Tex. Fam. Code § 264.001 et seq.

TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS CHAPTER 264 • CHILD WELFARE 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 264. CHILD WELFARE SERVICES Sec. 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 of maturity or that is determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the age or age group; and (B) in which a child who is not in the conservatorship of the state is generally allowed to participate, including extracurricular activities, in-school and out-of-school social activities, cultural and enrichment activities, and employment opportunities. (1-a) "Department" means the Department of Family and Protective Services. (2) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017. (3) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017. (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. (4) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code. (5) "Standard of care of a reasonable and prudent parent" means the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking i easonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking into consideration: (A) the overall health and safety of the child; (B) the child's age, maturity, and development level; (C) the best interest of the child based on the caregiver's knowledge of the child; (D) the appropriateness of a proposed activity and any potential risk factors; (E) the behavioral history of the child and the child's ability to safely participate in a proposed activity; (F) the importance of encouraging the child's social, emotional, and developmental growth; and (G) the importance of providing the child with the most family-like living experience possible. 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. 1.42, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 4, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 3, eff. September 1, 2017. Sec. 264.0011. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. In this chapter: (1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and (2) a reference to the commission or the Health and Human Services Commission means the department. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 12, eff. September 1, 2017. Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. S s 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 12, eff. September 1, 2017. 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 Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015. (e) The department may not spend state funds to accomplish the purposes of this subtitle unless the funds have been specifically appropriated for those purposes. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 46, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 47, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(22), eff. September 1, 2015. Sec. 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 services from all persons, including local governmental entities. (b) Except as provided by this subsection, if a contribution of funds or services is made to support a children's protective services program in a particular county, the department shall use the contribution to benefit that program. The department may use the contribution for another purpose only if the commissioners court of the county gives the department written permission. (c) The department may use state and federal funds to provide benefits or services to children and families who are otherwise eligible for the benefits or services, including foster care, adoption assistance, medical assistance, family reunification services, and other child protective services and related benefits without regard to the i e benefits or services, including foster care, adoption assistance, medical assistance, family reunification services, and other child protective services and related benefits without regard to the immigration status of the child or the child's family. (d) The Health and Human Services Commission may use money appropriated from the trafficked persons program account established under Section 50.0153, Health and Safety Code, to establish, maintain, and operate facilities to provide care and recovery and to ensure the general well-being of children and youth who are victims of an offense of trafficking of persons as defined by Article 56B.003, Code of Criminal Procedure. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 23, eff. Sept. 1, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 704 (H.B. 2633), Sec. 3, eff. September 1, 2021. Sec. 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 size of the board and the qualifications of its members. However, a board must have not less than seven and not more than 15 members, and the members must be residents of the county. The members shall serve at the pleasure of the commissioners court and may be removed by the court for just cause. The members serve without compensation. (b) With the approval of the department, two or more counties may establish a joint child welfare board if that action is found to be more practical in accomplishing the purposes of this chapter. A board representing more than one county has the same powers as a board representing a single county and is subject to the same conditions and liabilities. (c) The members of a county child welfare board shall select a presiding officer and shall perform the duties required by the commissioners court and the department to accomplish t and liabilities. (c) The members of a county child welfare board shall select a presiding officer and shall perform the duties required by the commissioners court and the department to accomplish the purposes of this chapter. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS (d) A county child welfare board is an entity of the department for purposes of providing coordinated state and local public welfare services for children and their families and for the coordinated use of federal, state, and local funds for these services. The child welfare board shall work with the commissioners court. (e) A county child welfare board is a governmental unit for the purposes of Chapter 101, Civil Practice and Remedies Code. (f) A county child protective services board member may receive information that is confidential under Section 40.005, Human Resources Code, or Section 261.201 when the board member is acting in the member's official capacity. (g) A child welfare board may conduct a closed meeting under Section 551.101, Government Code, to discuss, consider, or act on a matter that is confidential under Section 40.005, Human Resources Code, or Section 261.201. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 24, eff. Sept. 1, 1997. Sec. 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 board. The court may provide for services to and support of children in need of protection and care without regard to the immigration status of the child or the child's family. