TX Fam Code § 263.107 (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 B. Service Plan and Visitation Plan|Section 263.107. Visitation Plan

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 is named temporary managing conservator of a child, the department in collaboration with each parent of the child shall develop a visitation plan.(c)  In determining the frequency and circumstances of visitation under this section, the department must consider:(1)  the safety and best interest of the child;(2)  the age of the child;(3)  the desires of each parent regarding visitation with the child;(4)  the location of each parent and the child; and(5)  the resources available to the department, including the resources to:(A)  ensure that visitation is properly supervised by a department employee or an available and willing volunteer the department determines suitable after conducting a background and criminal history check; and(B)  provide transportation to and from visits.(d)  Not later than the 10th day before the date of a status hearing under Section 263.201, the department shall file with the court a copy of the visitation plan developed under this section.(e)  The department may amend the visitation plan on mutual agreement of the child's parents and the department or as the department considers necessary to ensure the safety of the child.  An amendment to the visitation plan must be in the child's best interest.  The department shall file a copy of any amended visitation plan with the court.(f)  A visitation plan developed under this section may not conflict with a court order relating to possession of or access to the child.|Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013.|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 factors specified in Section 263.107(c).(b)  The court may modify, or order the department to modify, an original or amended visitation plan at any time.(c)  A parent who is entitled to visitation under a visitation plan may at any time file a motion with the court to request review and modification of an original or amended visitation plan.|Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013.|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 child and a parent is not in the child's best interest, the court shall render an order that:(1)  states the reasons for finding that visitation is not in the child's best interest; and(2)  outlines specific steps the parent must take to be allowed to have visitation with the child.(c)  If the order regarding visitation between a child and a parent requires supervised visitation to protect the health and safety of the child, the order must outline specific steps the parent must take to have the level of supervision reduced.|Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013.|