

12.Date of Order

Date of Order

Select one of the following.

SIGNED on ________________________________.

Or

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ______________________________.

Continue with the following.

   
JUDGE PRESIDING