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Texas Family Code - Section 161.107. Missing Parent Or Relative

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 161.107. Missing Parent Or Relative

§ 161.107. MISSING PARENT OR RELATIVE.  (a) In this 
section:              
		(1)  "Parent" means a parent whose parent-child 
relationship with a child has not been terminated.
		(2)  "Relative" means a parent, grandparent, or adult 
sibling or child.     
	(b)  If a parent of the child has not been personally served 
in a suit in which the Department of Protective and Regulatory 
Services seeks termination, the department must make a diligent 
effort to locate that parent.
	(c)  If a parent has not been personally served and cannot be 
located, the department shall make a diligent effort to locate a 
relative of the missing parent to give the relative an opportunity 
to request appointment as the child's managing conservator.
	(d)  If the department is not able to locate a missing parent 
or a relative of that parent and sufficient information is 
available concerning the physical whereabouts of the parent or 
relative, the department shall request the state agency designated 
to administer a statewide plan for child support to use the parental 
locator service established under 42 U.S.C. Section 653 to 
determine the location of the missing parent or relative.
	(e)  The department shall be required to provide evidence to 
the court to show what actions were taken by the department in 
making a diligent effort to locate the missing parent and relative 
of the missing parent.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 751, § 71, eff. Sept. 1, 
1995.

Last modified: August 11, 2007