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Texas Family Code - Section 263.306. Permanency Hearings: Procedure

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 263.306. Permanency Hearings: Procedure

§ 263.306. PERMANENCY HEARINGS:  PROCEDURE.  (a) At each 
permanency hearing the court shall:
		(1)  identify all persons or parties present at the 
hearing or those given notice but failing to appear;
		(2)  review the efforts of the department or another 
agency in:             
			(A)  attempting to locate all necessary persons;                             
			(B)  requesting service of citation;  and                                    
			(C)  obtaining the assistance of a parent in 
providing information necessary to locate an absent parent, alleged 
father, or relative of the child;
		(3)  review the efforts of each custodial parent, 
alleged father, or relative of the child before the court in 
providing information necessary to locate another absent parent, 
alleged father, or relative of the child;
		(4)  return the child to the parent or parents if the 
child's parent or parents are willing and able to provide the child 
with a safe environment and the return of the child is in the 
child's best interest;
		(5)  place the child with a person or entity, other than 
a parent, entitled to service under Chapter 102 if the person or 
entity is willing and able to provide the child with a safe 
environment and the placement of the child is in the child's best 
interest;
		(6)  evaluate the department's efforts to identify 
relatives who could provide the child with a safe environment, if 
the child is not returned to a parent or another person or entity 
entitled to service under Chapter 102;
		(7)  evaluate the parties' compliance with temporary 
orders and the service plan;
		(8)  determine whether:                                                       
			(A)  the child continues to need substitute care;                            
			(B)  the child's current placement is appropriate 
for meeting the child's needs, including with respect to a child who 
has been placed outside of the state, whether that placement 
continues to be in the best interest of the child;  and
			(C)  other plans or services are needed to meet 
the child's special needs or circumstances;
		(9)  if the child is placed in institutional care, 
determine whether efforts have been made to ensure placement of the 
child in the least restrictive environment consistent with the best 
interest and special needs of the child;
		(10)  if the child is 16 years of age or older, order 
services that are needed to assist the child in making the 
transition from substitute care to independent living if the 
services are available in the community;
		(11)  determine plans, services, and further temporary 
orders necessary to ensure that a final order is rendered before the 
date for dismissal of the suit under this chapter;  and
		(12)  determine the date for dismissal of the suit 
under this chapter and give notice in open court to all parties of:
			(A)  the dismissal date;                                                     
			(B)  the date of the next permanency hearing;  and                           
			(C)  the date the suit is set for trial.                                     
	(b)  The court shall also review the service plan, permanency 
report, and other information submitted at the hearing to:
		(1)  determine:                                                               
			(A)  the safety of the child;                                                
			(B)  the continuing necessity and appropriateness 
of the placement;        
			(C)  the extent of compliance with the case plan;  
and                     
			(D)  the extent of progress that has been made 
toward alleviating or mitigating the causes necessitating the 
placement of the child in foster care;  and
			(E)  whether the department has made reasonable 
efforts to finalize the permanency plan that is in effect for the 
child;  and
		(2)  project a likely date by which the child may be 
returned to and safely maintained in the child's home, placed for 
adoption, or placed in permanent managing conservatorship.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 751, § 114, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 600, § 16, eff. Jan. 1, 1998;  
Acts 1997, 75th Leg., ch. 603, § 11, eff. Jan. 1, 1998;  Acts 
1997, 75th Leg., ch. 1022, § 89, eff. Jan. 1, 1998;  Acts 1999, 
76th Leg., ch. 1390, § 47, eff. Sept. 1, 1999;  Acts 2001, 77th 
Leg., ch. 306, § 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 
849, § 7, eff. Sept. 1, 2001.

Last modified: August 11, 2007