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 25, eff. Sept. 1, 1997. Sec. 264.008. CHILD WELFARE SERVICE FUND. The child welfare ser by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 25, eff. Sept. 1, 1997. Sec. 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 by the department. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 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 county attorney of the county where the action is brought, unless the district attorney or criminal district attorney of the county elects to provide representation. (b) If the county attorney, district attorney, or criminal district attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action. (c) If the attorney general is unable to represent the department in an action under this code, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action. (d) Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this code. (e) The department may employ attorneys to represent the department in an action under this code. (f) In a county with a population of 2.8 million or more, in an action under this code, the department shall be represented in court by the attorney who represents the state in civil cases in the district or county court of the county where the action is brought. If such attorney is unable to represent the department in an action under this code because of ents the state in civil cases in the district or county court of the county where the action is brought. If such attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 116, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 91, eff. Sept. 1, 1997. Sec. 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 participation by medical experts, children, and other individuals in court proceedings, including children for whom the department or a licensed child-placing agency has been appointed managing conservator and who are committed to the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS Texas Juvenile Justice Department. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.43, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 12, eff. May 23, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.184, eff. April 2, 2015. Sec. 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 March 1, 1996, in a county that provides the department with a child abuse prevention and protection plan. If a plan is not submitted to the department under this section, the department shall document the county's failure to submit a plan and may spend appropriated funds in the count nd protection plan. If a plan is not submitted to the department under this section, the department shall document the county's failure to submit a plan and may spend appropriated funds in the county to carry out the department's duties under this subtitle. (b) A child abuse prevention and protection plan may be submitted by the governing body of a county or of a regional council of governments in which the county is an active participant. (c) The department may not require a child abuse prevention and protection plan to exceed five double-spaced letter-size pages. The county or council of governments may voluntarily provide a longer plan. (d) A child abuse prevention and protection plan must: (1) specify the manner of communication between entities who are parties to the plan, including the department, the commission, local law enforcement agencies, the county and district attorneys, members of the medical and social service community, foster parents, and child advocacy groups; and (2) provide other information concerning the prevention and investigation of child abuse in the area for which the plan is adopted. Added by Acts 1995, 74th Leg., ch. 943, Sec. 6, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.185, eff. April 2, 2015. Sec. 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 necessary to administer funds received in trust for or on behalf of the child. (b) Funds maintained in an account under this section may be used by the department to support the child, including for the payment of foster care expenses, or may be paid to a person providing care for the child. Added by Acts 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1, 1997. Sec. 264.0111. MONEY EARNED BY CHILD. (a) A child for whom the department has been appointed managing conservator and who has been placed by 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1, 1997. Sec. 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 residential child-care facility as defined by Chapter 42, Human Resources Code, is entitled to keep any money earned by the child during the time of the child's placement. (b) The child may deposit the money earned by the child in a bank or savings account subject to the sole management and control of the child as provided by Section 34.305, Finance Code. The child is the sole and absolute owner of the deposit account. (c) If a child earns money as described by this section and is returned to the child's parent or guardian, the child's parent or guardian may not interfere with the child's authority to control, transfer, draft on, or make a withdrawal from the account. (d) In this section, a reference to money earned by a child includes any interest that accrues on the money. (e) The executive commissioner may adopt rules to implement this section. Added by Acts 2001, 77th Leg., ch. 964, Sec. 3, eff. Sept. 1, 2001. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.186, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 32, eff. September 1, 2017. Sec. 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 appointed managing conservator, the department shall provide the information described by Section 261.203(a) for the child to the state senators and state representatives who represent: (1) the county in which the child's placement at the time of the child's death was located; and (2) the county in which a su the child to the state senators and state representatives who represent: (1) the county in which the child's placement at the time of the child's death was located; and (2) the county in which a suit affecting the parent-child relationship involving the child is pending. Added by Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 2, eff. June 17, 2015. Sec. 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 child for whom the department is or was the managing conservator. The information may include the child's health passport and education passport. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.44, eff. September 1, 2005. Sec. 