reglab/housing_qa huggingface dataset:
TX Fam Code § 262.405 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.405. Ad Litem Appointments

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 the child has the powers and duties of an attorney ad litem for a child under Chapter 107.(b)  The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in family preservation services is being requested immediately after the suit is filed but before the hearing to ensure adequate representation of the parent.  The attorney ad litem for the parent has the powers and duties of an attorney ad litem for a parent under Section 107.0131.(c)  Before the hearing commences, the court shall inform each parent of:(1)  the parent's right to be represented by an attorney; and(2)  for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney.(d)  If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence.  The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents.  If the court finds the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation.  If the court finds the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and order the parent to pay the cost of the attorney ad litem's representation.(e)  The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem's discharge to allow the parent to hire an attorney or to provide the parent's attorney time to prepare for the subsequent proceeding.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.406 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.406. Court Order

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 in collaboration with the family of the child who is a candidate for foster care if the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:(1)  abuse or neglect occurred or there is a substantial risk of abuse or neglect or continuing danger to the child's physical health or safety caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household;(2)  family preservation services are necessary to ensure the child's physical health or safety; and(3)  family preservation services are appropriate based on the child's safety risk assessment and the child's family assessment.(b)  The court's order for family preservation services must:(1)  identify and require specific services narrowly tailored to address the factors that make the child a candidate for foster care; and(2)  include a statement on whether the services to be provided to the family are appropriate to address the factors that place the child at risk of removal.(c)  The court may, in its discretion, order family preservation services for a parent whose parental rights to another child were previously terminated.(d)  If the court finds, by clear and convincing evidence, that the parent has subjected the child to aggravated circumstances described by Section 262.2015, the court may order that family preservation services not be provided.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.407 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.407. Family Preservation Services Plan; Contents

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 condition of the plan.(b)  The family preservation services plan must be written in a manner that is clear and understandable to the parent, managing conservator, guardian, or other member of the child's household and in a language the person understands.(c)  The family preservation services plan must:(1)  include a safety risk assessment of the child who is the subject of the investigation and an assessment of the child's family;(2)  state the reasons the department is involved with the family;(3)  be narrowly tailored to address the specific reasons the department is involved with the family and the factors that make the child a candidate for foster care;(4)  list the specific family preservation services the family will receive under the plan and identify the manner in which those services will mitigate the child's specific risk factors and allow the child to remain safely at home;(5)  specify the tasks the family must complete during the effective period of the plan and include a schedule with appropriate completion dates for those tasks; and(6)  include the name of the department or single source continuum contractor representative who will serve as a contact for the family in obtaining information related to the plan.(d)  The family preservation services plan must include the following statement:"TO THE PARENT OF THE CHILD SERVED BY THIS PLAN:  THIS DOCUMENT IS VERY IMPORTANT.  ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THIS PLAN.  IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR CHILD MAY BE REMOVED FROM YOU, AND YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED.  A COURT HEARING WILL BE HELD AT WHICH A JUDGE WILL REVIEW THIS FAMILY PRESERVATION SERVICES PLAN."|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.411 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.411. Selection of Service Provider

Sec. 262.411.  SELECTION OF SERVICE PROVIDER.  (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 selected by the person.(b)  Services provided by a provider selected under Subsection (a) must be similar in scope and duration to services described by the family preservation services plan adopted under Section 262.407 and achieve the stated goals of the service plan. The service provider must certify in writing that the parent, managing conservator, guardian, or other member of a household completed the services.(c)  A parent, managing conservator, guardian, or other member of a household who obtains family preservation services from a provider selected by the person is responsible for the cost of those services.(d)  A parent, managing conservator, guardian, or other member of a household who successfully completes the required family preservation services must obtain verification from the service provider of that completion.  The department shall accept the service provider's verification provided under this subsection as proof that the person successfully completed the court-ordered family preservation services.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.412 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.412. Status Hearing

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 and to review the services provided, purchased, or referred.  The court shall set subsequent review hearings every 90 days to review the continued need for the order.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.413 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.413. Extension of Order

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 extend the order only one time for not more than 180 days.(b)  The court may extend an order rendered under this subchapter for not more than an additional 180 days only if:(1)  the court finds that:(A)  the extension is necessary to allow the person required to participate in family preservation services under the family preservation services plan time to complete those services;(B)  the department made a good faith effort to timely provide the services to the person;(C)  the person made a good faith effort to complete the services; and(D)  the completion of the services is necessary to ensure the physical health and safety of the child; and(2)  the extension is requested by the person required to participate in family preservation services under the family preservation services plan or the person's attorney.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.414 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.414. Expiration of Order

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.|
TX Fam Code § 262.415 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.415. Contract for Services

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 been implemented and in which the pilot program is implemented, the department may contract with the single source continuum contractor to provide family preservation services under the pilot program.(b)  The contract with the person selected to provide family preservation services must include performance-based measures that require the person to show that as a result of the services:(1)  fewer children enter foster care in the pilot program region in comparison to other regions of this state;(2)  fewer children are removed from their families after receiving the services in the pilot program region in comparison to other regions of this state; and(3)  fewer children enter foster care in the five years following completion of the services in the pilot program region in comparison to other regions of this state.(c)  The department shall collaborate with a person selected to provide family preservation services to identify children who are candidates for foster care or who are pregnant or parenting foster youth and to ensure that the services are appropriate for children referred by the department.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.416 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.416. Limit on Finance of Services

