Tex. Fam. Code § 263.501-263.5031

TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER CHAPTER 263 • REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Subchapter F: PERMANENCY HEARINGS AFTER FINAL ORDER Sec. 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 court shall conduct a permanency hearing after the final order is rendered at least once every six months until the department is no longer the child's managing conservator. (b) If the department has been named as a child's managing conservator in a final order that terminates a parent's parental rights, the court shall conduct a permanency hearing not later than the 90th day after the date the court renders the final order. The court shall conduct additional permanency hearings at least once every six months until the department is no longer the child's managing conservator. (c) Notice of each permanency hearing shall be given as provided by Section 263.0021 to each person entitled to notice of the hearing. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(19), eff. September 1, 2015. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(19), eff. September 1, 2015. (f) The child shall attend each permanency hearing in accordance with Section 263.302. (g) Unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than the department, a court required to conduct permanency hearings for a child for whom the department has been appointed permanent managing conservator may not dismiss a suit affecting the parent-child relationship filed by the department regarding the child while the child is: (1) committed to the Texas Ju permanent managing conservator may not dismiss a suit affecting the parent-child relationship filed by the department regarding the child while the child is: (1) committed to the Texas Juvenile Justice Department or released under the supervision of the Texas Juvenile Justice Department; or (2) missing from the child's substitute care provider. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 849, Sec. 8, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1304 (S.B. 759), Sec. 2, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 9, eff. May 23, 2009. Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 8, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 885 (H.B. 843), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 86, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 41, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 42, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(19), eff. September 1, 2015. Acts 2025, 89th Leg., R.S., Ch. 875 (S.B. 2165), Sec. 2, eff. September 1, 2025. Sec. 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 a permanency progress report with the court and provide a copy to each person entitled to notice under Section 263.0021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER (a-1) The permanency progress report must contain: ine (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER (a-1) The permanency progress report must contain: (1) information necessary for the court to conduct the permanency hearing and make its findings and determinations under Section 263.5031; (2) information on significant events, as defined by Section 264.018; and (3) any additional information the department determines is appropriate or that is requested by the court and relevant to the court's findings and determinations under Section 263.5031. (a-2) For good cause shown, the court may: (1) order a different deadline for filing the permanency progress report; or (2) waive the reporting requirement for a specific hearing. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(20), eff. September 1, 2015. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1372 (S.B. 939), Sec. 9, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.182, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 43, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 44, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(20), eff. September 1, 2015. Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. (a) 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) review the efforts of the department or other agency in notifying persons entitled to notice under Section 263 rder, the court shall: (1) identify all persons and parties present at the hearing; (2) review the efforts of the department or other agency in notifying persons entitled to notice under Section 263.0021; (3) for a child placed with a relative of the child or other designated caregiver, review the efforts of the department to inform the caregiver of: (A) the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and (B) the permanency care assistance program under Subchapter K, Chapter 264; and (4) review the permanency progress report to determine: (A) the safety and well-being of the child and whether the child's needs, including any medical or special needs, are being adequately addressed; (B) whether the child has been provided the opportunity, 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; (C) whether the department placed the child with a relative or designated caregiver and the continuing necessity and appropriateness of the placement of the child, including with respect to a child who has been placed outside of this state, whether the placement continues to be in the best interest of the child; (D) if the child is placed in institutional care, whether efforts have been made to ensure that the child is placed in the least restrictive environment consistent with the child's best interest and special needs; (E) the appropriateness of the primary and alternative permanency goals for the child, whether the department has made reasonable efforts to finalize the permanency plan, including the concurrent permanency goals, in effect for the child, and whether: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER (i) the department ha Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER (i) the department has exercised due diligence in attempting to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption; or (ii) another permanent placement, including appointing a relative as permanent managing conservator or returning the child to a parent, is appropriate for the child; (F) for a child whose permanency goal is another planned permanent living arrangement: (i) the desired permanency outcome for the child, by asking the child; (ii) whether, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and, if so, provide compelling reasons why it continues to not be in the best interest of the child to: (a) return home; (b) be placed for adoption; (c) be placed with a legal guardian; or (d) be placed with a fit and willing relative; (iii) whether the department has conducted an independent living skills assessment under Section 264.121(a-3); (iv) whether the department has addressed the goals identified in the child's permanency plan, including the child's housing plan, and the results of the independent living skills assessment; (v) if the youth is 16 years of age or older, whether there is evidence that the department has provided the youth with the documents and information listed in Section 264.121(e); and (vi) if the youth is 18 years of age or older or has had the disabilities of minority removed, whether there is evidence that the department has provided the youth with the documents and information listed in Section 264.121(e-1); (G) if the child is 14 years of age or older, whether services that are needed to assist the child in transitioning from substitute care to independent living are available in the child's community; (H if the child is 14 years of age or older, whether services that are needed to assist the child in transitioning from substitute care to independent living are available in the child's community; (H) whether the child is receiving appropriate medical care and has been provided the opportunity, in a developmentally appropriate manner, to express the child's opinion on any medical care provided; (I) for a child receiving psychotropic medication, whether the child: (i) has been provided appropriate nonpharmacological interventions, therapies, or strategies to meet the child's needs; or (ii) has been seen by the prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days; (J) whether an education decision-maker for the child has been identified, the child's education needs and goals have been identified and addressed, and there are major changes in the child's school performance or there have been serious disciplinary events; (K) for a child for whom the department has been named managing conservator in a final order that does not include termination of parental rights, whether to order the department to provide services to a parent for not more than six months after the date of the permanency hearing if: (i) the child has not been placed with a relative or other individual, including a foster parent, who is seeking permanent managing conservatorship of the child; and (ii) the court determines that further efforts at reunification with a parent are: (a) in the best interest of the child; and (b) likely to result in the child's safe return to the child's parent; (L) whether the department has identified a family or other caring adult who has made a permanent commitment to the child; (M) based on the court's determination under Section 263.002, whether continued placement is appropriate if the child is placed in a residential treatment center; and (N) based on the court's determination under Section 263.00201, wh ion under Section 263.002, whether continued placement is appropriate if the child is placed in a residential treatment center; and (N) based on the court's determination under Section 263.00201, whether continued placement is appropriate if the child is placed in a qualified residential treatment program. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 263, Subchapter F — PERMANENCY HEARINGS AFTER FINAL ORDER (b) In addition to the requirements of Subsection (a), at each permanency hearing after the court renders a final order, the court shall review the department's efforts to ensure the child has regular, ongoing opportunities to engage in age-appropriate normalcy activities, including activities not listed in the child's service plan. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 45, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 31, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 5, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 5, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 11, eff. June 14, 2019. Acts 2021, 87th Leg., R.S., Ch. 683 (H.B. 2058), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 8, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4