Tex. Fam. Code § 263.001

TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS CHAPTER 263 • REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Subchapter A: GENERAL PROVISIONS 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 Sec. 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 by Section 264.001. (1-b) "Department" means the Department of Family and Protective Services. (2) "Child's home" means the place of residence of at least one of the child's parents. (3) "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. (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. (3-b) "Physician assistant" has the meaning assigned by Section 157.051, Occupations Code. (3-c) "Residential treatment center" means a general residential operation licensed under Chapter 42, Human Resources Code, that provides treatment services. (4) "Substitute care" means the placement of a child who is in the conservatorship of the department in care outside the child's home. The term includes foster care, institutional care, adoption, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department. (b) In the preparation and review of a service plan under th re, institutional care, adoption, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department. (b) In the preparation and review of a service plan under this chapter, a reference to the parents of the child includes both parents of the child unless the child has only one parent or unless, after due diligence by the department in attempting to locate a parent, only one parent is located, in which case the reference is to the remaining parent. (c) With respect to a child who is older than six years of age and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, placing the child in a foster home or a general residential operation operating as a cottage home is considered the least restrictive setting. (d) With respect to a child who is six years of age or younger and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, the least restrictive setting for the child is placement in: (1) a foster home; or (2) a general residential operation operating as a cottage home, only if the department determines it is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 108, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.36, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 4, eff. May 23, 2009. Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 3, eff. September 1, 2013. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.170, eff. April 2, 2015. Acts 2015, 84th Leg ss., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.170, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 2, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 4, eff. September 1, 2023. Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a) 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 parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review: (1) the conservatorship appointment and substitute care; and (2) for a child committed to the Texas Juvenile Justice Department, the child's commitment in the Texas Juvenile Justice Department or release under supervision by the Texas Juvenile Justice Department. (b) At each permanency hearing under this chapter, the court shall review the placement of each child in the temporary managing conservatorship of the department who is not placed with a relative caregiver or designated caregiver as defined by Section 264.751. The court shall include in its findings a statement whether the department: (1) asked the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child; and (2) placed the child with a relative or designated caregiver. (c) At each permanency hearing before the final order, the court shall review the placement of each child in the temporary managing conservatorship of the department who has not been returned to the child's home. At the end of the hearing, the court shall order the all review the placement of each child in the temporary managing conservatorship of the department who has not been returned to the child's home. At the end of the hearing, the court shall order the department to return the child to the child's parent or parents unless the court finds, with respect to each parent, that: (1) there is a continuing danger to the physical health or safety of the child; and (2) returning the child to the child's parent or parents is contrary to the welfare of the child. (d) This section does not prohibit the court from rendering an order under Section 263.403. (e) If a child is placed or is referred to and awaiting placement in a residential treatment center, the court shall determine whether: (1) the child's needs can be met through placement in a family-like setting; (2) the recommended or existing program can provide the most effective and appropriate level of care for the child; (3) the recommended or existing program is the least restrictive setting consistent with the child's best interest and individual needs; and (4) the placement is consistent with the short-term and long-term goals for the child, as specified by the child's permanency plan. (f) In making a determination under Subsection (e), the court may consider: (1) medical, psychological, or psychiatric assessments; (2) the child's current treatment plan and progress being made; (3) any significant medical, legal, or behavioral incidents involving the child; (4) the reasons for the child's discharge from any previous placement or the child's current placement; (5) the programs available at the facility to address the child's needs; (6) the program's plan to discharge the child after treatment; (7) whether there are other programs that more effectively meet the child's needs; and (8) any other information that would assist the court in making the determination. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- the child's needs; and (8) any other information that would assist the court in making the determination. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 109, eff. Sept. 1, 1995. Amended by: Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 5, eff. May 23, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.171, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 23, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 8, eff. June 14, 2019. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 8, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 5, eff. September 1, 2023. Sec. 263.00201. REVIEW OF PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (a) In this section, "qualified residential treatment program" has the meaning assigned by 42 U.S.C. Section 672(k)(4). (b) Not later than the 60th day after the date the department places a child in a qualified residential treatment program, a court shall: (1) consider any assessment, determination, and documentation made by a qualified individual in accordance with 42 U.S.C. Section 675a(c) regarding the child's placement; (2) determine whether the child's needs can be met through placement in a foster home and, if not, whether: (A) placing the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (B) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan; and (3) approve or disapprove the placement. (c) Any written documentation prepared for the review of the chil t-term and long-term goals for the child, as specified in the child's permanency plan; and (3) approve or disapprove the placement. (c) Any written documentation prepared for the review of the child's placement under this section and any documentation regarding the determination and approval or disapproval of the placement in a qualified residential treatment program by the court under Subsection (b) shall be included in and made part of the child's permanency plan. (d) As long as a child remains in a qualified residential treatment program, the department shall at the status review hearing and each permanency hearing held with respect to the child provide the court with information: (1) demonstrating that: (A) ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster home; (B) placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (C) the placement is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan; (2) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (3) documenting the efforts made by the department to prepare the child to return home or to be placed in a foster home or with a fit and willing relative, legal guardian, or adoptive parent. (e) The department may include the information required by Subsection (d) in any report the department is required to provide to the court before the hearing. (f) The review of a child's placement in a qualified residential treatment program may be conducted through a remote proceeding. For purposes of this subsection, "remote proceeding" means a proceeding before a court in which one or mor in a qualified residential treatment program may be conducted through a remote proceeding. For purposes of this subsection, "remote proceeding" means a proceeding before a court in which one or more of the participants, including a judge, party, attorney, witness, court reporter, child, or other individual, attends the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS proceeding remotely through the use of technology and the Internet. Added by Acts 2021, 87th Leg., R.S., Ch. 616 (S.B. 1575), Sec. 1, eff. September 1, 2021. Sec. 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 entitled to at least 10 days' notice of a hearing under this chapter and are entitled to present evidence and be heard at the hearing: (1) the department; (2) the foster parent, preadoptive parent, relative of the child providing care, or director or director's designee of the group home or general residential operation where the child is residing; (3) each parent of the child; (4) the managing conservator or guardian of the child; (5) an attorney ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order; (6) a guardian ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order; (7) a volunteer advocate appointed for the child under Chapter 107, if the appointment was not dismissed in the final order; (8) the child if: (A) the child is 10 years of age or older; or (B) the court determines it is appropriate for the child to receive notice; and (9) any other person or agency named by the court to have an interest in the child's welfare. (c) Notice of a hearing under this chapter may be given: (1) as provided by Rule 21a, T ive notice; and (9) any other person or agency named by the court to have an interest in the child's welfare. (c) Notice of a hearing under this chapter may be given: (1) as provided by Rule 21a, Texas Rules of Civil Procedure; (2) in a temporary order following a full adversary hearing; (3) in an order following a hearing under this chapter; (4) in open court; or (5) in any manner that would provide actual notice to a person entitled to notice. (d) The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee is entitled to at least 10 days' notice of a permanency hearing after final order. (e) Notice of a hearing under this chapter provided to an individual listed under Subsection (b)(2) must state that the individual may, but is not required to, attend the hearing and may request to be heard at the hearing. (f) In a hearing under this chapter, the court shall determine whether the child's caregiver is present at the hearing and allow the caregiver to testify if the caregiver wishes to provide information about the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 600, Sec. 10, eff. Jan 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 5, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 83, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 849, Sec. 6, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 885 (H.B. 843), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.178, eff. April 2, 2015. Transferred, redesignated and amended from Family Code, Section 263.301 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 28, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 24, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 263, Subchapter A eg., R.S., Ch. 317 (H.B. 7), Sec. 24, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS Sec. 263.0022. TEMPORARY EMERGENCY SUPERVISION; MONTHLY REPORT. (a) In this section, "temporary emergency supervision" means the supervision and care provided by the department or a single source continuum contractor for a child without placement for whom the department has been appointed as the temporary or permanent managing conservator. (b) The department or a single source continuum contractor may not advocate for and a court may not render an order placing a child in temporary emergency supervision if an appropriate placement is available. The department or the contractor and the court may not consider a child's refusal to stay in a placement when determining whether the placement is appropriate. (c) Before a court may order temporary emergency supervision for a child, the department or the single source continuum contractor shall submit a report to the court that includes information regarding each attempted placement, including: (1) the type of placement; (2) the location of the placement; (3) the date the department or the contractor contacted the placement; and (4) the reason the department or the contractor determined the placement was not appropriate. Added by Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 4, eff. September 1, 2025. Sec. 263.0025. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) In this section, "child" means a child in the temporary or permanent managing conservatorship of the department who is eligible under Section 29.003, Education Code, to participate in a school district's special education program. (a-1) A foster parent for a child may act as a parent for the child, as authorized under 20 U.S.C. Section 1415(b), if: (1) the rights and duties of the department t ct's special education program. (a-1) A foster parent for a child may act as a parent for the child, as authorized under 20 U.S.C. Section 1415(b), if: (1) the rights and duties of the department to make decisions regarding the child's education under Section 153.371 have not been limited by court order; and (2) the foster parent agrees to the requirements of Sections 29.015(a)(3) and (b), Education Code. (a-2) Sections 29.015(b-1), (c), and (d), Education Code, apply to a foster parent who acts or desires to act as a parent for a child for the purpose of making special education decisions. (b) To ensure the educational rights of a child are protected in the special education process, the court may appoint a surrogate parent for the child if: (1) the child's school district is unable to identify or locate a parent for the child; or (2) the foster parent of the child is unwilling or unable to serve as a parent for the purposes of this subchapter. (c) Except as provided by Subsection (d), the court may appoint a person to serve as a child's surrogate parent if the person: (1) is willing to serve in that capacity; and (2) meets the requirements of 20 U.S.C. Section 1415(b). (d) The following persons may not be appointed as a surrogate parent for the child: (1) an employee of the department; (2) an employee of the Texas Education Agency; (3) an employee of a school or school district; or (4) an employee of any other agency that is involved in the education or care of the child. (e) The court may appoint a child's guardian ad litem or court-certified volunteer advocate, as provided by Section 107.031(c), as the child's surrogate parent. (f) In appointing a person to serve as the surrogate parent for a child, the court may consider the person's ability to meet the qualifications listed under Sections 29.0151(d)(2)-(8), Education Code. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Ch to meet the qualifications listed under Sections 29.0151(d)(2)-(8), Education Code. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS (g) If the court prescribes training for a person who is appointed as the surrogate parent for a child, the training program must comply with the minimum standards for training established by rule by the Texas Education Agency. Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 3, eff. September 1, 2013. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 4, eff. September 1, 2017. Sec. 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 shall file with the court any document described by Sections 262.114(a-1) and (a-2) that has not been filed with the court. (b) The department is not required to file the documents required by Subsection (a) if the child is in an adoptive placement or another placement that is intended to be permanent. Added by Acts 2009, 81st Leg., R.S., Ch. 856 (S.B. 2385), Sec. 3, eff. September 1, 2009. Sec. 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, the department shall file with the court the name and contact information for each person who has been: (1) designated by the department to make educational decisions on behalf of the child; and (2) assigned to serve as the child's surrogate parent in accordance with 20 U.S.C. Section 1415(b) and Section 29.001(10), Education Code, for purposes of decision-making regarding special education services, if applicable. (b) Not later than the fifth day after the date an adversary hearing under Sect ction 29.001(10), Education Code, for purposes of decision-making regarding special education services, if applicable. (b) Not later than the fifth day after the date an adversary hearing under Section 262.201 or 262.205 is concluded, the information required by Subsection (a) shall be filed with the court and a copy shall be provided to the school the child attends. (c) If a person other than a person identified under Subsection (a) is designated to make educational decisions or assigned to serve as a surrogate parent, the department shall include the updated information in a permanency progress report filed under Section 263.303 or 263.502. The updated information must be provided to the school the child attends not later than the fifth day after the date of designation or assignment. Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 4, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 29, eff. September 1, 2015. Sec. 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 person to provide the child with an education in a home setting unless: (1) the right of the department to allow the education of the child in a home setting has been specifically limited by court order; (2) a court at a hearing conducted under this chapter finds, on good cause shown through evidence presented by the department in accordance with the applicable provisions in the department's child protective services handbook (CPS August 2013), that education in the home setting is not in the best interest of the child; or (3) the department determines that federal law requires another school setting. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 27, eff. September 1, 2015. Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. The department shall designate e another school setting. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 27, eff. September 1, 2015. Sec. 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, 74th Leg., ch. 943, Sec. 5, eff. Sept. 1, 1995. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS Sec. 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 the department as temporary managing conservator, the court shall inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment. Added by Acts 1997, 75th Leg., ch. 600, Sec. 6, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 2, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 80, eff. Jan. 1, 1998. Sec. 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 order appointing the department as temporary managing conservator of a child, the court shall inform each parent not represented by an attorney of: (1) the right to be represented by an attorney; and (2) if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney. (b) If a parent claims indigence and requests the appointment of an attorney in a proceeding described by Subsection (a), the court shall require the parent to complete and file with the court an affidavit of indigence. The court may hear evidence to determine whether the paren a proceeding described by Subsection (a), the court shall require the parent to complete and file with the court an affidavit of indigence. The court may hear evidence to determine whether the parent is indigent. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent. Added by Acts 2013, 83rd Leg., R.S., Ch. 810 (S.B. 1759), Sec. 10, eff. September 1, 2013. Sec. 