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 the department that are collected, developed, or used: (1) in a child abuse or neglect investigation; or (2) in providing services as a result of an investigation, including substitute care services for a child. (b) The executive commissioner by rule shall establish guidelines that prioritize requests to release case records, including those made by an adult previously in the department's managing conservatorship. (c) The department is not required to release a copy of the case record except as provided by law and department rule. Added by Acts 2011, 82nd Leg., R.S., Ch. 568 (H.B. 3234), Sec. 1, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1069 (H.B. 3259), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.187, eff. April 2, 2015. Sec. 264.015. TRAINING. (a) The department shall include training in trauma-informed programs and services in any training the department provides to foster 219), Sec. 1.187, eff. April 2, 2015. Sec. 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 caseworkers, and department supervisors. The department shall pay for the training provided under this subsection with gifts, donations, and grants and any federal money available through the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351). The department shall annually evaluate the effectiveness of the training provided under this subsection to ensure progress toward a trauma-informed system of care. (b) The department shall require department caseworkers and department supervisors to complete an annual refresher training course in trauma-informed programs and services. (c) To the extent that resources are available, the department shall assist the following entities in developing training in trauma-informed programs and services and in locating money and other resources to assist the entities in providing trauma-informed programs and services: (1) court-appointed special advocate programs; (2) children's advocacy centers; (3) local community mental health centers created under Section 534.001, Health and Safety Code; and (4) domestic violence shelters. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS (d) Each foster parent, prospective adoptive parent, and relative or other designated caregiver who provide care for children and youth in the conservatorship of the department who are 10 years of age or older shall complete a training program on: (1) runaway prevention measures; and (2) proper procedures in the event a child or youth runs away from the provider. (e) The training under Subsection (d) may be: (1) offered to providers who prov (1) runaway prevention measures; and (2) proper procedures in the event a child or youth runs away from the provider. (e) The training under Subsection (d) may be: (1) offered to providers who provide care for children in the conservatorship of the department who are younger than 10 years of age who have a history of running away; (2) included as part of existing licensing training provided by the department or contracted residential child-care providers; and (3) offered in lieu of required training that is not relevant based on the age of the children for whom the person will be providing care. Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 5, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 371 (S.B. 219), Sec. 1, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 875 (H.B. 4233), Sec. 1, eff. September 1, 2023. Sec. 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) The department shall provide the report required by Subsection (a) to the legislature and shall publish the report and make the report available electronically to the public not later than December 1 of each year. The report must include, with respect to the preceding year: (1) information on the number and disposition of reports of child abuse and neglect received by the department; (2) information on the number of clients for whom the department took protective action, including investigations, alternative responses, and court-ordered removals; (3) information on the number of clients for whom the department provided services in each program administered by the child protective services division, including investigations, alternative responses, family-based safety services, conservatorship, post-adoption services, and transitional living services; (4) the number of children in this state who die uding investigations, alternative responses, family-based safety services, conservatorship, post-adoption services, and transitional living services; (4) the number of children in this state who died as a result of child abuse or neglect; (5) the number of children described by Subdivision (4) for whom the department was the children's managing conservator at the time of death; (6) information on the timeliness of the department's initial contact in an investigation or alternative response; (7) information on the response time by the department in commencing services to families and children for whom an allegation of child abuse or neglect has been made; (8) information regarding child protection staffing and caseloads by program area; (9) information on the permanency goals in place and achieved for children in the managing conservatorship of the department, including information on the timeliness of achieving the goals, the stability of the children's placement in foster care, and the proximity of placements to the children's home counties; (10) the number of children who suffer from a severe emotional disturbance and for whom the department is appointed managing conservator, including statistics on appointments as joint managing conservator, due to an individual voluntarily relinquishing custody of a child solely to obtain mental health services for the child; (11) the number of children who are pregnant or a parent while in the managing conservatorship of the department and the number of the children born to a parent in the managing conservatorship of the department who are placed in the managing conservatorship of the department; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS (12) the number of children who are missing from the children's substitute care provider while in the managing conservatorship of the department; (13) the 264, Subchapter A — GENERAL PROVISIONS (12) the number of children who are missing from the children's substitute care provider while in the managing conservatorship of the department; (13) the number of children who were victims of trafficking under Chapter 20A, Penal Code, while in the managing conservatorship of the department; and (14) the number of children who attempted suicide while in the managing conservatorship of the department. (c) To the extent feasible, the report must also include, for each county, the amount of funding for child abuse and neglect prevention services and the rate of child abuse and neglect per 1,000 children in the county for the preceding year and for each of the preceding five years. (d) Not later than September 1 of each year, the department shall seek public input regarding the usefulness of, and any proposed modifications to, existing reporting requirements and proposed additional reporting requirements. The department shall evaluate the public input provided under this subsection and seek to facilitate reporting to the maximum extent feasible within existing resources and in a manner that is most