reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 263.003. Information Relating to Placement of Child

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) that has not been filed with the court.
(b)  The department is not required to file the documents required by Subsection (a) if the child is in an adoptive placement or another placement that is intended to be permanent.
Added by Acts 2009, 81st Leg., R.S., Ch. 856 (S.B. 2385), Sec. 3, eff. September 1, 2009.
2023 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 263.004. Notice to Court Regarding Education Decision-Making

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 and contact information for each person who has been:
(1)  designated by the department to make educational decisions on behalf of the child; and
(2)  assigned to serve as the child's surrogate parent in accordance with 20 U.S.C. Section 1415(b) and Section 29.001(10), Education Code, for purposes of decision-making regarding special education services, if applicable.
(b)  Not later than the fifth day after the date an adversary hearing under Section 262.201 or 262.205 is concluded, the information required by Subsection (a) shall be filed with the court and a copy shall be provided to  the school the child attends.
(c)  If a person other than a person identified under Subsection (a) is designated to make educational decisions or assigned to serve as a surrogate parent, the department shall include the updated information in a permanency progress report filed under Section 263.303 or 263.502.  The updated information must be provided to the school the child attends not later than the fifth day after the date of designation or assignment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 29, eff. September 1, 2015.
2023 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 263.0045. Education in Home Setting for Foster Children

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 unless:
(1)  the right of the department to allow the education of the child in a home setting has been specifically limited by court order;
(2)  a court at a hearing conducted under this chapter finds, on good cause shown through evidence presented by the department in accordance with the applicable provisions in the department's child protective services handbook (CPS August 2013), that education in the home setting is not in the best interest of the child; or
(3)  the department determines that federal law requires another school setting.
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 27, eff. September 1, 2015.
2023 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 263.005. Enforcement of Family Service Plan

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.
2023 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 263.006. Warning to Parents

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 court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 6, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 2, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 80, eff. Jan. 1, 1998.
2023 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 263.0061. Notice to Parents of Right to Counsel

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 court shall inform each parent not represented by an attorney of:
(1)  the right to be represented by an attorney; and
(2)  if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney.
(b)  If a parent claims indigence and requests the appointment of an attorney in a proceeding described by Subsection (a), the court shall require the parent to complete and file with the court an affidavit of indigence.  The court may hear evidence to determine whether the parent is indigent.  If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 10, eff. September 1, 2013.
2023 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 263.007. Report Regarding Notification of Relatives

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 information to the individuals described by Section 262.1095;
(2)  the name of each individual the department identified, located, or provided with information; and
(3)  if applicable, an explanation of why the department was unable to identify, locate, or provide information to an individual described by Section 262.1095.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 3, eff. September 1, 2011.
2023 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 263.009. Permanency Planning Meetings

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 designed to allow the child to exit the managing conservatorship of the department safely and as soon as possible and be placed with an appropriate adult caregiver who will permanently assume legal responsibility for the child.
(b)  At each permanency planning meeting, the department shall:
(1)  identify any barriers to achieving a timely permanent placement for the child;
(2)  develop strategies and determine actions that will increase the probability of achieving a timely permanent placement for the child; and
(3)  use the family group decision-making model whenever possible.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 30, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(15), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 11, eff. September 1, 2017.
2023 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 263.101. Department to File Service Plan

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 file a service plan.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 24, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 43, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.173, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 31, eff. September 1, 2015.
2023 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 263.1021. Selection and Reimbursement of Service Provider

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 Subsection (a):
(1)  must be designed to achieve the stated goals of the service plan; and
(2)  may be provided through an electronic communication platform.
(c)  A service provider selected by a parent shall certify in writing whether the parent has satisfactorily completed the required service.
(d)  The department shall reimburse a service provider selected by the parent under Subsection (a) who is not under contract with the department in an amount equal to the average cost for the specific service from department contractors providing the service in the region where the parent resides.
(e)  The department shall:
(1)  adopt rules relating to the manner in which providers are reimbursed for services provided under this section; and
(2)  implement this section using existing resources.
Added by Acts 2023, 88th Leg., R.S., Ch. 124 (H.B. 793), Sec. 1, eff. September 1, 2023.
2023 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 263.103. Original Service Plan: Signing and Taking Effect

