The department may file an application for a protective order for a child's protection under this subchapter on the department's own initiative or jointly with a parent, relative, or caregiver of the child who requests the filing of the application if the department:

1. (1) has temporary managing conservatorship of the child;

2. (2) determines that:

   1. (A) the child:

      1. (i) is a victim of abuse or neglect; or
      2. (ii) has a history of being abused or neglected; and

   2. (B) there is a threat of:

      1. (i) immediate or continued abuse or neglect to the child;
      2. (ii) someone illegally taking the child from the home in which the child is placed;
      3. (iii) behavior that poses a threat to the caregiver with whom the child is placed; or
      4. (iv) someone committing an act of violence against the child or the child's caregiver; and
3. (3) is not otherwise authorized to apply for a protective order for the child's protection under Chapter 82.

Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 14, eff. September 1, 2017.