Title FA, Family Code

Sec. 262.404. FILING SUIT; PETITION REQUIREMENTS. (a) The department may file a suit requesting the court to render an order requiring the parent, managing conservator, guardian, or other member of the child's household to: (1) participate in the family preservation services for …

Sec. 262.405. AD LITEM APPOINTMENTS. (a) The court shall appoint an attorney ad litem to represent the interests of the child immediately after a suit is filed under Section 262.404 but before the hearing to ensure adequate representation of the child. The attorney ad litem for t…

Sec. 262.406. COURT ORDER. (a) Except as provided by Subsection (d), at the conclusion of the hearing in a suit filed under Section 262.404, the court shall order the department to provide family preservation services and to execute a family preservation services plan developed i…

Sec. 262.407. FAMILY PRESERVATION SERVICES PLAN; CONTENTS. (a) On order of the court under Section 262.406, the department in consultation with the child's family shall develop a family preservation services plan. The department and the family shall discuss each term and conditio…

Sec. 262.408. FAMILY PRESERVATION SERVICES PLAN: SIGNING AND EFFECT. (a) The family of a child who is a candidate for foster care and the department shall sign the family preservation services plan, and the department shall submit a copy of the signed plan to the court for review…

Sec. 262.409. AMENDED FAMILY PRESERVATION SERVICES PLAN. (a) A family preservation services plan may be amended at any time. The department or single source continuum contractor and the parents of a child who is a candidate for foster care shall jointly develop any amendment to t…

Sec. 262.410. COURT IMPLEMENTATION OF FAMILY PRESERVATION SERVICES PLAN. (a) After reviewing and certifying an original or any amended family preservation services plan, the court shall incorporate the original and any amended plan into the court's order and may render additional…

Sec. 262.411. SELECTION OF SERVICE PROVIDER; REIMBURSEMENT. (a) A parent, managing conservator, guardian, or other member of a household ordered to participate in family preservation services under this subchapter may obtain those services from a qualified or licensed provider se…

Sec. 262.412. STATUS HEARING. Not later than the 90th day after the date the court renders an order for family preservation services under this subchapter, the court shall hold a hearing to review the status of each person required to participate in the services and of the child …

Sec. 262.413. EXTENSION OF ORDER. (a) The court may extend an order for family preservation services rendered under this subchapter on a showing by the department of a continuing need for the order, after notice and hearing. Except as provided by Subsection (b), the court may ext…

Sec. 262.414. EXPIRATION OF ORDER. On expiration of a court order for family preservation services under this subchapter, the court shall dismiss the case. Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.

Sec. 262.415. CONTRACT FOR SERVICES. (a) The department may contract with one or more persons to provide family preservation services under the pilot program. In a child protective services region in this state in which community-based care under Subchapter B-1, Chapter 264, has …

Sec. 262.416. LIMIT ON FINANCE OF SERVICES. If a court order for services under this subchapter includes services that are not subject to the Family First Prevention Services Act (Title VII, Div. E., Pub. L. No. 115-123), the order must identify a method of financing for the serv…

Sec. 262.417. REPORT TO LEGISLATURE. (a) Not later than the first anniversary of the date the department commences a pilot program under this subchapter and every two years after that date, the department shall contract with an entity based in this state that is independent of th…

Sec. 263.001. DEFINITIONS. (a) In this chapter: (1) "Advanced practice nurse" has the meaning assigned by Section 157.051, Occupations Code. (1-a) "Age-appropriate normalcy activity" has the meaning assigned by Section 264.001. (1-b) "Department" means the Department of Family an…

Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a) In a suit affecting the parent-child relationship in which the department has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservat…

Sec. 263.00201. REVIEW OF PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (a) In this section, "qualified residential treatment program" has the meaning assigned by 42 U.S.C. Section 672(k)(4). (b) Not later than the 60th day after the date the department places a child in …

Sec. 263.0021. NOTICE OF HEARING; PRESENTATION OF EVIDENCE. (a) Notice of a hearing under this chapter shall be given to all persons entitled to notice of the hearing. (b) The following persons are entitled to at least 10 days' notice of a hearing under this chapter and are entit…

Sec. 263.0022. TEMPORARY EMERGENCY SUPERVISION; MONTHLY REPORT. (a) In this section, "temporary emergency supervision" means the supervision and care provided by the department or a single source continuum contractor for a child without placement for whom the department has been …

Sec. 263.0025. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) In this section, "child" means a child in the temporary or permanent managing conservatorship of the department who is eligible under Section 29.003, Education Code, to participate in a school distr…

Sec. 263.003. INFORMATION RELATING TO PLACEMENT OF CHILD. (a) Except as provided by Subsection (b), not later than the 10th day before the date set for a hearing under this chapter, the department shall file with the court any document described by Sections 262.114(a-1) and (a-2)…

Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION DECISION-MAKING. (a) Unless the rights and duties of the department under Section 153.371(10) to make decisions regarding the child's education have been limited by court order, the department shall file with the court the name an…

Sec. 263.0045. EDUCATION IN HOME SETTING FOR FOSTER CHILDREN. On request of a person providing substitute care for a child who is in the managing conservatorship of the department, the department shall allow the person to provide the child with an education in a home setting unle…

Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. The department shall designate existing department personnel to ensure that the parties to a family service plan comply with the plan. Added by Acts 1995, 74th Leg., ch. 943, Sec. 5, eff. Sept. 1, 1995.

