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 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 263.404. Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights

Sec. 263.404.  FINAL ORDER APPOINTING DEPARTMENT AS MANAGING CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS.  (a)  The court may render a final order appointing the department as managing conservator of the child without terminating the rights of the parent of the child if the court finds that:
(1)  appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development;  and
(2)  it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator.
(b)  In determining whether the department should be appointed as managing conservator of the child without terminating the rights of a parent of the child, the court shall take the following factors into consideration:
(1)  that the child will reach 18 years of age in not less than three years;
(2)  that the child is 12 years of age or older and has expressed a strong desire against termination or has continuously expressed a strong desire against being adopted; and
(3)   the needs and desires of the child.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997.  Renumbered from Family Code Sec. 263.403 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 39, 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 E. Final Order for Child Under Department Care › Section 263.4041. Verification of Transition Plan

Sec. 263.4041.  VERIFICATION OF TRANSITION PLAN.  Notwithstanding Section 263.401, for a suit involving a child who is 14 years of age or older and whose permanency goal is another planned permanent living arrangement, the court shall verify that:
(1)  the department has conducted an independent living skills assessment for the child as provided under Section 264.121(a-3);
(2)  the department has addressed the goals identified in the child's permanency plan, including the child's housing plan, and the results of the independent living skills assessment;
(3)  if the youth is 16 years of age or older, there is evidence that the department has provided the youth with the documents and information listed in Section 264.121(e); and
(4)  if the youth is 18 years of age or older or has had the disabilities of minority removed, there is evidence that the department has provided the youth with the documents and information listed in Section 264.121(e-1).
Added by Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), 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 E. Final Order for Child Under Department Care › Section 263.405. Appeal of Final Order

Sec. 263.405.  APPEAL OF FINAL ORDER.  (a)  An appeal of a final order rendered under this subchapter is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure.  The appellate court shall render its final order or judgment with the least possible delay.
(b)  A final order rendered under this subchapter must contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS ORDER HAS THE RIGHT TO APPEAL.  AN APPEAL IN A SUIT IN WHICH TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED BY THE PROCEDURES FOR ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF APPELLATE PROCEDURE.  FAILURE TO FOLLOW THE TEXAS RULES OF APPELLATE PROCEDURE FOR ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL."
(b-1)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(c)  The supreme court shall adopt rules accelerating the disposition by the appellate court and the supreme court of an appeal of a final order granting termination of the parent-child relationship rendered under this subchapter.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(f)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(g)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(h)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
(i)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 75, Sec. 5, eff. September 1, 2011.
Added by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 176 (H.B. 409), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 526 (S.B. 813), Sec. 2, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 5, 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 E. Final Order for Child Under Department Care › Section 263.4055. Supreme Court Rules

Sec. 263.4055.  SUPREME COURT RULES.  The supreme court by rule shall establish civil and appellate procedures to address:
(1)  conflicts between the filing of a motion for new trial and the filing of an appeal of a final order rendered under this chapter; and
(2)  the period, including an extension of at least 20 days, for a court reporter to submit the reporter's record of a trial to an appellate court following a final order rendered under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 30, 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 E. Final Order for Child Under Department Care › Section 263.406. Court Information System

Sec. 263.406.  COURT INFORMATION SYSTEM.  The Office of Court Administration of the Texas Judicial System shall consult with the courts presiding over cases brought by the department for the protection of children to develop an information system to track compliance with the requirements of this subchapter for the timely disposition of those cases.
Renumbered from Family Code Sec. 263.404 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, 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 E. Final Order for Child Under Department Care › Section 263.407. Final Order Appointing Department as Managing Conservator of Certain Abandoned Children; Termination of Parental Rights