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 services and the local jurisdiction that will pay for the services.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 262.417 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child|Subchapter F. Family Preservation Services Pilot Program|Section 262.417. Report to Legislature

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 the department and has demonstrated expertise in statistical, financial, logistical, and operational analysis to evaluate the implementation of the pilot program under this subchapter, assess its progress, and report its findings to the appropriate standing committees of the legislature having jurisdiction over child protective services and foster care matters. The report must include:(1)  a detailed description of the actions taken by the department to ensure the successful implementation of the pilot program;(2)  a detailed analysis of the role each of the following entities has in the pilot program:(A)  the courts;(B)  legal representatives;(C)  the investigations division of the department; and(D)  the department or other entity implementing the pilot program;(3)  an analysis of any barrier to the successful implementation of the pilot program and recommendations for overcoming those barriers;(4)  data on the performance-based outcomes described by Subsection (b) and achieved in the child protective services region in which the pilot program is implemented;(5)  a detailed comparison of outcomes achieved in the child protective services region in which the pilot program is implemented with outcomes achieved in other child protective services regions;(6)  a detailed description of the costs of the pilot program and services provided; and(7)  recommendations on whether to expand services described in this subchapter to other child protective services regions in this state based on the outcomes and performance of the pilot program.(b)  Performance-based outcomes for evaluating the pilot program must include:(1)  the number of children served;(2)  the number of families served;(3)  the percentage of children who do not have a reported finding of abuse, neglect, or exploitation;(4)  the percentage of children served who did not enter foster care at case closure;(5)  the percentage of children served who did not enter foster care within six months and one year of the date the case was closed;(6)  the number of families who received family preservation services under the pilot program for whom the department opens an investigation of abuse or neglect involving the family before the second anniversary of the date the case was closed; and(7)  the average length of time services are provided from the entry of an order for family preservation services to case dismissal.|Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 263.002 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 263 - Review of Placement of Children Under Care of Department of Family and Protective Services|Subchapter A. General Provisions|Section 263.002. Review of Placements by Court; Findings

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 conservator of a child, the court shall hold a hearing to review:(1)  the conservatorship appointment and substitute care; and(2)  for a child committed to the Texas Juvenile Justice Department, the child's commitment in the Texas Juvenile Justice Department or release under supervision by the Texas Juvenile Justice Department.(b)  At each permanency hearing under this chapter, the court shall review the placement of each child in the temporary managing conservatorship of the department who is not placed with a relative caregiver or designated caregiver as defined by Section 264.751.  The court shall include in its findings a statement whether the department:(1)  asked the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child; and(2)  placed the child with a relative or designated caregiver.(c)  At each permanency hearing before the final order, the court shall review the placement of each child in the temporary managing conservatorship of the department who has not been returned to the child's home.  At the end of the hearing, the court shall order the department to return the child to the child's parent or parents unless the court finds, with respect to each parent, that:(1)  there is a continuing danger to the physical health or safety of the child; and(2)  returning the child to the child's parent or parents is contrary to the welfare of the child.(d)  This section does not prohibit the court from rendering an order under Section 263.403.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 109, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 5, eff. May 23, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.171, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 23, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 8, eff. June 14, 2019.Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 8, eff. September 1, 2021.|
TX Fam Code § 263.0025 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 263 - Review of Placement of Children Under Care of Department of Family and Protective Services|Subchapter A. General Provisions|Section 263.0025. Special Education Decision-Making for Children in Foster Care

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 district's special education program.(a-1)  A foster parent for a child may act as a parent for the child, as authorized under 20 U.S.C. Section 1415(b), if:(1)  the rights and duties of the department to make decisions regarding the child's education under Section 153.371 have not been limited by court order; and(2)  the foster parent agrees to the requirements of Sections 29.015(a)(3) and (b), Education Code.(a-2)  Sections 29.015(b-1), (c), and (d), Education Code, apply to a foster parent who acts or desires to act as a parent for a child for the purpose of making special education decisions.(b)  To ensure the educational rights of a child are protected in the special education process, the court may appoint a surrogate parent for the child if:(1)  the child's school district is unable to identify or locate a parent for the child; or(2)  the foster parent of the child is unwilling or unable to serve as a parent for the purposes of this subchapter.(c)  Except as provided by Subsection (d), the court may appoint a person to serve as a child's surrogate parent if the person:(1)  is willing to serve in that capacity; and(2)  meets the requirements of 20 U.S.C. Section 1415(b).(d)  The following persons may not be appointed as a surrogate parent for the child:(1)  an employee of the department;(2)  an employee of the Texas Education Agency;(3)  an employee of a school or school district; or(4)  an employee of any other agency that is involved in the education or care of the child.(e)  The court may appoint a child's guardian ad litem or court-certified volunteer advocate, as provided by Section 107.031(c), as the child's surrogate parent.(f)  In appointing a person to serve as the surrogate parent for a child, the court may consider the person's ability to meet the qualifications listed under Sections 29.0151(d)(2)-(8), Education Code.(g)  If the court prescribes training for a person who is appointed as the surrogate parent for a child, the training program must comply with the minimum standards for training established by rule by the Texas Education Agency.|Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 3, eff. September 1, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 4, eff. September 1, 2017.|