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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.011. Local Accounts

Sec. 264.011.  LOCAL ACCOUNTS.  (a)  The department may establish and maintain local bank or savings accounts for a child who is under the managing conservatorship of the department as necessary to administer funds received in trust for or on behalf of the child.
(b)  Funds maintained in an account under this section may be used by the department to support the child, including for the payment of foster care expenses, or may be paid to a person providing care for the child.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1, 1997.
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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.0111. Money Earned by Child

Sec. 264.0111.  MONEY EARNED BY CHILD.  (a)  A child for whom the department has been appointed managing conservator and who has been placed by the department in a residential child-care facility as defined by Chapter 42, Human Resources Code, is entitled to keep any money earned by the child during the time of the child's placement.
(b)  The child may deposit the money earned by the child in a bank or savings account subject to the sole management and control of the child as provided by Section 34.305, Finance Code.  The child is the sole and absolute owner of the deposit account.
(c)  If a child earns money as described by this section and is returned to the child's parent or guardian, the child's parent or guardian may not interfere with the child's authority to control, transfer, draft on, or make a withdrawal from the account.
(d)  In this section, a reference to money earned by a child includes any interest that accrues on the money.
(e)  The executive commissioner may adopt rules to implement this section.
Added by Acts 2001, 77th Leg., ch. 964, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.186, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 32, 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.0121. Notice to Legislators of Foster Child's Death

Sec. 264.0121.  NOTICE TO LEGISLATORS OF FOSTER CHILD'S DEATH.  Not later than the fifth day after the date the department is notified of the death of a child for whom the department has been appointed managing conservator, the department shall provide the information described by Section 261.203(a) for the child to the state senators and state representatives who represent:
(1)  the county in which the child's placement at the time of the child's death was located; and
(2)  the county in which a suit affecting the parent-child relationship involving the child is pending.
Added by Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 2, eff. June 17, 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.013. Exchange of Information With Other States

Sec. 264.013.  EXCHANGE OF INFORMATION WITH OTHER STATES.  Subject to the availability of funds, the department shall enter into agreements with other states to allow for the exchange of information relating to a child for whom the department is or was the managing conservator.  The information may include the child's health passport and education passport.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.44, eff. September 1, 2005.
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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.0145. Release of Case Record

Sec. 264.0145.  RELEASE OF CASE RECORD.  (a)  In this section, "case record" means those files, reports, records, communications, audio recordings, video recordings, or working papers under the custody and control of the department that are collected, developed, or used:
(1)  in a child abuse or neglect investigation; or
(2)  in providing services as a result of an investigation, including substitute care services for a child.
(b)  The executive commissioner by rule shall establish guidelines that prioritize requests to release case records, including those made by an adult previously in the department's managing conservatorship.
(c)  The department is not required to release a copy of the case record except as provided by law and department rule.
Added by Acts 2011, 82nd Leg., R.S., Ch. 568 (H.B. 3234), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1069 (H.B. 3259), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.187, 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.015. Training

Sec. 264.015.  TRAINING.  (a)  The department shall include training in trauma-informed programs and services in any training the department provides to foster parents, adoptive parents, kinship caregivers, department caseworkers, and department supervisors.  The department shall pay for the training provided under this subsection with gifts, donations, and grants and any federal money available through the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351).  The department shall annually evaluate the effectiveness of the training provided under this subsection to ensure progress toward a trauma-informed system of care.
(b)  The department shall require department caseworkers and department supervisors to complete an annual refresher training course in trauma-informed programs and services.
(c)  To the extent that resources are available, the department shall assist the following entities in developing training in trauma-informed programs and services and in locating money and other resources to assist the entities in providing trauma-informed programs and services:
(1)  court-appointed special advocate programs;
(2)  children's advocacy centers;
(3)  local community mental health centers created under Section 534.001, Health and Safety Code; and
(4)  domestic violence shelters.
(d)  Each foster parent, prospective adoptive parent, and relative or other designated caregiver who provide care for children and youth in the conservatorship of the department who are 10 years of age or older shall complete a training program on:
(1)  runaway prevention measures; and
(2)  proper procedures in the event a child or youth runs away from the provider.
(e)  The training under Subsection (d) may be:
(1)  offered to providers who provide care for children in the conservatorship of the department who are younger than 10 years of age who have a history of running away;
(2)  included as part of existing licensing training provided by the department or contracted residential child-care providers; and
(3)  offered in lieu of required training that is not relevant based on the age of the children for whom the person will be providing care.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 371 (S.B. 219), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 875 (H.B. 4233), 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.019. Collection and Reporting of Alcohol and Controlled Substance Statistics