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 regarding: (1) the efforts the department made to identify, locate, and provide information to the individuals described by Section 262.1095; (2) the name of each individual the department identified, located, or provided with information; and (3) if applicable, an explanation of why the department was unable to identify, locate, or provide information to an individual described by Section 262.1095. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 3, eff. September 1, 2011. Sec. 263.008. FOSTER CHILDREN'S BILL OF RIGHTS. (a) In this section: (1) "Agency foster home" and "facility" have the meanings assigned by Section 42.002, Human Resources Code. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86, eff. September 1, 2015. (3) "Foster children's bill of rights" means the rights described by Subsection (b). (b) It is the policy of this state that each child in foster care be informed of the child's rights provided by state or federal law or policy that relate to: (1) abuse, neglect, exploitation, discrimination, and harassment; (2) food, clothing, shelter, and education; (3) luggage to transport the child's personal belongings; (4) medical, dental, vision, and mental health services, including the right of the child to consent to treatment; (5) emergency behavioral intervention, including what methods are permitted, th gs; (4) medical, dental, vision, and mental health services, including the right of the child to consent to treatment; (5) emergency behavioral intervention, including what methods are permitted, the conditions under which it may be used, and the precautions that must be taken when administering it; (6) placement with the child's siblings and contact with members of the child's family; (7) privacy and searches, including the use of storage space, mail, and the telephone; (8) participation in school-related extracurricular or community activities; (9) interaction with persons outside the foster care system, including teachers, church members, mentors, and friends; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS (10) contact and communication with caseworkers, attorneys ad litem, guardians ad litem, and court-appointed special advocates; (11) religious services and activities; (12) confidentiality of the child's records; (13) job skills, personal finances, and preparation for adulthood; (14) participation in a court hearing that involves the child; (15) participation in the development of service and treatment plans; (16) if the child has a disability, the advocacy and protection of the rights of a person with that disability; and (17) any other matter affecting the child's ability to receive care and treatment in the least restrictive environment that is most like a family setting, consistent with the best interests and needs of the child. (c) The department shall provide a written copy of the foster children's bill of rights to each child placed in foster care in the child's primary language, if possible, and shall inform the child of the rights described by the foster children's bill of rights: (1) orally in the child's primary language, if possible, and in simple, nontechnical terms; or (2) for a child who has a disability, includi rights described by the foster children's bill of rights: (1) orally in the child's primary language, if possible, and in simple, nontechnical terms; or (2) for a child who has a disability, including an impairment of vision or hearing, through any means that can reasonably be expected to result in successful communication with the child. (d) A child placed in foster care may, at the child's option, sign a document acknowledging the child's understanding of the foster children's bill of rights after the department provides a written copy of the foster children's bill of rights to the child and informs the child of the rights described by the foster children's bill of rights in accordance with Subsection (c). If a child signs a document acknowledging the child's understanding of the foster children's bill of rights, the document must be placed in the child's case file. (e) An agency foster home or other residential child-care facility in which a child is placed in foster care shall provide a copy of the foster children's bill of rights to a child on the child's request. The foster children's bill of rights must be printed in English and in a second language. (f) The department shall promote the participation of foster children and former foster children in educating other foster children about the foster children's bill of rights. (g) The department shall develop and implement a policy for receiving and handling reports that the rights of a child in foster care are not being observed. The department shall inform a child in foster care and, if appropriate, the child's parent, managing conservator, or guardian of the method for filing a report with the department under this subsection. (h) This section does not create a cause of action. Added by Acts 2011, 82nd Leg., R.S., Ch. 791 (H.B. 2170), Sec. 1, eff. September 1, 2011. Redesignated from Family Code, Section 263.007 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(17), eff. Septe , 82nd Leg., R.S., Ch. 791 (H.B. 2170), Sec. 1, eff. September 1, 2011. Redesignated from Family Code, Section 263.007 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(17), eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.172, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 994 (S.B. 206), Sec. 86(14), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 25, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 26, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 540 (H.B. 3765), Sec. 1, eff. September 1, 2023. 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 conservator in accordance with a schedule adopted by the commissioner of the department by rule that is designed to allow the child to exit the managing conservatorship of the department safely and as soon as possible and be placed with an appropriate adult caregiver who will permanently assume legal Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 263, Subchapter A — GENERAL PROVISIONS responsibility for the child. (b) At each permanency planning meeting, the department shall: (1) identify any barriers to achieving a timely permanent placement for the child; (2) develop strategies and determine actions that will increase the probability of achieving a timely permanent placement for the child; and (3) use the family group decision-making model whenever possible. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(15), eff. September 1, 2015. Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 2, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 30, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(15), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 11, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9