likely to assist public understanding of department functions. (e) In addition to the information required under Subsections (a) and (b), the department shall annually publish information on the number of children who died during the preceding year whom the department determined had been abused or neglected but whose death was not the result of the abuse or neglect. The department may publish the information described by this subsection in the same report required by Subsection (a) or in another annual report published by the department. (f) In addition to the other reports required by this section, the department shall publish a monthly report containing the following information for the preceding month with respect to parental child safety placement agreements: (1) the number of children placed under a parental publish a monthly report containing the following information for the preceding month with respect to parental child safety placement agreements: (1) the number of children placed under a parental child safety placement agreement; (2) the average duration of a placement under a parental child safety placement agreement; (3) the average duration of a placement under a parental child safety placement agreement during an investigation; and (4) the percentage of children removed from a placement under a parental child safety placement agreement and placed in the managing conservatorship of the department. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 48, eff. September 1, 2015. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 222 (H.B. 2809), Sec. 1, eff. September 1, 2025. Sec. 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 Section 266.001. (3) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code. (4) "Significant change in medical condition" means the occurrence of an injury or the onset of an illness that is life-threatening or may have serious long-term health consequences. The term includes: (A) the occurrence or onset of an injury or illness that requires hospitalization for surgery or another procedure that is not minor emergency care; and (B) a suicide attempt. (5) "Significant event" means: (A) a placement change, including failure by the department to locate an appropriate placement for at least one night; (B) a significant change in medical condition; (C) an initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication; (D) a major change in school performance or a serious disciplinary event at al condition; (C) an initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication; (D) a major change in school performance or a serious disciplinary event at school; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS (E) a placement in a qualified residential treatment program as that term is defined by 42 U.S.C. Section 672(k)(4) or placement in a residential treatment center as defined by Section 263.001, including meetings or conferences to determine the appropriateness of such a placement; or (F) any event determined to be significant under department rule. (b) The notification requirements of this section are in addition to other notice requirements provided by law, including Sections 263.0021, 264.107(g), and 264.123. (c) The department must provide notice under this section in a manner that would provide actual notice to a person entitled to the notice, including the use of electronic notice whenever possible. (d) Not later than 24 hours after an event described by this subsection, the department shall make a reasonable effort to notify a parent of a child in the managing conservatorship of the department and the parent's attorney, if represented by an attorney, of: (1) a significant change in medical condition of the child; (2) the enrollment or participation of the child in a drug research program under Section 266.0041; (3) an initial prescription of a psychotropic medication; and (4) a change in the child's placement. (d-1) Except as provided by Subsection (d-2), as soon as possible but not later than 24 hours after a change in placement of a child in the conservatorship of the department, the department shall give notice of the placement change to the managed care organization that contracts with the commission to provide health care services to the child under the STAR Health program he department shall give notice of the placement change to the managed care organization that contracts with the commission to provide health care services to the child under the STAR Health program. The managed care organization shall give notice of the placement change to the primary care physician listed in the child's health passport before the end of the second business day after the day the organization receives the notification from the department. (d-2) In this subsection, "catchment area" has the meaning assigned by Section 264.152. In a catchment area in which community-based care has been implemented, the single source continuum contractor that has contracted with the commission to provide foster care services in that catchment area shall, as soon as possible but not later than 24 hours after a change in placement of a child in the conservatorship of the department, give notice of the placement change to the managed care organization that contracts with the commission to provide health care services to the child under the STAR Health program. The managed care organization shall give notice of the placement change to the child's primary care physician in accordance with Subsection (d-1). (e) Not later than 48 hours before the department changes the residential child-care facility of a child in the managing conservatorship of the department, the department shall provide notice of the change to: (1) the child's parent and the parent's attorney, if represented by an attorney; (2) an attorney ad litem appointed for the child under Chapter 107; (3) a guardian ad litem appointed for the child under Chapter 107; (4) a volunteer advocate appointed for the child under Chapter 107; and (5) the licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee. (f) Except as provided by Subsection (d-1), as soon as possible but not later than 48 hours after the department becomes aware sible for placing the child or the licensed administrator's designee. (f) Except as provided by Subsection (d-1), as soon as possible but not later than 48 hours after the department becomes aware of a significant event affecting a child in the conservatorship of the department, the department shall provide notice of the significant event to: (1) the child's parent and the parent's attorney, if represented by an attorney; (2) an attorney ad litem appointed for the child under Chapter 107; (3) a guardian ad litem appointed for the child under Chapter 107; (4) a volunteer advocate appointed for the child under Chapter 107; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS (5) the licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee; (6) a foster parent, prospective