Sec. 264.019.  COLLECTION AND REPORTING OF ALCOHOL AND CONTROLLED SUBSTANCE STATISTICS.  (a)  The department shall collect the following information and update the department's automated case tracking and information management system to allow caseworkers to record:
(1)  the number of children reported to the department who at birth tested positive for the presence of alcohol or a controlled substance;
(2)  the controlled substances for which the children described by Subdivision (1) tested positive;
(3)  the number of children described by Subdivision (1) who were removed from their homes and have been diagnosed as having a disability or chronic medical condition resulting from the presence of alcohol or controlled substances; and
(4)  the number of parents who test positive for the presence of a controlled substance during a department investigation of a report of abuse or neglect of the parent's child.
Text of subsection effective until April 01, 2025
(b)  Not later than November 1 of each year, the department shall:
(1)  prepare for the preceding year a report containing:
(A)  the information collected under Subsection (a); and
(B)  the data collected under Section 531.02143, Government Code;
(2)  post a copy of the report prepared under Subdivision (1) on the department's Internet website; and
(3)  electronically submit to the legislature a copy of the report.
Text of subsection effective on April 01, 2025
(b)  Not later than November 1 of each year, the department shall:
(1)  prepare for the preceding year a report containing:
(A)  the information collected under Subsection (a); and
(B)  the data collected under Section 532.0204, Government Code;
(2)  post a copy of the report prepared under Subdivision (1) on the department's Internet website; and
(3)  electronically submit to the legislature a copy of the report.
(c)  The commissioner of the department shall adopt rules necessary to implement this section.
(d)  The department is required to implement this section in a state fiscal biennium only if the commissioner of the department determines that the legislature has specifically appropriated an amount sufficient to update the department's automated case tracking and information management system.  If the commissioner of the department does not make that determination, the department shall implement this section not later than the date of the department's next update of the automated case tracking and information management system.
Added by Acts 2019, 86th Leg., R.S., Ch. 417 (S.B. 195), Sec. 2, eff. January 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.09, eff. April 1, 2025.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1015. Liability of Child's Estate for Foster Care

Sec. 264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.  (a)  The cost of foster care provided for a child, including medical care, is an obligation of the estate of the child and the estate is liable to the department for the cost of the care.
(b)  The department may take action to recover from the estate of the child the cost of foster care for the child.
Added by Acts 1997, 75th Leg., ch. 575, Sec. 28, eff. Sept. 1, 1997.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.102. County Contracts

Sec. 264.102.  COUNTY CONTRACTS.  (a)  The department may contract with a county commissioners court to administer the funds authorized by this subchapter for eligible children in the county and may require county participation.
(b)  The payments provided by this subchapter do not abrogate the responsibility of a county to provide child welfare services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.103. Direct Payments

Sec. 264.103.  DIRECT PAYMENTS.  The department may make direct payments for foster care to a foster parent residing in a county with which the department does not have a contract authorized by Section 264.102.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.104. Parent or Guardian Liability

