Texas Family Code Title 5, Chapter 264 - Child Welfare Services

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas 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 (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff.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 (b) Repealed by...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 264.011 - Local Accounts
  (a) The department may establish and maintain local bank or savings accounts for a child who is under the managing conservatorship of the department as...
• Texas Section 264.0111 - Money Earned By Child
  (a) A child for whom the department has been appointed managing conservator and who has been placed by the department in a foster home or...
• Texas Section 264.0121 - Notice To Legislators Of Foster Child's Death
  Not later than the fifth day after the date the department is notified of the death of a child for whom the department has been...
• Texas Section 264.013 - Exchange Of Information With Other States
  Subject to the availability of funds, the department shall enter into agreements with other states to allow for the exchange of information relating to a...
• Texas Section 264.0145 - Release Of Case Record
  (a) In this section, "case record" means those files, reports, records, communications, audio recordings, video recordings, or working papers under the custody and control of...
• Texas Section 264.015 - Training
  (a) The department shall include training in trauma-informed programs and services in any training the department provides to foster parents, adoptive parents, kinship caregivers, department...
• Texas Section 264.017 - Required Reporting
  (a) The department shall prepare and disseminate a report of statistics by county relating to key performance measures and data elements for child protection. (b)...
• Texas Section 264.017 - Required Reporting
  (a) The department shall prepare and disseminate a report of statistics by county relating to key performance measures and data elements for child protection. (b)...

SUBCHAPTER B FOSTER CARE

• Texas Section 264.018 - Required Notifications
  (a) In this section: (1) "Child-placing agency" has the meaning assigned by Section 42.002, Human Resources Code. (2) "Psychotropic medication" has the meaning assigned by...
• Texas Section 264.101 - Foster Care Payments
  (a) The department may pay the cost of foster care for a child only if: (1) the child has been placed by the department in...
• Texas Section 264.1015 - Liability Of Child's Estate For Foster Care
  (a) The cost of foster care provided for a child, including medical care, is an obligation of the estate of the child and the estate...
• Texas Section 264.102 - County Contracts
  (a) The department may contract with a county commissioners court to administer the funds authorized by this subchapter for eligible children in the county and...
• Texas Section 264.103 - Direct Payments
  The department may make direct payments for foster care to a foster parent residing in a county with which the department does not have a...
• Texas Section 264.104 - Parent Or Guardian Liability
  (a) The parent or guardian of a child is liable to the state or to the county for a payment made by the state or...
• Texas Section 264.1061 - Foster Parent Performance
  The department shall monitor the performance of a foster parent who has been verified by the department in the department's capacity as a child-placing agency....
• Texas Section 264.107 - Placement Of Children
  (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015. (b) The department shall use an application or...
• Texas Section 264.1072 - Educational Stability
  The department shall develop, in accordance with 42 U.S.C. Section 675, a plan to ensure the educational stability of a foster child. Added by Acts...
• Texas Section 264.1075 - Assessing Needs Of Child
  (a) On removing a child from the child's home, the department shall use assessment services provided by a child-care facility, a child-placing agency, or the...
• Texas Section 264.1085 - Foster Care Placement In Compliance With Federal Law Required
  The department or a licensed child-placing agency making a foster care placement shall comply with the Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b)....
• Texas Section 264.109 - Assignment Of Support Rights In Substitute Care Cases
  (a) The placement of a child in substitute care by the department constitutes an assignment to the state of any support rights attributable to the...
• Texas Section 264.110 - Prospective Foster Or Adoptive Parent Statement
  (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S.,...
• Texas Section 264.112 - Report On Children In Substitute Care
  (a) The department shall report the status for children in substitute care to the executive commissioner at least once every 12 months. (b) The report...
• Texas Section 264.113 - Foster Parent Recruitment
  (a) In this section, "faith-based organization" means a religious or denominational institution or organization, including an organization operated for religious, educational, or charitable purposes and...
• Texas Section 264.114 - Immunity From Liability; Adverse Departmental Action Prohibited
  (a) A faith-based organization, including the organization's employees and volunteers, that participates in a program under this chapter is subject to civil liability as provided...
• Texas Section 264.115 - Returning Child To School
  (a) If the department takes possession of a child under Chapter 262 during the school year, the department shall ensure that the child returns to...
• Texas Section 264.116 - Texas Foster Grandparent Mentors
  (a) The department shall make the active recruitment and inclusion of senior citizens a priority in ongoing mentoring initiatives. (b) An individual who volunteers as...
• Texas Section 264.118 - Annual Survey
  Sec. 264.118. ANNUAL SURVEY. (a) The department shall collect and report service and outcome information for certain current and former foster care youth for use...
• Texas Section 264.120 - Discharge Notice
  (a) Except as provided by Subsection (b), a substitute care provider with whom the department contracts to provide substitute care services for a child shall...
• Texas Section 264.121 - Transitional Living Services Program
  (a) The department shall address the unique challenges facing foster children in the conservatorship of the department who must transition to independent living by: (1)...
• Texas Section 264.122 - Court Approval Required For Travel Outside United States By Child In Foster Care
  (a) A child for whom the department has been appointed managing conservator and who has been placed in foster care may travel outside of the...
• Texas Section 264.123 - Reports Concerning Children Who Are Missing Or Victims Of Sex Trafficking
  (a) If a child in the department's managing conservatorship is missing from the child's substitute care provider, including a child who is abducted or is...
• Texas Section 264.124 - Day Care For Foster Child
  (a) In this section, "day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than...
• Texas Section 264.125 - Age-appropriate Normalcy Activities; Standard Of Care
  (a) The department shall use its best efforts to normalize the lives of children in the managing conservatorship of the department by allowing substitute caregivers,...
• Texas Section 264.125 - Foster Parent Pilot Program
  (a) The department shall establish a pilot program to provide specialized training to foster parents of children who have been traumatized or have serious mental...