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 a parent is not able or willing to participate in the development of the service plan, it should be so noted in the plan.
(a-1)  Before the original service plan is signed, the child's parents and the representative of the department shall discuss each term and condition of the plan.
(b)  The child's parents and the person preparing the original service plan shall sign the plan, and the department shall give each parent a copy of the service plan.
(c)  If the department determines that the child's parents are unable or unwilling to participate in the development of the original service plan or sign the plan, the department may file the plan without the parents' signatures.
(d)  The original service plan takes effect when:
(1)  the child's parents and the appropriate representative of the department sign the plan; or
(2)  the court issues an order giving effect to the plan without the parents' signatures.
(e)  The original service plan is in effect until amended by the court or as provided under Section 263.104.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.175, eff. April 2, 2015.
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 process.
(b)  The amended service plan supersedes the previously filed service plan and takes effect when:
(1)  the child's parents and the appropriate representative of the department sign the plan; or
(2)  the department determines that the child's parents are unable or unwilling to sign the amended plan and files it without the parents' signatures.
(c)  A parent may file a motion with the court at any time to request a review and modification of the amended service plan.
(d)  An amended service plan remains in effect until:
(1)  superseded by a later-amended service plan that goes into effect as provided by Subsection (b); or
(2)  modified by the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.176, eff. April 2, 2015.
2023 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 263.105. Review of Service Plan; Modification

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 service plan at any time.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 25, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 44, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 5, eff. September 1, 2011.
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 render additional appropriate orders to implement or require compliance with an original or amended service plan.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 6, eff. September 1, 2011.
2023 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 C. Status Hearing › Section 263.201. Status Hearing; Time

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 developed for the child.
(b)  A status hearing is not required if the court holds an initial permanency hearing under Section 262.2015 and makes findings required by Section 263.202 before the date a status hearing is required by this section.
(c)  The court shall require each parent, alleged father, or relative of the child before the court to submit the proposed child placement resources form provided under Section 261.307 at the status hearing, if the form has not previously been submitted.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 600, Sec. 8, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 3, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 81, eff. Jan. 1, 1998;  Acts 1999, 76th Leg., ch. 1150, Sec. 26, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 45, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.37(a), eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 6, eff. September 1, 2011.
2023 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 C. Status Hearing › Section 263.203. Appointment of Attorney Ad Litem; Admonishments

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 of any person eligible if the appointment is required by that subchapter.
(b)  The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the plan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 8, eff. September 1, 2011.
2023 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 D. Permanency Hearings › Section 263.302. Child's Attendance at Hearing

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 videoconference. The court shall consult with the child in a developmentally appropriate manner regarding the child's permanency plan, if the child is four years of age or older and if the court determines it is in the best interest of the child.  Failure by the child to attend a hearing does not affect the validity of an order rendered at the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 600, Sec. 11, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 6, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 84, eff. Jan. 1, 1998.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1304 (S.B. 759), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 6, eff. May 23, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 85, eff. September 1, 2015.
2023 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 D. Permanency Hearings › Section 263.3025. Permanency Plan

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 later than the 10th day before the date of the child's first permanency hearing.
(b)  In addition to the requirements of the department rules governing permanency planning, the permanency plan must contain the information required to be included in a permanency progress report under Section 263.303.
(c)  The department shall modify the permanency plan for a child as required by the circumstances and needs of the child.
(d)  In accordance with department rules, a child's permanency plan must include concurrent permanency goals consisting of a primary permanency goal and at least one alternate permanency goal.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 12, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 7, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 85, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 809, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 4, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 33, eff. September 1, 2015.
2023 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 D. Permanency Hearings › Section 263.3026. Permanency Goals; Limitation