adoptive parent, relative of the child providing care to the child, or director of the group home or general residential operation where the child is residing; and (7) any other person determined by a court to have an interest in the child's welfare. (g) For purposes of Subsection (f), if a hearing for the child is conducted during the 48-hour notice period described by that subsection, the department shall provide notice of the significant event at the hearing. (h) The department is not required to provide notice under this section to a parent of a child in the managing conservatorship of the department if: (1) the department cannot locate the parent; (2) a court has restricted the parent's access to the information; (3) the child is in the permanent managing conservatorship of the department and the parent has not participated in the child's case for at least six months despite the department's efforts to involve the parent; (4) the parent's rights have been terminated; or (5) the department has docum as not participated in the child's case for at least six months despite the department's efforts to involve the parent; (4) the parent's rights have been terminated; or (5) the department has documented in the child's case file that it is not in the best interest of the child to involve the parent in case planning. (h-1) Notwithstanding Subsection (h), the department shall provide notice under this section to a parent's attorney if the parent is represented by an attorney if: (1) the department cannot locate the parent; or (2) the child is in the permanent managing conservatorship of the department and the parent has not participated in the child's case for at least six months despite the department's efforts to involve the parent. (i) The department is not required to provide notice of a significant event under this section to the child-placing agency responsible for the placement of a child in the managing conservatorship of the department, a foster parent, a prospective adoptive parent, a relative of the child providing care to the child, or the director of the group home or general residential operation where the child resides if that agency or individual is required under a contract or other agreement to provide notice of the significant event to the department. (j) A person entitled to notice from the department under this section shall provide the department with current contact information, including the person's e-mail address and the telephone number at which the person may most easily be reached. The person shall update the person's contact information as soon as possible after a change to the information. The department is not required to provide notice under this section to a person who fails to provide contact information to the department. The department may rely on the most recently provided contact information in providing notice under this section. (k) To facilitate timely notification under this section, a residential child-ca nt. The department may rely on the most recently provided contact information in providing notice under this section. (k) To facilitate timely notification under this section, a residential child-care facility contracting with the department for 24-hour care shall notify the department, in the time provided by the facility's contract, of a significant event for a child who is in the conservatorship of the department and residing in the facility. (l) The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this section using a negotiated rulemaking process under Chapter 2008, Government Code. (m) The department shall document all notifications and attempted notifications made under this section in the child's case record. Added by Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 1, eff. September 1, 2015. Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 48, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 33, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 264, Subchapter A — GENERAL PROVISIONS Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 14, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.005, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 616 (S.B. 1575), Sec. 2, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 9, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 222 (H.B. 2809), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 374 (H.B. 694), Sec. 1, eff. September 1, 2025. Sec. 264.019. COLLECTION AND REPORTING OF ALCOHOL AND CONTROLLED SUBSTANCE STATISTICS. (a) The department shall collect the following information and update the department's automated case tracking and information management system to allow caseworkers to record: (1) t CE STATISTICS. (a) The department shall collect the following information and update the department's automated case tracking and information management system to allow caseworkers to record: (1) the number of children reported to the department who at birth tested positive for the presence of alcohol or a controlled substance; (2) the controlled substances for which the children described by Subdivision (1) tested positive; (3) the number of children described by Subdivision (1) who were removed from their homes and have been diagnosed as having a disability or chronic medical condition resulting from the presence of alcohol or controlled substances; and (4) the number of parents who test positive for the presence of a controlled substance during a department investigation of a report of abuse or neglect of the parent's child. (b) Not later than November 1 of each year, the department shall: (1) prepare for the preceding year a report containing: (A) the information collected under Subsection (a); and (B) the data collected under Section 532.0204, Government Code; (2) post a copy of the report prepared under Subdivision (1) on the department's Internet website; and (3) electronically submit to the legislature a copy of the report. (c) The commissioner of the department shall adopt rules necessary to implement this section. (d) The department is required to implement this section in a state fiscal biennium only if the commissioner of the department determines that the legislature has specifically appropriated an amount sufficient to update the department's automated case tracking and information management system. If the commissioner of the department does not make that determination, the department shall implement this section not later than the date of the department's next update of the automated case tracking and information management system. Added by Acts 2019, 86th Leg., R.S., Ch. 417 (S.B. 195), Sec. 2, eff. January 1, 2020. Amended by e of the department's next update of the automated case tracking and information management system. Added by Acts 2019, 86th Leg., R.S., Ch. 417 (S.B. 195), Sec. 2, eff. January 1, 2020. Amended by: Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.09, eff. April 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10