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 B. Taking Possession of Child › Section 262.114. Evaluation of Identified Relatives and Other Designated Individuals; Placement

Sec. 262.114.  EVALUATION OF IDENTIFIED RELATIVES AND OTHER DESIGNATED INDIVIDUALS; PLACEMENT.  (a)  Before a full adversary hearing under Subchapter C, the Department of Family and Protective Services must perform a background and criminal history check of the relatives or other designated individuals identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307, including any adult identified by the child.  The department shall evaluate each person listed on the form to determine the relative or other designated individual who would be the most appropriate substitute caregiver for the child and must complete a home study of the most appropriate substitute caregiver, if any, before the full adversary hearing. Until the department identifies a relative or other designated individual qualified to be a substitute caregiver, the department must continue to explore substitute caregiver options, including asking the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child.  The time frames in this subsection do not apply to a relative or other designated individual located in another state.
(a-1)  At the full adversary hearing under Section 262.201, the department shall, after redacting any social security numbers, file with the court:
(1)  a copy of each proposed child placement resources form completed by the parent or other person having legal custody of the child;
(2)  a copy of any completed home study performed under Subsection (a); and
(3)  the name of the relative or other designated caregiver, if any, with whom the child has been placed.
(a-2)  If the child has not been placed with a relative or other designated caregiver by the time of the full adversary hearing under Section 262.201, the department shall file with the court a statement that explains:
(1)  the reasons why the department has not placed the child with a relative or other designated caregiver listed on the proposed child placement resources form, including any adult identified by the child; and
(2)  the actions the department is taking, if any, to place the child with a relative or other designated caregiver.
(a-3)  The department shall maintain an electronic record of the status of a home study required under Subsection (a) of a potential relative or designated caregiver.
(b)  The department may place a child with a relative or other designated caregiver identified on the proposed child placement resources form, including any adult identified by the child, if the department determines that the placement is in the best interest of the child.  The department must complete the background and criminal history check and conduct a preliminary evaluation of the relative or other designated caregiver's home before the child is placed with the relative or other designated caregiver. The department may place the child with the relative or designated caregiver before conducting the home study required under Subsection (a).  Not later than 48 hours after the time that the child is placed with the relative or other designated caregiver, the department shall begin the home study of the relative or other designated caregiver.  The department shall complete the home study as soon as possible unless otherwise ordered by a court.  The department shall provide a copy of an informational manual required under Section 261.3071 to the relative or other designated caregiver at the time of the child's placement.
(c)  The department shall consider placing a child who has previously been in the managing conservatorship of the department with a foster parent with whom the child previously resided if:
(1)  the department determines that placement of the child with a relative or designated caregiver is not in the child's best interest; and
(2)  the placement is available and in the child's best interest.
(d)  In making a placement decision for a child, the department shall give preference to persons in the following order:
(1)  a person related to the child by blood, marriage, or adoption;
(2)  a person with whom the child has a long-standing and significant relationship;
(3)  a foster home; and
(4)  a general residential operation.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.33, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 527 (S.B. 1332), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 856 (S.B. 2385), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 24, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 6, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 932 (S.B. 135), Sec. 1, eff. September 1, 2023.