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 child by a relative or other suitable individual;
(3)  the award of permanent managing conservatorship of the child to a relative or other suitable individual; or
(4)  another planned, permanent living arrangement for the child.
(b)  If the goal of the department's permanency plan for a child is to find another planned, permanent living arrangement for the child, the department shall document that there is a compelling reason why the other permanency goals identified in Subsection (a) are not in the child's best interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 5, eff. June 19, 2009.
2023 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 D. Permanency Hearings › Section 263.303. Permanency Progress Report Before Final Order

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 child's guardian ad litem, and the child's volunteer advocate a permanency progress report unless the court orders a different period for providing the report.
(b)  The permanency progress report must contain:
(1)  information necessary for the court to conduct the permanency hearing and make its findings and determinations under Section 263.306;
(2)  information on significant events, as defined by Section 264.018; and
(3)  any additional information the department determines is appropriate or that is requested by the court and relevant to the court's findings and determinations under Section 263.306.
(c)  A parent whose parental rights are the subject of a suit affecting the parent-child relationship, the attorney for that parent, or the child's attorney ad litem or guardian ad litem may file a response to the department's report filed under this section.  A response must be filed not later than the third day before the date of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 112, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 600, Sec. 13, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 8, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 86, eff. Jan. 1, 1998.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 24, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 7, eff. May 23, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 6, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.179, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 34, eff. September 1, 2015.
2023 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 D. Permanency Hearings › Section 263.304. Initial Permanency Hearing; Time

Sec. 263.304.  INITIAL PERMANENCY HEARING;  TIME.  (a)  Not later than the 180th 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 permanency hearing to review the status of, and permanency plan for, the child to ensure that a final order consistent with that permanency plan is rendered before the date for dismissal of the suit under this chapter.
(b)  The court shall set a final hearing under this chapter on a date that allows the court to render a final order before the date for dismissal of the suit under this chapter.  Any party to the suit or an attorney ad litem for the child may seek a writ of mandamus to compel the court to comply with the duties imposed by this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 113, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 600, Sec. 14, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 9, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 87, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 1090, Sec. 7, eff. Sept. 1, 2001.
2023 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 D. Permanency Hearings › Section 263.305. Subsequent Permanency Hearings

Sec. 263.305.  SUBSEQUENT PERMANENCY HEARINGS.  A subsequent permanency hearing before entry of a final order shall be held not later than the 120th day after the date of the last permanency hearing in the suit.  For good cause shown or on the court's own motion, the court may order more frequent hearings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 600, Sec. 15, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 603, Sec. 10, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 88, eff. Jan. 1, 1998.
2023 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 E. Final Order for Child Under Department Care › Section 263.4011. Rendering Final Order; Extension

Sec. 263.4011.  RENDERING FINAL ORDER; EXTENSION.  (a)  On timely commencement of the trial on the merits under Section 263.401, the court shall render a final order not later than the 90th day after the date the trial commences.
(b)  The 90-day period for rendering a final order under Subsection (a) is not tolled for any recess during the trial.
(c)  The court may extend the 90-day period under Subsection (a) for the period the court determines necessary if, after a hearing, the court finds good cause for the extension.  If the court grants a good cause extension under this subsection, the court shall render a written order specifying:
(1)  the grounds on which the extension is granted; and
(2)  the length of the extension.
(d)  A party may file a mandamus proceeding if the court fails to render a final order within the time required by this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 10, eff. September 1, 2021.
2023 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 E. Final Order for Child Under Department Care › Section 263.402. Limit on Extension

Sec. 263.402.  LIMIT ON EXTENSION.   The parties to a suit under this chapter may not extend the deadlines set by the court under this subchapter by agreement or otherwise.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 48, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 3, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 28, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 13, eff. September 1, 2017.