Sec. 263.407.  FINAL ORDER APPOINTING DEPARTMENT AS MANAGING CONSERVATOR OF CERTAIN ABANDONED CHILDREN;  TERMINATION OF PARENTAL RIGHTS.  (a)  There is a rebuttable presumption that a parent who delivers a child to a designated emergency infant care provider in accordance with Subchapter D, Chapter 262:
(1)  is the child's biological parent;
(2)  intends to relinquish parental rights and consents to the termination of parental rights with regard to the child;  and
(3)  intends to waive the right to notice of the suit terminating the parent-child relationship.
(a-1)  A party that seeks to rebut a presumption in Subsection (a) may do so at any time before the parent-child relationship is terminated with regard to the child.
(b)  If a person claims to be the parent of a child taken into possession under Subchapter D, Chapter 262, before the court renders a final order terminating the parental rights of the child's parents, the court shall order genetic testing for parentage determination unless parentage has previously been established.  The court shall hold the petition for termination of the parent-child relationship in abeyance for a period not to exceed 60 days pending the results of the genetic testing.
(c)  Before the court may render an order terminating parental rights with regard to a child taken into the department's custody under Section 262.303, the department must:
(1)  verify with the National Crime Information Center and state and local law enforcement agencies that the child is not a missing child;  and
(2)  obtain a certificate of the search of the paternity registry under Subchapter E, Chapter 160, not earlier than the date the department estimates to be the 30th day after the child's date of birth.
Added by Acts 2001 77th Leg., ch. 809, Sec. 6, eff. Sept. 1, 2001.  Renumbered from Family Code Sec. 263.405 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(54), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1035 (H.B. 1747), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 12, 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 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 263.408. Requirements for Appointment of Nonparent as Managing Conservator

Sec. 263.408.  REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS MANAGING CONSERVATOR.  (a)  In a suit in which the court appoints a nonparent as managing conservator of a child:
(1)  the department must provide the nonparent with an explanation of the differences between appointment as a managing conservator of a child and adoption of a child, including specific statements informing the nonparent that:
(A)  the nonparent's appointment conveys only the rights specified by the court order or applicable laws instead of the complete rights of a parent conveyed by adoption;
(B)  a parent may be entitled to request visitation with the child or petition the court to appoint the parent as the child's managing conservator, notwithstanding the nonparent's appointment as managing conservator; and
(C)  the nonparent's appointment as the child's managing conservator will not result in the eligibility of the nonparent and child for postadoption benefits; and
(2)  in addition to the rights and duties provided under Section 153.371, the court order appointing the nonparent as managing conservator must include provisions that address the authority of the nonparent to:
(A)  authorize immunization of the child or any other medical treatment that requires parental consent;
(B)  obtain and maintain health insurance coverage for the child and automobile insurance coverage for the child, if appropriate;
(C)  enroll the child in a day-care program or school, including prekindergarten;
(D)  authorize the child to participate in school-related or extracurricular or social activities, including athletic activities;
(E)  authorize the child to obtain a learner's permit, driver's license, or state-issued identification card;
(F)  authorize employment of the child;
(G)  apply for and receive public benefits for or on behalf of the child; and
(H)  obtain legal services for the child and execute contracts or other legal documents for the child.
(b)  The court must require evidence that the nonparent was informed of the rights and duties of a nonparent appointed as managing conservator of a child before the court renders an order appointing the nonparent as managing conservator of a child.
Added by Acts 2015, 84th Leg., R.S., Ch. 182 (S.B. 314), Sec. 1, 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 E. Final Order for Child Under Department Care › Section 263.409. Final Notification of Benefits Related to Kinship Verification

Sec. 263.409.  FINAL NOTIFICATION OF BENEFITS RELATED TO KINSHIP VERIFICATION.  Before a court enters a final order naming a relative or another adult with a longstanding and significant relationship with a foster child as the permanent managing conservator for the child, the court shall verify that:
(1)  the individual was offered the opportunity to become verified by a licensed child-placing agency to qualify for permanency care assistance benefits under Subchapter K, Chapter 264, and the individual declined the verification process and the permanency care assistance benefits; and
(2)  the child-placing agency conducting the verification for the individual's permanency care assistance benefits has been notified of the individual's decision to decline the permanency care assistance benefits.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 1, 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 263 - Review of Placement of Children Under Care of Department of Family and Protective Services › Subchapter F. Permanency Hearings After Final Order › Section 263.501. Permanency Hearing After Final Order