SUBCHAPTER C CHILD AND FAMILY SERVICES

• Texas Section 264.126 - Redesign Implementation Plan
  (a) The department shall develop and maintain a plan for implementing the foster care redesign required by Chapter 598 (S.B. 218), Acts of the 82nd...
• Texas Section 264.201 - Services By Department
  (a) When the department provides services directly or by contract to an abused or neglected child and the child's family, the services shall be designed...
• Texas Section 264.2011 - Enhanced In-home Support Program
  (a) To the extent that funding is available, the department shall develop a program to strengthen families through enhanced in-home support. The program shall assist...
• Texas Section 264.2015 - Family Group Conferencing
  The department may collaborate with the courts and other appropriate local entities to develop and implement family group conferencing as a strategy for promoting family...
• Texas Section 264.202 - Standards And Effectiveness
  (a) The department, with assistance from national organizations with expertise in child protective services, shall define a minimal baseline of in-home and foster care services...
• Texas Section 264.203 - Required Participation
  (a) Except as provided by Subsection (d), the court on request of the department may order the parent, managing conservator, guardian, or other member of...
• Texas Section 264.204 - Community-based Family Services
  (a) The department shall administer a grant program to provide funding to community organizations, including faith-based or county organizations, to respond to: (1) low-priority, less...
• Texas Section 264.2041 - Cultural Awareness
  The department shall: (1) develop and deliver cultural competency training to all service delivery staff; (2) increase targeted recruitment efforts for foster and adoptive families...
• Texas Section 264.205 - Swift Adoption Teams
  (a) The department shall develop swift adoption teams to expedite the process of placing a child under the jurisdiction of the department for adoption. Swift...

SUBCHAPTER D SERVICES TO AT-RISK YOUTH

• Texas Section 264.207 - Home Study Required Before Adoption
  Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION. (a) The department must complete a home study before the date an applicant is approved for an adoption....
• Texas Section 264.301 - Services For At-risk Youth
  (a) The department shall operate a program to provide services for children in at-risk situations and for the families of those children. (b) The services...
• Texas Section 264.302 - Early Youth Intervention Services
  (a) This section applies to a child who: (1) is seven years of age or older and under 17 years of age; and (2) has...

SUBCHAPTER E CHILDREN'S ADVOCACY CENTERS

• Texas Section 264.304 - Hearing; Determination Of At-risk Child
  Sec. 264.304. HEARING; DETERMINATION OF AT-RISK CHILD. Without reference to the amendment of this subsection, this section was repealed by Acts 2015, 84th Leg., R.S.,...
• Texas Section 264.401 - Definition
  In this subchapter, "center" means a children's advocacy center. Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 264.402 - Establishment Of Children's Advocacy Center
  On the execution of a memorandum of understanding under Section 264.403, a children's advocacy center may be established by community members and the participating entities...
• Texas Section 264.403 - Interagency Memorandum Of Understanding
  (a) Before a center may be established under Section 264.402, a memorandum of understanding regarding participation in operation of the center must be executed among:...
• Texas Section 264.404 - Board Representation
  (a) In addition to any other persons appointed or elected to serve on the governing board of a children's advocacy center, the governing board must...
• Texas Section 264.405 - Duties
  A center shall: (1) assess victims of child abuse and their families to determine their need for services relating to the investigation of child abuse;...
• Texas Section 264.406 - Multidisciplinary Team
  (a) A center's multidisciplinary team must include employees of the participating agencies who are professionals involved in the investigation or prosecution of child abuse cases....
• Texas Section 264.407 - Liability
  (a) A person is not liable for civil damages for a recommendation made or an opinion rendered in good faith while acting in the official...
• Texas Section 264.408 - Use Of Information And Records; Confidentiality And Ownership
  (a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public...
• Texas Section 264.409 - Administrative Contracts
  (a) The department or the commission shall contract with a statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code...
• Texas Section 264.410 - Contracts With Children's Advocacy Centers
  (a) The statewide organization with which the department or the commission contracts under Section 264.409 shall contract for services with eligible centers to enhance the...