Sec. 264.104.  PARENT OR GUARDIAN LIABILITY.  (a)  The parent or guardian of a child is liable to the state or to the county for a payment made by the state or county for foster care of a child under this subchapter.
(b)  The cost of foster care for a child, including medical care, is a legal obligation of the child's parents, and the estate of a parent of the child is liable to the department for payment of the costs.
(c)  The funds collected by the state under this section shall be used by the department for child welfare services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 29, eff. Sept. 1, 1997.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1061. Foster Parent Performance

Sec. 264.1061.  FOSTER PARENT PERFORMANCE.  The department shall monitor the performance of a foster parent who has been verified by the department in the department's capacity as a child-placing agency.  The method under which performance is monitored must include the use of objective criteria by which the foster parent's performance may be assessed.  The department shall include references to the criteria in a written agreement between the department and the foster parent concerning the foster parent's services.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 92, eff. Sept. 1, 1997.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.107. Placement of Children

Sec. 264.107.  PLACEMENT OF CHILDREN.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.
(b)  The department shall use an application or assessment developed by the department in coordination with interested parties for the placement of children in contract residential care.
(c)  In selecting a placement for a child, the department shall consider whether the placement is in the child's best interest.  In determining whether a placement is in a child's best interest, the department shall consider whether the placement:
(1)  is the least restrictive setting for the child;
(2)  is the closest in geographic proximity to the child's home;
(3)  is the most able to meet the identified needs of the child; and
(4)  satisfies any expressed interests of the child relating to placement, when developmentally appropriate.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.
(e)  In making placement decisions, the department shall:
(1)  except when making an emergency placement that does not allow time for the required consultations, consult with the child's caseworker, attorney ad litem, and guardian ad litem and with any court-appointed volunteer advocate for the child; and
(2)  use clinical protocols to match a child to the most appropriate placement resource.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff. April 2, 2015.
(g)  If the department or single source continuum contractor is unable to find an appropriate placement for a child, an employee of the department or contractor who has on file with the department or contractor, as applicable, a background and criminal history check may provide temporary emergency care for the child. The employee may not provide emergency care under this subsection in the employee's residence.  The department or contractor shall provide notice to the court for a child placed in temporary care under this subsection not later than the next business day after the date the child is placed in temporary care.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.48, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 14, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 193 (S.B. 425), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.189, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(11), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 50, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(25), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 4, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 2, eff. June 14, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1071. Office Stays Prohibited

Sec. 264.1071.  OFFICE STAYS PROHIBITED.  The department may not allow a child to stay overnight in a department office.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1072. Educational Stability

Sec. 264.1072.  EDUCATIONAL STABILITY.  The department shall develop, in accordance with 42 U.S.C. Section 675, a plan to ensure the educational stability of a foster child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 7, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1073. Treatment Foster Care

Sec. 264.1073.  TREATMENT FOSTER CARE.  The department and single source continuum contractors shall:
(1)  lessen employment restrictions to allow single parents to participate in treatment foster care, when quality care is assured;
(2)  expand the eligible age for treatment foster care to include children 10 years of age or older;
(3)  prepare and plan for the subsequent placement not later than the 30th day after a child is placed in treatment foster care to assist in the transition to the least restrictive placement; and
(4)  extend the length of time for a treatment foster care placement.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1075. Assessing Needs of Child

Sec. 264.1075.  ASSESSING NEEDS OF CHILD.  (a)  On removing a child from the child's home, the department shall use assessment services provided by a child-care facility, a child-placing agency, or the child's medical home during the initial substitute care placement.  The assessment may be used to determine the most appropriate substitute care placement for the child, if needed.
(b)  As soon as possible after a child is placed in the managing conservatorship of the department, the department shall assess whether the child has a developmental or intellectual disability.
(c)  If the assessment required by Subsection (b) indicates that the child might have an intellectual disability, the department shall ensure that a referral for a determination of intellectual disability is made as soon as possible and that the determination is conducted by an authorized provider before the date of the child's 16th birthday, if practicable.  If the child is placed in the managing conservatorship of the department after the child's 16th birthday, the determination of intellectual disability must be conducted as soon as possible after the assessment required by Subsection (b).  In this subsection, "authorized provider" has the meaning assigned by Section 593.004, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 93, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.49, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.190, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 51, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 3, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1078. Luggage for Foster Children