Sec. 263.501.  PERMANENCY HEARING AFTER FINAL ORDER.  (a)  If the department has been named as a child's managing conservator in a final order that does not include termination of parental rights, the court shall conduct a permanency hearing after the final order is rendered at least once every six months until the department is no longer the child's managing conservator.
(b)  If the department has been named as a child's managing conservator in a final order that terminates a parent's parental rights, the court shall conduct a permanency hearing not later than the 90th day after the date the court renders the final order.  The court shall conduct additional permanency hearings at least once every six months until the department is no longer the child's managing conservator.
(c)  Notice of each permanency hearing shall be given as provided by Section 263.0021 to each person entitled to notice of the hearing.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(19), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(19), eff. September 1, 2015.
(f)  The child shall attend each permanency hearing in accordance with Section 263.302.
(g)  A court required to conduct permanency hearings for a child for whom the department has been appointed permanent managing conservator may not dismiss a suit affecting the parent-child relationship filed by the department regarding the child while the child is committed to the Texas Juvenile Justice Department or released under the supervision of the Texas Juvenile Justice Department, unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than the department.
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, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 849, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1304 (S.B. 759), Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 9, eff. May 23, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 8, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 885 (H.B. 843), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 86, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 41, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 42, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(19), 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 F. Permanency Hearings After Final Order › Section 263.502. Permanency Progress Report After Final Order

Sec. 263.502.  PERMANENCY PROGRESS REPORT AFTER FINAL ORDER.  (a)  Not later than the 10th day before the date set for a permanency hearing after a final order is rendered, the department shall file a permanency progress report with the court and provide a copy to each person entitled to notice under Section 263.0021.
(a-1)  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 263.5031;
(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 263.5031.
(a-2)  For good cause shown, the court may:
(1)  order a different deadline for filing the permanency progress report; or
(2)  waive the reporting requirement for a specific hearing.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015.
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, 1998;  Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 9, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.182, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 43, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 44, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(20), 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.601. Definitions

Sec. 263.601.  DEFINITIONS.  In this subchapter:
(1)  "Extended foster care" means a residential living arrangement in which a young adult voluntarily delegates to the department responsibility for the young adult's placement and care and in which the young adult resides with a foster parent or other residential services provider that is:
(A)  licensed or approved by the department or verified by a licensed or certified child-placing agency; and
(B)  paid under a contract with the department.
(2)  "Guardianship services" means the services provided by the Department of Aging and Disability Services under Subchapter E, Chapter 161, Human Resources Code.
(3)  "Institution" means a residential facility that is operated, licensed, registered, certified, or verified by a state agency other than the department.  The term includes a residential service provider under a Medicaid waiver program authorized under Section 1915(c) of the federal Social Security Act that provides services at a residence other than the young adult's own home.
(3-a)  "Trial independence" means the status assigned to a young adult under Section 263.6015.
(4)  "Young adult" means a person who  was in the conservatorship of the department on the day before the person's 18th birthday.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 11.01, eff. September 28, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 63.01, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 456 (S.B. 886), Sec. 1, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.6015. Trial Independence

Sec. 263.6015.  TRIAL INDEPENDENCE.  (a)  A young adult is assigned trial independence status when the young adult:
(1)  does not enter extended foster care at the time of the young adult's 18th birthday; or
(2)  exits extended foster care before the young adult's 21st birthday.
(b)  Except as provided by Subsection (c), a court order is not required for a young adult to be assigned trial independence status.  Trial independence is mandatory for a period of at least six months beginning on:
(1)  the date of the young adult's 18th birthday for a young adult described by Subsection (a)(1); or
(2)  the date the young adult exits extended foster care.
(c)  A court may order trial independence status extended for a period that exceeds the mandatory period under Subsection (b) but does not exceed one year from the date the period under Subsection (b) commences.
(d)  Except as provided by Subsection (e), a young adult who enters or reenters extended foster care after a period of trial independence must complete a new period of trial independence as provided by Subsection (b)(2).
(e)  The trial independence status of a young adult ends on the young adult's 21st birthday.
Added by Acts 2013, 83rd Leg., R.S., Ch. 456 (S.B. 886), Sec. 2, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.6021. Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services