SUBCHAPTER F CHILD FATALITY REVIEW AND INVESTIGATION

• Texas Section 264.411 - Eligibility For Contracts
  (a) A public entity that operated as a center under this subchapter before November 1, 1995, or a nonprofit entity is eligible for a contract...
• Texas Section 264.501 - Definitions
  In this subchapter: (1) "Autopsy" and "inquest" have the meanings assigned by Article 49.01, Code of Criminal Procedure. (2) Repealed by Acts 2015, 84th Leg.,...
• Texas Section 264.502 - Committee
  (a) The child fatality review team committee is composed of: (1) a person appointed by and representing the state registrar of vital statistics; (2) a...
• Texas Section 264.503 - Purpose And Duties Of Committee And Specified State Agencies
  (a) The purpose of the committee is to: (1) develop an understanding of the causes and incidence of child deaths in this state; (2) identify...
• Texas Section 264.504 - Meetings Of Committee
  (a) Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Code,...
• Texas Section 264.505 - Establishment Of Review Team
  (a) A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county. A review team...
• Texas Section 264.506 - Purpose And Duties Of Review Team
  (a) The purpose of a review team is to decrease the incidence of preventable child deaths by: (1) providing assistance, direction, and coordination to investigations...
• Texas Section 264.507 - Duties Of Presiding Officer
  The presiding officer of a review team shall: (1) send notices to the review team members of a meeting to review a child fatality; (2)...
• Texas Section 264.508 - Review Procedure
  (a) The review team of the county in which the injury, illness, or event that was the cause of the death of the child occurred,...
• Texas Section 264.509 - Access To Information
  (a) A review team may request information and records regarding a deceased child as necessary to carry out the review team's purpose and duties. Records...
• Texas Section 264.510 - Meeting Of Review Team
  (a) A meeting of a review team is closed to the public and not subject to the open meetings law, Chapter 551, Government Code. (b)...
• Texas Section 264.511 - Use Of Information And Records; Confidentiality
  (a) Information and records acquired by the committee or by a review team in the exercise of its purpose and duties under this subchapter are...
• Texas Section 264.512 - Governmental Units
  The committee and a review team are governmental units for purposes of Chapter 101, Civil Practice and Remedies Code. A review team is a unit...
• Texas Section 264.513 - Report Of Death Of Child
  (a) A person who knows of the death of a child younger than six years of age shall immediately report the death to the medical...
• Texas Section 264.514 - Procedure In The Event Of Reportable Death
  (a) A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter...

SUBCHAPTER G COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS

• Texas Section 264.515 - Investigation
  (a) The investigation required by Section 264.514 must include: (1) an autopsy, unless an autopsy was conducted as part of the inquest; (2) an inquiry...
• Texas Section 264.601 - Definitions
  In this subchapter: (1) "Abused or neglected child" means a child who is: (A) the subject of a suit affecting the parent-child relationship filed by...
• Texas Section 264.602 - Contracts With Advocate Programs
  (a) The statewide organization with which the commission contracts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services...
• Texas Section 264.603 - Administrative Contracts
  (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as...
• Texas Section 264.604 - Eligibility For Contracts
  (a) A person is eligible for a contract under Section 264.602 only if the person is a public or private nonprofit entity that operates a...
• Texas Section 264.605 - Contract Form
  A person shall apply for a contract under Section 264.602 on a form provided by the commission. Added by Acts 1995, 74th Leg., ch. 20,...
• Texas Section 264.606 - Criteria For Award Of Contracts
  The statewide organization with which the commission contracts under Section 264.603 shall consider the following in awarding a contract under Section 264.602: (1) the volunteer...
• Texas Section 264.607 - Contract Requirements
  The commission shall require that a contract under Section 264.602 require the volunteer advocate program to: (1) make quarterly and annual financial reports on a...
• Texas Section 264.608 - Report To The Legislature
  (a) Not later than December 1 of each year, the commission shall publish a report that: (1) summarizes reports from volunteer advocate programs under contract...
• Texas Section 264.609 - Rule-making Authority
  The executive commissioner may adopt rules necessary to implement this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995....
• Texas Section 264.610 - Confidentiality
  The commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from...
• Texas Section 264.611 - Consultations
  In implementing this chapter, the commission shall consult with individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect...
• Texas Section 264.612 - Funding
  (a) The commission may solicit and receive grants or money from either private or public sources, including by appropriation by the legislature from the general...
• Texas Section 264.613 - Use Of Information And Records; Confidentiality
  (a) The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure...