Sec. 264.1078.  LUGGAGE FOR FOSTER CHILDREN.  (a) In this section, "luggage" means a suitcase, duffel bag, backpack, or similar container designed to hold an individual's personal belongings.
(b)  The department shall:
(1)  establish and maintain a decentralized supply of luggage to be used to transport a foster child's personal belongings; and
(2)  develop procedures for the storage and distribution of luggage.
(c)  The department shall provide luggage to a child who is being removed from the child's home or changing placement.  Luggage provided to a child under this subsection belongs to the child and may not be reclaimed by the department or retained by the child's foster parent. The department is not required to provide new luggage under this subsection to a child who is changing placement and has the luggage previously provided by the department.
(d)  The department shall maintain a record of each time a trash bag is used to move a foster child's personal belongings. The record must include the reason the department did not provide the child with appropriate luggage to move the child's personal belongings.
(e)  The department shall submit an annual report to the legislature that includes a summary of:
(1)  the number of times a trash bag was used to transport a foster child's personal belongings and the reasons the department failed to provide the child with appropriate luggage; and
(2)  the department's supply inventory and inventory management practices for the luggage supply maintained under Subsection (b).
(e-1)  This subsection and Subsection (e) expire September 1, 2025.
(f)  The department may solicit and accept gifts, grants, and donations of any kind and from any source for purposes of this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 540 (H.B. 3765), Sec. 2, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1085. Foster Care Placement in Compliance With Federal Law Required

Sec. 264.1085.  FOSTER CARE PLACEMENT IN COMPLIANCE WITH FEDERAL LAW REQUIRED.  The department or a licensed child-placing agency making a foster care placement shall comply with the Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b).
Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 52, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.109. Assignment of Support Rights in Substitute Care Cases

Sec. 264.109.  ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE CASES.  (a)  The placement of a child in substitute care by the department constitutes an assignment to the state of any support rights attributable to the child as of the date the child is placed in substitute care.
(b)  If a child placed by the department in substitute care is entitled under federal law to Title IV-D child support enforcement services without the requirement of an application for services, the department shall immediately refer the case to the Title IV-D agency.  If an application for Title IV-D services is required and the department has been named managing conservator of the child, then an authorized representative of the department shall be the designated individual entitled to apply for services on behalf of the child and shall promptly apply for the services.
(c)  The department and the Title IV-D agency shall execute a memorandum of understanding for the implementation of the provisions of this section and for the allocation between the department and the agency, consistent with federal laws and regulations, of any child support funds recovered by the Title IV-D agency in substitute care cases.  All child support funds recovered under this section and retained by the department or the Title IV-D agency and any federal matching or incentive funds resulting from child support collection efforts in substitute care cases shall be in excess of amounts otherwise appropriated to either the department or the Title IV-D agency by the legislature.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 117, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.110. Prospective Foster or Adoptive Parent Statement

Sec. 264.110.  PROSPECTIVE FOSTER OR ADOPTIVE PARENT STATEMENT.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(d)  Before a child may be placed with a foster or adoptive parent, the prospective foster or adoptive parent must sign a written statement in which the prospective foster or adoptive parent agrees to the immediate removal of the child by the department under circumstances determined by the department.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
(h)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.
Added by Acts 1995, 74th Leg., ch. 943, Sec. 8, eff. Sept. 1, 1995.  Renumbered from Family Code Sec. 264.109 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(30), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.192, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 53, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 54, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(28), 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.112. Report on Children in Substitute Care

