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 262.408. Family Preservation Services Plan: Signing and Effect

Sec. 262.408.  FAMILY PRESERVATION SERVICES PLAN:  SIGNING AND EFFECT.  (a)  The family of a child who is a candidate for foster care and the department shall sign the family preservation services plan, and the department shall submit a copy of the signed plan to the court for review.
(b)  If the family is unwilling to participate in the development of the family preservation services plan, the department may submit the plan to the court without the parents' signatures.
(c)  The family preservation services plan takes effect on the date the court certifies that the plan complies with the court's order for family preservation services and is narrowly tailored to address the factors that make the child a candidate for foster care.  The court may hold a hearing to review the plan for compliance.
(d)  The family preservation services plan remains in effect until:
(1)  the 180th day after the date the court's order for family preservation services is signed, unless renewed by an order of the court; or
(2)  the date the plan is amended or revoked by the court.
(e)  A person subject to the family preservation services plan may file a motion with the court at any time to request a modification or revocation of the original or any amended plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.
Sec. 262.409.  AMENDED FAMILY PRESERVATION SERVICES PLAN.  (a)  A family preservation services plan may be amended at any time. The department or single source continuum contractor and the parents of a child who is a candidate for foster care shall jointly develop any amendment to the plan.  The department or contractor must inform the parents of their rights related to the amended family preservation services plan process.
(b)  The parents and the person preparing the amended family preservation services plan shall sign the amended plan, and the department or single source continuum contractor shall submit the amended plan to the court for review.
(c)  If the parents are unwilling to participate in the development of the amended family preservation services plan, the department or single source continuum contractor may submit the amended plan to the court without the parents' signatures.
(d)  The amended family preservation services plan takes effect on the date the court certifies that the amended plan complies with the court's order for family preservation services and is narrowly tailored to address the factors that make the child a candidate for foster care.  The court may hold a hearing to review the amended plan for compliance.
(e)  The amended family preservation services plan is in effect until:
(1)  the 180th day after the date the court's order for family preservation services is signed, unless renewed by an order of the court; or
(2)  the date the amended plan is modified or revoked by the court.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.
Sec. 262.410.  COURT IMPLEMENTATION OF FAMILY PRESERVATION SERVICES PLAN.  (a)  After reviewing and certifying an original or any amended family preservation services plan, the court shall incorporate the original and any amended plan into the court's order and may render additional appropriate orders to implement or require compliance with an original or amended plan.
(b)  In rendering an order, a court may omit any service prescribed under the family preservation services plan that the court finds is not appropriate or is not narrowly tailored to address the factors that make the child a candidate for foster care and place the child at risk of removal.
Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 2, eff. September 1, 2021.