Tex. Fam. Code § 263.101-263.104

TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN CHAPTER 263 • REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Subchapter B: SERVICE PLAN AND VISITATION PLAN Sec. 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 temporary managing conservator of a child under Chapter 262, the department shall file a service plan. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 24, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 43, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.173, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 31, eff. September 1, 2015. Sec. 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 prepared by the department in conference with the child's parents; (4) state appropriate deadlines; (5) specify the primary permanency goal and at least one alternative permanency goal; (6) state steps that are necessary to: (A) return the child to the child's home if the placement is in foster care; (B) enable the child to remain in the child's home with the assistance of a service plan if the placement is in the home under the department's supervision; or (C) otherwise provide a permanent safe placement for the child; (7) state the actions and responsibilities that are necessary for the child's parents to take to achieve the plan goal during the period of the service plan and the assistance to be provided to the parents by the department or o ibilities that are necessary for the child's parents to take to achieve the plan goal during the period of the service plan and the assistance to be provided to the parents by the department or other agency toward meeting that goal; (8) state any specific skills or knowledge that the child's parents must acquire or learn, as well as any behavioral changes the parents must exhibit, to achieve the plan goal; (9) state the actions and responsibilities that are necessary for the child's parents to take to ensure that the child attends school and maintains or improves the child's academic compliance; (10) state the name of the person with the department whom the child's parents may contact for information relating to the child if other than the person preparing the plan; and (11) prescribe any other term or condition that the department determines to be necessary to the service plan's success. (b) The service plan shall include the following statement: TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. THERE WILL BE A COURT HEARING AT WHICH A JUDGE WILL REVIEW THIS SERVICE PLAN. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(16), eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN (d) The department or other authorized entity must write the service plan in a manner that is clear and understandable to the parent in order to facilitate the parent's ability to follow the requirements of the service plan. (e) Regardl entity must write the service plan in a manner that is clear and understandable to the parent in order to facilitate the parent's ability to follow the requirements of the service plan. (e) Regardless of whether the goal stated in a child's service plan as required under Subsection (a)(5) is to return the child to the child's parents or to terminate parental rights and place the child for adoption, the department shall concurrently provide to the child and the child's family, as applicable: (1) time-limited family reunification services as defined by 42 U.S.C. Section 629a for a period not to exceed the period within which the court must render a final order in or dismiss the suit affecting the parent-child relationship with respect to the child as provided by Subchapter E; and (2) adoption promotion and support services as defined by 42 U.S.C. Section 629a. (f) The department shall consult with relevant professionals to determine the skills or knowledge that the parents of a child under two years of age should learn or acquire to provide a safe placement for the child. The department shall incorporate those skills and abilities into the department's service plans, as appropriate. (g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(16), eff. September 1, 2015. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.38(a), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 8, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.174, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 32, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(16), eff. September 1, 2015. Sec. 263.1021. SELECTION AND REIMBURSEMENT OF SERVICE PROVIDER. (a) A parent who is required to complete a service plan under this subchapter may obtain services from a qualified or licensed provider s . 263.1021. SELECTION AND REIMBURSEMENT OF SERVICE PROVIDER. (a) A parent who is required to complete a service plan under this subchapter may obtain services from a qualified or licensed provider selected by the parent. (b) Services obtained from a provider selected under Subsection (a): (1) must be designed to achieve the stated goals of the service plan; and (2) may be provided through an electronic communication platform. (c) A service provider selected by a parent shall certify in writing whether the parent has satisfactorily completed the required service. (d) The department shall reimburse a service provider selected by the parent under Subsection (a) who is not under contract with the department in an amount equal to the average cost for the specific service from department contractors providing the service in the region where the parent resides. (e) The department shall: (1) adopt rules relating to the manner in which providers are reimbursed for services provided under this section; and (2) implement this section using existing resources. Added by Acts 2023, 88th Leg., R.S., Ch. 124 (H.B. 793), Sec. 1, eff. September 1, 2023. Sec. 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 rights in connection with the service plan process. If a parent is not able or willing to participate in the development of the service plan, it should be so noted in the plan. (a-1) Before the original service plan is signed, the child's parents and the representative of the department shall discuss each term and condition of the plan. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN (b) The child's parents and the person preparing the original service plan shall sign s., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN (b) The child's parents and the person preparing the original service plan shall sign the plan, and the department shall give each parent a copy of the service plan. (c) If the department determines that the child's parents are unable or unwilling to participate in the development of the original service plan or sign the plan, the department may file the plan without the parents' signatures. (d) The original service plan takes effect when: (1) the child's parents and the appropriate representative of the department sign the plan; or (2) the court issues an order giving effect to the plan without the parents' signatures. (e) The original service plan is in effect until amended by the court or as provided under Section 263.104. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 4, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.175, eff. April 2, 2015. Sec. 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 plan, including informing the parents of their rights in connection with the amended service plan process. (b) The amended service plan supersedes the previously filed service plan and takes effect when: (1) the child's parents and the appropriate representative of the department sign the plan; or (2) the department determines that the child's parents are unable or unwilling to sign the amended plan and files it without the parents' signatures. (c) A parent may file a motion with the court at any time to request a review and modification of the amended service plan. (d) An amended service plan remains in effect until: (1) superseded by a later-amended service plan that goes into effect as provided by Su est a review and modification of the amended service plan. (d) An amended service plan remains in effect until: (1) superseded by a later-amended service plan that goes into effect as provided by Subsection (b); or (2) modified by the court. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 5, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.176, eff. April 2, 2015. Sec. 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 under this chapter after the plan is filed. (c) The court may modify an original or amended service plan at any time. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 44, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 4, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 5, eff. September 1, 2011. Sec. 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 any amended service plan into the orders of the court and may render additional appropriate orders to implement or require compliance with an original or amended service plan. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 6, eff. September 1, 2011. Sec. 263.107. VISITATION PLAN. (a) This section applies only to a child in the te eff. April 20, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 6, eff. September 1, 2011. Sec. 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 child with the child's parent. (b) Not later than the 30th day after the date the department is named temporary managing conservator of a child, the department in collaboration with each parent of the child shall develop a visitation plan. (c) In determining the frequency and circumstances of visitation under this section, the department must consider: (1) the safety and best interest of the child; (2) the age of the child; (3) the desires of each parent regarding visitation with the child; (4) the location of each parent and the child; and (5) the resources available to the department, including the resources to: (A) ensure that visitation is properly supervised by a department employee or an available and willing volunteer the department determines suitable after conducting a background and criminal history check; and (B) provide transportation to and from visits. (d) Not later than the 10th day before the date of a status hearing under Section 263.201, the department shall file with the court a copy of the visitation plan developed under this section. (e) The department may amend the visitation plan on mutual agreement of the child's parents and the department or as the department considers necessary to ensure the safety of the child. An amendment to the visitation plan must be in the child's best interest. The department shall file a copy of any amended visitation plan with the court. (f) A visitation plan developed under this section may not conflict with a court order relating to possession of or access to the child. Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013. Sec. 263.108. REVIEW OF VISITATI lict with a court order relating to possession of or access to the child. Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013. Sec. 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 263.107, the court shall review the visitation plan, taking into consideration the factors specified in Section 263.107(c). (b) The court may modify, or order the department to modify, an original or amended visitation plan at any time. (c) A parent who is entitled to visitation under a visitation plan may at any time file a motion with the court to request review and modification of an original or amended visitation plan. Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013. Sec. 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 determines appropriate. (b) If the court finds that visitation between a child and a parent is not in the child's best interest, the court shall render an order that: (1) states the reasons for finding that visitation is not in the child's best interest; and (2) outlines specific steps the parent must take to be allowed to have visitation with the child. (c) If the order regarding visitation between a child and a parent requires supervised visitation to protect the health and safety of the child, the order must outline specific steps the parent must take to have the level of supervision reduced. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013. Source: Texas Legislatu TEXAS FAMILY CODE Chapter 263, Subchapter B — SERVICE PLAN AND VISITATION PLAN Added by Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 4, eff. September 1, 2013. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5