Sec. 264.112.  REPORT ON CHILDREN IN SUBSTITUTE CARE.  (a)  The department shall report the status for children in substitute care to the executive commissioner at least once every 12 months.
(b)  The report shall analyze the length of time each child has been in substitute care and the barriers to placing the child for adoption or returning the child to the child's parent or parents.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.193, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.113. Foster Parent Recruitment

Sec. 264.113.  FOSTER PARENT RECRUITMENT.  (a)  In this section, "faith-based organization" means a religious or denominational institution or organization, including an organization operated for religious, educational, or charitable purposes and operated, supervised, or controlled, in whole or in part, by or in connection with a religious organization.
(b)  The department shall develop a program to recruit and retain foster parents from faith-based organizations.  As part of the program, the department shall:
(1)  collaborate with faith-based organizations to inform prospective foster parents about the department's need for foster parents, the requirements for becoming a foster parent, and any other aspect of the foster care program that is necessary to recruit foster parents;
(2)  provide training for prospective foster parents recruited under this section;  and
(3)  identify and recommend ways in which faith-based organizations may support persons as they are recruited, are trained, and serve as foster parents.
(c)  The department shall work with OneStar Foundation to expand the program described by Subsection (b) to increase the number of foster families available for the department and its private providers.  In cooperation with the department, OneStar Foundation may provide training and technical assistance to establish networks and services in faith-based organizations based on best practices for supporting prospective and current foster families.
(d)  The department shall work with the Department of Assistive and Rehabilitative Services to recruit foster parents and adoptive parents who have skills, training, or experience suitable to care for children with hearing impairments.
Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 16, eff. September 1, 2007.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.114. Immunity From Liability; Adverse Departmental Action Prohibited

Sec. 264.114.  IMMUNITY FROM LIABILITY; ADVERSE DEPARTMENTAL ACTION PROHIBITED.  (a)  A faith-based organization, including the organization's employees and volunteers, that participates in a program under this chapter is subject to civil liability as provided by Chapter 84, Civil Practice and Remedies Code.
(b)  A faith-based organization that provides financial or other assistance to a foster parent or to a member of the foster parent's household is not liable for damages arising out of the conduct of the foster parent or a member of the foster parent's household.
(c)  A foster parent, other substitute caregiver, family relative or other designated caregiver, or licensed child placing agency caring for a child in the managing conservatorship of the department is not liable for harm caused to the child resulting from the child's participation in an age-appropriate normalcy activity approved by the caregiver if, in approving the child's participation in the activity, the caregiver exercised the standard of care of a reasonable and prudent parent.
(d)  A licensed child placing agency is not subject to adverse action by the department, including contractual action or licensing or other regulatory action, arising out of the conduct of a foster parent who has exercised the standard of care of a reasonable and prudent parent.
Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 6, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.115. Returning Child to School

Sec. 264.115.  RETURNING CHILD TO SCHOOL.  (a)  If the department takes possession of a child under Chapter 262 during the school year, the department shall ensure that the child returns to school not later than the third school day after the date an order is rendered providing for possession of the child by the department, unless the child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible.
(b)  If a child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance in school infeasible, the department shall notify the school in writing that the child is unable to attend school.  If the child's physical or mental condition improves so that the child's attendance in school is feasible, the department shall ensure that the child immediately returns to school.
Added by Acts 2003, 78th Leg., ch. 234, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Family Code, Section 264.113 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(25), eff. September 1, 2005.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.116. Texas Foster Grandparent Mentors

Sec. 264.116.  TEXAS FOSTER GRANDPARENT MENTORS.  (a)  The department shall make the active recruitment and inclusion of senior citizens a priority in ongoing mentoring initiatives.
(b)  An individual who volunteers as a mentor is subject to state and national criminal background checks in accordance with Sections 411.087 and 411.114, Government Code.
(c)  The department shall require foster parents or employees of residential child-care facilities to provide appropriate supervision over individuals who serve as mentors during their participation in the mentoring initiative.
(d)  Chapter 2109, Government Code, applies to the mentoring initiative described by this section.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.118. Annual Survey

