Texas Family Code Title 5, Chapter 263 - Review Of Placement Of Children Under Care Of Department Of Family And Protective Services

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 263.002 - Review Of Placements By Court
  In a suit affecting the parent-child relationship in which the department has been appointed by the court or designated in an affidavit of relinquishment of...
• Texas Section 263.0021 - Notice Of Hearing; Presentation Of Evidence
  (a) Notice of a hearing under this chapter shall be given to all persons entitled to notice of the hearing. (b) The following persons are...
• Texas Section 263.0025 - Appointment Of Surrogate Parent
  (a) If a child in the temporary or permanent conservatorship of the department is eligible under Section 29.003, Education Code, to participate in a school...
• Texas Section 263.003 - Information Relating To Placement Of Child
  (a) Except as provided by Subsection (b), not later than the 10th day before the date set for a hearing under this chapter, the department...
• Texas Section 263.004 - Notice To Court Regarding Education Decision-making
  (a) Unless the rights and duties of the department under Section 153.371(10) to make decisions regarding the child's education have been limited by court order,...
• Texas Section 263.0045 - Education In Home Setting For Foster Children
  On request of a person providing substitute care for a child who is in the managing conservatorship of the department, the department shall allow the...
• Texas Section 263.005 - Enforcement Of Family Service Plan
  The department shall designate existing department personnel to ensure that the parties to a family service plan comply with the plan. Added by Acts 1995,...
• Texas Section 263.006 - Warning To Parents
  At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the court has rendered a temporary order appointing...
• Texas Section 263.0061 - Notice To Parents Of Right To Counsel
  (a) At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the date the court renders a temporary...
• Texas Section 263.007 - Report Regarding Notification Of Relatives
  Not later than the 10th day before the date set for a hearing under Subchapter C, the department shall file with the court a report...
• Texas Section 263.008 - Foster Children's Bill Of Rights
  (a) In this section: (1) "Agency foster group home," "agency foster home," "facility," "foster group home," and "foster home" have the meanings assigned by Section...

SUBCHAPTER B SERVICE PLAN AND VISITATION PLAN

• Texas Section 263.009 - Permanency Planning Meetings
  Sec. 263.009. PERMANENCY PLANNING MEETINGS. (a) The department shall hold a permanency planning meeting for each child for whom the department is appointed temporary managing...
• Texas Section 263.101 - Department To File Service Plan
  Except as provided by Section 262.2015, not later than the 45th day after the date the court renders a temporary order appointing the department as...
• Texas Section 263.102 - Service Plan; Contents
  (a) The service plan must: (1) be specific; (2) be in writing in a language that the parents understand, or made otherwise available; (3) be...
• Texas Section 263.103 - Original Service Plan: Signing And Taking Effect
  (a) The original service plan shall be developed jointly by the child's parents and a representative of the department, including informing the parents of their...
• Texas Section 263.104 - Amended Service Plan
  (a) The service plan may be amended at any time. The department shall work with the parents to jointly develop any amendment to the service...
• Texas Section 263.105 - Review Of Service Plan; Modification
  (a) The service plan currently in effect shall be filed with the court. (b) The court shall review the plan at the next required hearing...
• Texas Section 263.106 - Court Implementation Of Service Plan
  After reviewing the original or any amended service plan and making any changes or modifications it deems necessary, the court shall incorporate the original and...
• Texas Section 263.107 - Visitation Plan
  (a) This section applies only to a child in the temporary managing conservatorship of the department for whom the department's goal is reunification of the...
• Texas Section 263.108 - Review Of Visitation Plan; Modification
  (a) At the first hearing held under this chapter after the date an original or amended visitation plan is filed with the court under Section...

SUBCHAPTER C STATUS HEARING

• Texas Section 263.109 - Court Implementation Of Visitation Plan
  (a) After reviewing an original or amended visitation plan, the court shall render an order regarding a parent's visitation with a child that the court...
• Texas Section 263.201 - Status Hearing; Time
  (a) Not later than the 60th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a...
• Texas Section 263.202 - Status Hearing; Findings
  (a) If all persons entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as...

SUBCHAPTER D PERMANENCY HEARINGS

• Texas Section 263.203 - Appointment Of Attorney Ad Litem; Admonishments
  (a) The court shall advise the parties of the provisions regarding the mandatory appointment of an attorney ad litem under Subchapter A, Chapter 107, and...
• Texas Section 263.302 - Child's Attendance At Hearing
  The child shall attend each permanency hearing unless the court specifically excuses the child's attendance. A child committed to the Texas Juvenile Justice Department may...
• Texas Section 263.3025 - Permanency Plan
  (a) The department shall prepare a permanency plan for a child for whom the department has been appointed temporary managing conservator. The department shall give...
• Texas Section 263.3026 - Permanency Goals; Limitation
  (a) The department's permanency plan for a child may include as a goal: (1) the reunification of the child with a parent or other individual...
• Texas Section 263.303 - Permanency Progress Report Before Final Order
  (a) Not later than the 10th day before the date set for each permanency hearing before a final order is rendered, the department shall file...
• Texas Section 263.304 - Initial Permanency Hearing; Time
  (a) Not later than the 180th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a...
• Texas Section 263.305 - Subsequent Permanency Hearings
  A subsequent permanency hearing before entry of a final order shall be held not later than the 120th day after the date of the last...
• Texas Section 263.306 - Permanency Hearings Before Final Order
  Sec. 263.306. PERMANENCY HEARINGS BEFORE FINAL ORDER. Without reference to the amendment of this subsection, this section was repealed by Acts 2015, 84th Leg., R.S.,...

SUBCHAPTER E FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE

• Texas Section 263.307 - Factors In Determining Best Interest Of Child
  (a) In considering the factors established by this section, the prompt and permanent placement of the child in a safe environment is presumed to be...
• Texas Section 263.401 - Dismissal After One Year; New Trials; Extension
  (a) Unless the court has commenced the trial on the merits or granted an extension under Subsection (b) or (b-1), on the first Monday after...
• Texas Section 263.402 - Limit On Extension; Waiver
  (a) The parties to a suit under this chapter may not extend the deadlines set by the court under this subchapter by agreement or otherwise....
• Texas Section 263.403 - Monitored Return Of Child To Parent
  (a) Notwithstanding Section 263.401, the court may retain jurisdiction and not dismiss the suit or render a final order as required by that section if...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER F PERMANENCY HEARINGS AFTER FINAL ORDER

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 263.503 - Placement Review Hearings; Procedure
  Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. Without reference to the addition of this subsection, this section was repealed by Acts 2015, 84th Leg., R.S., Ch....

SUBCHAPTER G EXTENDED JURISDICTION AFTER CHILD'S 18TH BIRTHDAY

• Texas Section 263.5031 - Permanency Hearings Following Final Order
  At each permanency hearing after the court renders a final order, the court shall: (1) identify all persons and parties present at the hearing; (2)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 263.602 - Extended Jurisdiction
  (a) Except as provided by Subsection (f), a court that had jurisdiction over a young adult on the day before the young adult's 18th birthday...
• Texas Section 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...
• Texas Section 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 601(14)(B), Texas Probate Code, the court...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016