(a) In making the application under this subchapter, the department must certify that:
(1) the department has diligently searched for and:
(A) was unable to locate the child’s parent, legal guardian, or custodian, other than the respondent to the application; or
(B) located and provided notice of the proposed application to the child’s parent, legal guardian, or custodian, other than the respondent to the application; and
(2) if applicable, the relative or caregiver who is jointly filing the petition, or with whom the child would reside following an entry of the protective order, has not abused or neglected the child and does not have a history of abuse or neglect.
(b) An application for a temporary ex parte order under § 261.503 may be filed without making the findings required by Subsection (a) if the department certifies that the department believes there is an immediate danger of abuse or neglect to the child.