Sec. 263.6021.  VOLUNTARY EXTENDED JURISDICTION FOR YOUNG ADULT RECEIVING TRANSITIONAL LIVING SERVICES.  (a)  Notwithstanding Section 263.602, a court that had jurisdiction over a young adult on the day before the young adult's 18th birthday may, at the young adult's request, render an order that extends the court's jurisdiction beyond the end of trial independence if the young adult receives transitional living services from the department.
(b)  Unless the young adult reenters extended foster care before the end of the court's extended jurisdiction described by Subsection (a), the extended jurisdiction of the court under this section terminates on the earlier of:
(1)  the young adult's 21st birthday; or
(2)  the date the young adult withdraws consent to the extension of the court's jurisdiction in writing or in court.
(c)  At the request of a young adult who is receiving transitional living services from the department and who consents to voluntary extension of the court's jurisdiction under this section, the court may hold a hearing to review the services the young adult is receiving.
(d)  Before a review hearing scheduled under this section, the department must file with the court a report summarizing the young adult's transitional living services plan, services being provided to the young adult under that plan, and the young adult's progress in achieving independence.
(e)  If, after reviewing the report and any additional testimony and evidence presented at the hearing, the court determines that the young adult is entitled to additional services, the court may order the department to take appropriate action to ensure that the young adult receives those services.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 11.03, eff. September 28, 2011.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 63.03, eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 456 (S.B. 886), 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 263 - Review of Placement of Children Under Care of Department of Family and Protective Services › Subchapter G. Extended Jurisdiction After Child's 18th Birthday › Section 263.603. Extended Jurisdiction to Determine Guardianship

Sec. 263.603.  EXTENDED JURISDICTION TO DETERMINE GUARDIANSHIP.  (a)  Notwithstanding Section 263.6021, if the court believes that a young adult may be incapacitated as defined by Section 1002.017(2), Estates Code, the court may extend its jurisdiction on its own motion without the young adult's consent to allow the department to refer the young adult to the Department of Aging and Disability Services for guardianship services as required by Section 48.209, Human Resources Code.
(b)  The extended jurisdiction of the court under this section terminates on the earliest of the date:
(1)  the Department of Aging and Disability Services determines a guardianship is not appropriate under Chapter 161, Human Resources Code;
(2)  a court with probate jurisdiction denies the application to appoint a guardian; or
(3)  a guardian is appointed and qualifies under the Estates Code.
(c)  If the Department of Aging and Disability Services determines a guardianship is not appropriate, or the court with probate jurisdiction denies the application to appoint a guardian, the court under Subsection (a) may continue to extend its jurisdiction over the young adult only as provided by Section 263.602 or 263.6021.
(d)  Notwithstanding any other provision of this subchapter, a young adult for whom a guardian is appointed and qualifies is not considered to be in extended foster care or trial independence and the court's jurisdiction ends on the date the guardian for the young adult is appointed and qualifies unless the guardian requests the extended jurisdiction of the court under Section 263.604.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 11.04, eff. September 28, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 63.04, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 456 (S.B. 886), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.020, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.604. Guardian's Consent to Extended Jurisdiction

Sec. 263.604.  GUARDIAN'S CONSENT TO EXTENDED JURISDICTION.  (a)  A guardian appointed for a young adult may request that the court extend the court's jurisdiction over the young adult.
(b)  A court that extends its jurisdiction over a young adult for whom a guardian is appointed may not issue an order that conflicts with an order entered by the probate court that has jurisdiction over the guardianship proceeding.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.605. Continued or Renewed Appointment of Attorney Ad Litem, Guardian Ad Litem, or Volunteer Advocate

Sec. 263.605.  CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE.  A court with extended jurisdiction under this subchapter may continue or renew the appointment of an attorney ad litem, guardian ad litem, or volunteer advocate for the young adult to assist the young adult in accessing services the young adult is entitled to receive from the department or any other public or private service provider.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.606. Duties of Attorney or Guardian Ad Litem

Sec. 263.606.  DUTIES OF ATTORNEY OR GUARDIAN AD LITEM.  An attorney ad litem or guardian ad litem appointed for a young adult who receives services in the young adult's own home from a service provider or resides in an institution that is licensed, certified, or verified by a state agency other than the department shall assist the young adult as necessary to ensure that the young adult receives appropriate services from the service provider or institution, or the state agency that regulates the service provider or institution.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.607. Prohibited Appointments and Orders