Sec. 264.118.  ANNUAL SURVEY.
(a)  The department shall collect and report service and outcome information for certain current and former foster care youth for use in the National Youth in Transition Database as required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 et seq.
(b)  The identity of each child participating in a department survey is confidential and not subject to public disclosure under Chapter 552, Government Code.  The department shall adopt procedures to ensure that the identity of each child participating in a department survey remains confidential.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 7, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.120. Discharge Notice

Sec. 264.120.  DISCHARGE NOTICE.  (a)  Except as provided by Subsection (b), a substitute care provider with whom the department contracts to provide substitute care services for a child shall include in a discharge notice the following information:
(1)  the reason for the child's discharge; and
(2)  the provider's recommendation regarding a future placement for the child that would increase the child's opportunity to attain a stable placement.
(b)  In an emergency situation in which the department is required under the terms of the contract with the substitute care provider to remove a child within 24 hours after receiving the discharge notice, the provider must provide the information required by Subsection (a) to the department not later than 48 hours after the provider sends the discharge notice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 4, 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1211. Career Development and Education Program

Sec. 264.1211.  CAREER DEVELOPMENT AND EDUCATION PROGRAM.  (a)  The department shall collaborate with local workforce development boards, foster care transition centers, community and technical colleges, schools, and any other appropriate workforce industry resources to create a program that:
(1)  assists foster care youth and former foster care youth in obtaining:
(A)  a high school diploma or a high school equivalency certificate; and
(B)  industry certifications that are necessary for occupations that are in high demand;
(2)  provides career guidance to foster care youth and former foster care youth; and
(3)  informs foster care youth and former foster care youth about the tuition and fee waivers for institutions of higher education that are available under Section 54.366, Education Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 3, eff. June 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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1212. Facilitation of Transition to Institution of Higher Education

Sec. 264.1212.  FACILITATION OF TRANSITION TO INSTITUTION OF HIGHER EDUCATION.
Text of subsection effective until April 01, 2025
(a)  In this section, "community resource coordination group" means a coordination group established under a memorandum of understanding under Section 531.055, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section, "community resource coordination group" means a coordination group established under a memorandum of understanding under Subchapter D, Chapter 522, Government Code.
(b)  A department employee who is a member of a community resource coordination group shall inform the group about the tuition and fee waivers for institutions of higher education that are available to eligible children in foster care under Section 54.366, Education Code.
(c)  Each school district, in coordination with the department, shall facilitate the transition of each child enrolled in the district who is eligible for a tuition and fee waiver under Section 54.366, Education Code, and who is likely to be in the conservatorship of the department on the day preceding the child's 18th birthday to an institution of higher education by:
(1)  assisting the child with the completion of any applications for admission or for financial aid;
(2)  arranging and accompanying the child on campus visits;
(3)  assisting the child in researching and applying for private or institution-sponsored scholarships;
(4)  identifying whether the child is a candidate for appointment to a military academy;
(5)  assisting the child in registering and preparing for college entrance examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by the department; and
(6)  coordinating contact between the child and a liaison officer designated under Section 61.0908, Education Code, for students who were formerly in the department's conservatorship.
Added by Acts 2017, 85th Leg., R.S., Ch. 333 (H.B. 928), Sec. 1, eff. June 1, 2017.
Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(16), eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.10, eff. April 1, 2025.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1213. Records and Documents for Children Aging Out of Foster Care

Sec. 264.1213.  RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT OF FOSTER CARE.  The department in cooperation with volunteer advocates from a charitable organization described by Subchapter C, Chapter 107, and the Department of Public Safety shall develop procedures to ensure that a foster child obtains a driver's license or personal identification card before the child leaves the conservatorship of the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1076 (H.B. 3338), Sec. 1, eff. June 15, 2017.
Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(17), eff. September 1, 2019.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.1214. Housing for Homeless Youth Aging Out of Foster Care