SUBCHAPTER I RELATIVE AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM

• Texas Section 264.614 - Internet Application For Case Tracking And Information Management System
  (a) Subject to the availability of money as described by Subsection (c), the department shall develop an Internet application that allows a court-appointed volunteer advocate...
• Texas Section 264.751 - Definitions
  In this subchapter: (1) "Designated caregiver" means an individual who has a longstanding and significant relationship with a child for whom the department has been...
• Texas Section 264.752 - Relative And Other Designated Caregiver Placement Program
  (a) The department shall develop and procure a program to: (1) promote continuity and stability for children for whom the department is appointed managing conservator...
• Texas Section 264.753 - Expedited Placement
  The department shall expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the...
• Texas Section 264.754 - Investigation Of Proposed Placement
  Before placing a child with a proposed relative or other designated caregiver, the department must conduct an investigation to determine whether the proposed placement is...
• Texas Section 264.7541 - Caregiver Visit With Child; Information
  (a) Except as provided by Subsection (b), before placing a child with a proposed relative or other designated caregiver, the department must: (1) arrange a...
• Texas Section 264.755 - Caregiver Assistance Agreement
  (a) The department shall, subject to the availability of funds, enter into a caregiver assistance agreement with each relative or other designated caregiver to provide...
• Texas Section 264.756 - Assistance With Permanent Placement
  The department shall collaborate with the State Bar of Texas and local community partners to identify legal resources to assist relatives and other designated caregivers...
• Texas Section 264.757 - Coordination With Other Agencies
  The department shall coordinate with other health and human services agencies, as defined by Section 531.001, Government Code, to provide assistance and services under this...
• Texas Section 264.758 - Funds
  The department and other state agencies shall actively seek and use federal funds available for the purposes of this subchapter. Added by Acts 2005, 79th...
• Texas Section 264.760 - Eligibility For Foster Care Payments And Permanency Care Assistance
  Notwithstanding any other provision of this subchapter, a relative or other designated caregiver who becomes licensed by the department or verified by a licensed child-placing...

SUBCHAPTER K PERMANENCY CARE ASSISTANCE PROGRAM

• Texas Section 264.761 - Study Of Program
  (a) The department shall study the effectiveness of the relative and other designated caregiver placement program created by this subchapter and make recommendations to the...
• Texas Section 264.851 - Definitions
  In this subchapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(39), eff. September 1, 2015. (2) "Kinship provider" means a...
• Texas Section 264.852 - Permanency Care Assistance Agreements
  (a) The department shall enter into a permanency care assistance agreement with a kinship provider who is eligible to receive permanency care assistance benefits. (b)...
• Texas Section 264.8521 - Notice To Applicants
  At the time a person applies to become licensed by the department or verified by a licensed child-placing agency or the department to provide foster...
• Texas Section 264.853 - Rules
  The executive commissioner shall adopt rules necessary to implement the permanency care assistance program. The rules must: (1) establish eligibility requirements to receive permanency care...
• Texas Section 264.854 - Maximum Payment Amount
  The executive commissioner shall set the maximum monthly amount of assistance payments under a permanency care assistance agreement in an amount that does not exceed...
• Texas Section 264.855 - Continued Eligibility For Permanency Care Assistance Benefits After Age 18
  If the department first entered into a permanency care assistance agreement with a foster child's kinship provider after the child's 16th birthday, the department may...
• Texas Section 264.856 - Appropriation Required
  The department is not required to provide permanency care assistance benefits under this subchapter unless the department is specifically appropriated money for purposes of this...

SUBCHAPTER L PARENTAL CHILD SAFETY PLACEMENTS

• Texas Section 264.857 - Deadline For New Agreements
  The department may not enter into a permanency care assistance agreement after August 31, 2017. The department shall continue to make payments after that date...
• Texas Section 264.901 - Definitions
  In this subchapter: (1) "Caregiver" means an individual, other than a child's parent, conservator, or legal guardian, who is related to the child or has...
• Texas Section 264.902 - Parental Child Safety Placement Agreement
  (a) A parental child safety placement agreement must include terms that clearly state: (1) the respective duties of the person making the placement and the...
• Texas Section 264.903 - Caregiver Evaluation
  (a) The department shall develop policies and procedures for evaluating a potential caregiver's qualifications to care for a child under this subchapter, including policies and...
• Texas Section 264.904 - Department Procedures For Closing Case
  (a) Before closing a case in which the department has approved a parental child safety placement, the department must develop a plan with the person...
• Texas Section 264.905 - Removal Of Child By Department
  This subchapter does not prevent the department from removing a child at any time from a person who makes a parental child safety placement or...
• Texas Section 264.906 - Placement Preference During Conservatorship
  If, while a parental child safety placement agreement is in effect, the department files suit under Chapter 262 seeking to be named managing conservator of...

Last modified: September 28, 2016