Sec. 263.607.  PROHIBITED APPOINTMENTS AND ORDERS.  (a)  The court may not appoint the department or the Department of Aging and Disability Services as the managing conservator or guardian of a young adult.
(b)  A court may not order the department to provide a service to a young adult unless the department:
(1)  is authorized to provide the service under state law; and
(2)  is appropriated money to provide the service in an amount sufficient to comply with the court order and the department's obligations to other young adults for whom the department is required to provide similar services.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 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 G. Extended Jurisdiction After Child's 18th Birthday › Section 263.608. Rights of Young Adult

Sec. 263.608.  RIGHTS OF YOUNG ADULT.  A young adult who consents to the continued jurisdiction of the court has the same rights as any other adult of the same age.
Added by Acts 2009, 81st Leg., R.S., Ch. 96 (H.B. 704), Sec. 1, eff. May 23, 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.001. Definitions

Sec. 264.001.  DEFINITIONS.  In this chapter:
(1)  "Age-appropriate normalcy activity" means an activity or experience:
(A)  that is generally accepted as suitable for a child's age or level of maturity or that is determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the age or age group; and
(B)  in which a child who is not in the conservatorship of the state is generally allowed to participate, including extracurricular activities, in-school and out-of-school social activities, cultural and enrichment activities, and employment opportunities.
(1-a)  "Department" means the Department of Family and Protective Services.
(2)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.
(3)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.
(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.
(4)  "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.
(5)  "Standard of care of a reasonable and prudent parent" means the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking into consideration:
(A)  the overall health and safety of the child;
(B)  the child's age, maturity, and development level;
(C)  the best interest of the child based on the caregiver's knowledge of the child;
(D)  the appropriateness of a proposed activity and any potential risk factors;
(E)  the behavioral history of the child and the child's ability to safely participate in a proposed activity;
(F)  the importance of encouraging the child's social, emotional, and developmental growth; and
(G)  the importance of providing the child with the most family-like living experience possible.
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. 1.42, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 4, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), 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 A. General Provisions › Section 264.0011. Reference to Executive Commissioner or Commission

Sec. 264.0011.  REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION.  In this chapter:
(1)  a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and
(2)  a reference to the commission or the Health and Human Services Commission means the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 12, 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 264.002. Specific Appropriation Required

Sec. 264.002.  SPECIFIC APPROPRIATION REQUIRED.
(a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.
(e)  The department may not spend state funds to accomplish the purposes of this subtitle unless the funds have been specifically appropriated for those purposes.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 46, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 47, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(22), 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 A. General Provisions › Section 264.004. Allocation of State Funds

Sec. 264.004.  ALLOCATION OF STATE FUNDS.  (a)  The department shall establish a method of allocating state funds for children's protective services programs that encourages and rewards the contribution of funds or services from all persons, including local governmental entities.
(b)  Except as provided by this subsection, if a contribution of funds or services is made to support a children's protective services program in a particular county, the department shall use the contribution to benefit that program.  The department may use the contribution for another purpose only if the commissioners court of the county gives the department written permission.
(c)  The department may use state and federal funds to provide benefits or services to children and families who are otherwise eligible for the benefits or services, including foster care, adoption assistance, medical assistance, family reunification services, and other child protective services and related benefits without regard to the immigration status of the child or the child's family.
(d)  The Health and Human Services Commission may use money appropriated from the trafficked persons program account established under Section 50.0153, Health and Safety Code, to establish, maintain, and operate facilities to provide care and recovery and to ensure the general well-being of children and youth who are victims of an offense of trafficking of persons as defined by Article 56B.003, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 23, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 704 (H.B. 2633), Sec. 3, 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 264 - Child Welfare Services › Subchapter A. General Provisions › Section 264.005. County Child Welfare Boards