Sec. 263.006. WARNING TO PARENTS. At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the court has rendered a temporary order appointing the department as temporary managing conservator, the court shall inform each parent in open…

Sec. 263.0061. NOTICE TO PARENTS OF RIGHT TO COUNSEL. (a) At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the date the court renders a temporary order appointing the department as temporary managing conservator of a child, the…

Sec. 263.007. REPORT REGARDING NOTIFICATION OF RELATIVES. Not later than the 10th day before the date set for a hearing under Subchapter C, the department shall file with the court a report regarding: (1) the efforts the department made to identify, locate, and provide informatio…

Sec. 263.008. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In this section: (1) "Agency foster home" and "facility" have the meanings assigned by Section 42.002, Human Resources Code. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86, eff. September 1, 2015. (3) "Foster chil…

Sec. 263.009. PERMANENCY PLANNING MEETINGS. (a) The department shall hold a permanency planning meeting for each child for whom the department is appointed temporary managing conservator in accordance with a schedule adopted by the commissioner of the department by rule that is d…

Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Except as provided by Section 262.2015, not later than the 45th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child under Chapter 262, the department shall fil…

Sec. 263.102. SERVICE PLAN; CONTENTS. (a) The service plan must: (1) be specific; (2) be in writing in a language that the parents understand, or made otherwise available; (3) be prepared by the department in conference with the child's parents; (4) state appropriate deadlines; (…

Sec. 263.1021. SELECTION AND REIMBURSEMENT OF SERVICE PROVIDER. (a) A parent who is required to complete a service plan under this subchapter may obtain services from a qualified or licensed provider selected by the parent. (b) Services obtained from a provider selected under Sub…

Sec. 263.103. ORIGINAL SERVICE PLAN: SIGNING AND TAKING EFFECT. (a) The original service plan shall be developed jointly by the child's parents and a representative of the department, including informing the parents of their rights in connection with the service plan process. If …

Sec. 263.104. AMENDED SERVICE PLAN. (a) The service plan may be amended at any time. The department shall work with the parents to jointly develop any amendment to the service plan, including informing the parents of their rights in connection with the amended service plan proces…

Sec. 263.105. REVIEW OF SERVICE PLAN; MODIFICATION. (a) The service plan currently in effect shall be filed with the court. (b) The court shall review the plan at the next required hearing under this chapter after the plan is filed. (c) The court may modify an original or amended…

Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After reviewing the original or any amended service plan and making any changes or modifications it deems necessary, the court shall incorporate the original and any amended service plan into the orders of the court and may rend…

Sec. 263.107. VISITATION PLAN. (a) This section applies only to a child in the temporary managing conservatorship of the department for whom the department's goal is reunification of the child with the child's parent. (b) Not later than the 30th day after the date the department …

Sec. 263.108. REVIEW OF VISITATION PLAN; MODIFICATION. (a) At the first hearing held under this chapter after the date an original or amended visitation plan is filed with the court under Section 263.107, the court shall review the visitation plan, taking into consideration the f…

Sec. 263.109. COURT IMPLEMENTATION OF VISITATION PLAN. (a) After reviewing an original or amended visitation plan, the court shall render an order regarding a parent's visitation with a child that the court determines appropriate. (b) If the court finds that visitation between a …

Sec. 263.201. STATUS HEARING; TIME. (a) Not later than the 60th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child, the court shall hold a status hearing to review the child's status and the service plan d…

Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all persons entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as to whether: (1) the department has exercised due diligence to locate all necessary persons, includin…

Sec. 263.203. APPOINTMENT OF ATTORNEY AD LITEM; ADMONISHMENTS. (a) The court shall advise the parties of the provisions regarding the mandatory appointment of an attorney ad litem under Subchapter A, Chapter 107, and shall appoint an attorney ad litem to represent the interests o…

Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child shall attend each permanency hearing unless the court specifically excuses the child's attendance. A child committed to the Texas Juvenile Justice Department may attend a permanency hearing in person, by telephone, or by vide…

Sec. 263.3025. PERMANENCY PLAN. (a) The department shall prepare a permanency plan for a child for whom the department has been appointed temporary managing conservator. The department shall give a copy of the plan to each person entitled to notice under Section 263.0021(b) not l…

Sec. 263.3026. PERMANENCY GOALS; LIMITATION. (a) The department's permanency plan for a child may include as a goal: (1) the reunification of the child with a parent or other individual from whom the child was removed; (2) the termination of parental rights and adoption of the ch…

Sec. 263.303. PERMANENCY PROGRESS REPORT BEFORE FINAL ORDER. (a) Not later than the 10th day before the date set for each permanency hearing before a final order is rendered, the department shall file with the court and provide to each party, the child's attorney ad litem, the ch…