Sec. 264.1214.  HOUSING FOR HOMELESS YOUTH AGING OUT OF FOSTER CARE.  (a)  For a youth who will voluntarily enter extended foster care on the youth's 18th birthday, the youth's caseworker shall, not later than six months before the youth's 18th birthday, complete any necessary transitional living or supervised independent living paperwork to ensure the youth has housing on the date the youth enters extended foster care.  Not later than the 90th day before the youth's 18th birthday, the caseworker shall review the qualifications and requirements for the youth's housing.
(b)  If a youth intends to continue living with the youth's substitute care provider after the youth's 18th birthday, the department shall waive any background check otherwise required for the youth to remain living with the substitute care provider.
(c)  For a youth who continues living with the youth's substitute care provider after the youth's 18th birthday, the youth may share a bedroom with another youth who is 16 years of age or older provided the age difference between the youths does not exceed two years.
(d)  A substitute care provider who prohibits a youth from living in the facility after the youth's 18th birthday shall notify the youth's caseworker of that fact:
(1)  not later than:
(A)  the 90th day before the youth's 18th birthday if the facility is a foster home; or
(B)  six months before the youth's 18th birthday if the facility is a cottage family home or general residential operation; or
(2)  as soon as possible if the youth is placed in a foster home, cottage family home, or general residential operation less than six months before the youth's 18th birthday.
(e)  After receiving notice under Subsection (d), the youth's caseworker shall verbally communicate with the youth about the youth's living arrangements and document the substance of the communication in the youth's case file.
(f)  The department shall assist a youth living in a supervised independent living program arrangement to develop a rental history by allowing the youth to cosign the lease for the youth's housing provided the property owner does not object.
(g)  The department by rule shall establish a protocol that may be implemented for a youth to prevent the youth from aging out of a residential treatment center.  The protocol, if implemented, must be implemented not later than the youth's 17th birthday or at the time the youth is placed in a residential treatment center after the youth's 17th birthday.
Added by Acts 2021, 87th Leg., R.S., Ch. 793 (H.B. 700), Sec. 2, eff. September 1, 2021.
For expiration of this section, see Subsection (i).
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.122. Court Approval Required for Travel Outside United States by Child in Foster Care

Sec. 264.122.  COURT APPROVAL REQUIRED FOR TRAVEL OUTSIDE UNITED STATES BY CHILD IN FOSTER CARE.  (a)  A child for whom the department has been appointed managing conservator and who has been placed in foster care may travel outside of the United States only if the person with whom the child has been placed has petitioned the court for, and the court has rendered an order granting, approval for the child to travel outside of the United States.
(b)  The court shall provide notice to the department and to any other person entitled to notice in the suit if the court renders an order granting approval for the child to travel outside of the United States under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 18, eff. September 1, 2007.
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 264 - Child Welfare Services › Subchapter B. Foster Care › Section 264.124. Day Care for Foster Child

Sec. 264.124.  DAY CARE FOR FOSTER CHILD.  (a)  In this section, "day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than the child's foster parent for less than 24 hours a day, but at least two hours a day, three or more days a week.
(b)  The department, in accordance with department rules, shall implement a process to verify that each foster parent who is seeking monetary assistance from the department for day care for a foster child has attempted to find appropriate day-care services for the foster child through community services, including Head Start programs, prekindergarten classes, and early education programs offered in public schools.  The department shall specify the documentation the foster parent must provide to the department to demonstrate compliance with the requirements established under this subsection.
(c)  Except as provided by Subsection (d), the department may not provide monetary assistance to a foster parent for day care for a foster child unless the department receives the verification required under Subsection (b).
(d)  The department may provide monetary assistance to a foster parent for a foster child without the verification required under Subsection (b) if the department determines the verification would prevent an emergency placement that is in the child's best interest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 423 (S.B. 430), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.195, eff. April 2, 2015.