Sec. 264.005.  COUNTY CHILD WELFARE BOARDS.  (a)  The commissioners court of a county may appoint a child welfare board for the county.  The commissioners court and the department shall determine the size of the board and the qualifications of its members.  However, a board must have not less than seven and not more than 15 members, and the members must be residents of the county.  The members shall serve at the pleasure of the commissioners court and may be removed by the court for just cause.  The members serve without compensation.
(b)  With the approval of the department, two or more counties may establish a joint child welfare board if that action is found to be more practical in accomplishing the purposes of this chapter.  A board representing more than one county has the same powers as a board representing a single county and is subject to the same conditions and liabilities.
(c)  The members of a county child welfare board shall select a presiding officer and shall perform the duties required by the commissioners court and the department to accomplish the purposes of this chapter.
(d)  A county child welfare board is an entity of the department for purposes of providing coordinated state and local public welfare services for children and their families and for the coordinated use of federal, state, and local funds for these services.  The child welfare board shall work with the commissioners court.
(e)  A county child welfare board is a governmental unit for the purposes of Chapter 101, Civil Practice and Remedies Code.
(f)  A county child protective services board member may receive information that is confidential under Section 40.005, Human Resources Code, or Section 261.201 when the board member is acting in the member's official capacity.
(g)  A child welfare board may conduct a closed meeting under Section 551.101, Government Code, to discuss, consider, or act on a matter that is confidential under Section 40.005, Human Resources Code, or Section 261.201.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 24, 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 264.006. County Funds

Sec. 264.006.  COUNTY FUNDS.  The commissioners court of a county may appropriate funds from its general fund or any other fund for the administration of its county child welfare board.  The court may provide for services to and support of children in need of protection and care without regard to the immigration status of the child or the child's family.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 25, 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 264.008. Child Welfare Service Fund

Sec. 264.008.  CHILD WELFARE SERVICE FUND.  The child welfare service fund is a special fund in the state treasury.  The fund shall be used to administer the child welfare services provided by the department.
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 A. General Provisions › Section 264.009. Legal Representation of Department

Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT.  (a)  Except as provided by Subsection (b), (c), or (f), in any action under this code, the department shall be represented in court by the county attorney of the county where the action is brought, unless the district attorney or criminal district attorney of the county elects to provide representation.
(b)  If the county attorney, district attorney, or criminal district attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action.
(c)  If the attorney general is unable to represent the department in an action under this code, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action.
(d)  Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this code.
(e)  The department may employ attorneys to represent the department in an action under this code.
(f)  In a county with a population of 2.8 million or more, in an action under this code, the department shall be represented in court by the attorney who represents the state in civil cases in the district or county court of the county where the action is brought.  If such attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 116, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1022, Sec. 91, 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 264.0091. Use of Teleconferencing and Videoconferencing Technology

Sec. 264.0091.  USE OF TELECONFERENCING AND VIDEOCONFERENCING TECHNOLOGY.  Subject to the availability of funds, the department, in cooperation with district and county courts, shall expand the use of teleconferencing and videoconferencing to facilitate participation by medical experts, children, and other individuals in court proceedings, including children for whom the department or a licensed child-placing agency has been appointed managing conservator and who are committed to the Texas Juvenile Justice Department.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.43, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 12, eff. May 23, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.184, 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 264.010. Child Abuse Plan; Limitation on Expenditure of Funds

Sec. 264.010.  CHILD ABUSE PLAN;  LIMITATION ON EXPENDITURE OF FUNDS.  (a)  Funds appropriated for protective services, child and family services, and the purchased service system for the department may only be spent on or after March 1, 1996, in a county that provides the department with a child abuse prevention and protection plan.  If a plan is not submitted to the department under this section, the department shall document the county's failure to submit a plan and may spend appropriated funds in the county to carry out the department's duties under this subtitle.
(b)  A child abuse prevention and protection plan may be submitted by the governing body of a county or of a regional council of governments in which the county is an active participant.
(c)  The department may not require a child abuse prevention and protection plan to exceed five double-spaced letter-size pages.  The county or council of governments may voluntarily provide a longer plan.
(d)  A child abuse prevention and protection plan must:
(1)  specify the manner of communication between entities who are parties to the plan, including the department, the commission, local law enforcement agencies, the county and district attorneys, members of the medical and social service community, foster parents, and child advocacy groups; and
(2)  provide other information concerning the prevention and investigation of child abuse in the area for which the plan is adopted.
Added by Acts 1995, 74th Leg., ch. 943, Sec. 6, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.185, eff. April 2, 2015.