Temporary Authorization For Care Of Minor Child (Temporary Authorization Order)

What is Temporary Authorization for Care of a Minor Child?

If a parent is unable or unwilling to sign an authorization agreement or SPOA, the court may grant an adult caregiver the temporary authority to care for a child with a time-limited court order.

Who can seek a Temporary Authorization Order?

A minor’s grandparent, adult sibling, adult aunt or uncle, or an adult with a written authorization to seek medical care for the minor from the minor’s parent or conservator can seek court authorization for the care of the minor. The minor must have lived with the adult caregiver seeking the authorization for at least 30 days before filing. If the caregiver has an Authorization Agreement for Voluntary Adult Caregiver or other signed document from the parent, such as an SPOA, that enables the caregiver to take care of the child, they generally cannot get a temporary authorization order. But there may be circumstances, such as major surgery, where the medical provider is unwilling to proceed without consent by a parent or someone with authority granted under a court order. ^[18]

If a parent of the minor objects to the authorization being granted, the court must dismiss the case. ^[19]

How do you get a Temporary Authorization Order?

The adult caregiver with actual possession, care, and control of the minor for at least 30 days can file a petition asking the court to grant them temporary authority to care for the minor.

What information is needed to file?

The list of information needed to petition for a temporary authorization order is found in the Texas Family Code in Chapter 35, Section 35.003. The petition must include:

1. The names, dates of birth, and addresses of the minor and the adult caregiver;
2. The name(s), and, if known, current address of the minor’s parent(s);
3. The dates in the last 12 months that the child has resided with the adult caregiver;
4. A statement addressing why a signed, written document cannot be obtained from the parent(s);
5. Information about any court proceeding involving the child; and
6. Why the authorization is needed.

What is the effect of a Temporary Authorization Order?

The order can authorize the adult caregiver to consent to medical treatment on behalf of the minor, authorize the release of information on behalf of the minor, obtain and maintain any public benefit for the child, enroll the minor in school, authorize the minor to participate in extracurricular activities, and authorize any other care for the minor essential to their welfare.^[20]

How long does a Temporary Authorization Order Last?

A temporary authorization order expires on the designated date in the court order, but will expire no later than one year after the date the order was signed.^[21] The order can be renewed by the court for one year if the adult caregiver can show a continuing need. The court can also terminate the order on a finding that there is no longer a need.^[22]

[18] Tex. Fam. Code § 35.002. [19] Tex. Fam. Code § 35.005. [20] Tex. Fam. Code § 35.005(d). [21] Tex. Fam Code § 35.005(d) [22] Tex. Fam. Code § 35.006.