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 263.001. Definitions

Sec. 263.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Advanced practice nurse" has the meaning assigned by Section 157.051, Occupations Code.
(1-a)  "Age-appropriate normalcy activity" has the meaning assigned by Section 264.001.
(1-b)  "Department" means the Department of Family and Protective Services.
(2)  "Child's home" means the place of residence of at least one of the child's parents.
(3)  "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
(3-a)  "Least restrictive setting" means a placement for a child that, in comparison to all other available placements, is the most family-like setting.
(3-b)  "Physician assistant" has the meaning assigned by Section 157.051, Occupations Code.
(3-c)  "Residential treatment center" means a general residential operation licensed under Chapter 42, Human Resources Code, that provides treatment services.
(4)  "Substitute care" means the placement of a child who is in the conservatorship of the department in care outside the child's home.  The term includes foster care, institutional care, adoption, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department.
(b)  In the preparation and review of a service plan under this chapter, a reference to the parents of the child includes both parents of the child unless the child has only one parent or unless, after due diligence by the department in attempting to locate a parent, only one parent is located, in which case the reference is to the remaining parent.
(c)  With respect to a child who is older than six years of age and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, placing the child in a foster home or a general residential operation operating as a cottage home is considered the least restrictive setting.
(d)  With respect to a child who is six years of age or younger and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, the least restrictive setting for the child is placement in:
(1)  a foster home; or
(2)  a general residential operation operating as a cottage home, only if the department determines it is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 108, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.36, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 4, eff. May 23, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.170, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 4, eff. September 1, 2023.