Tex. Fam. Code § 264.101

TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE CHAPTER 264 • CHILD WELFARE SERVICES Subchapter B: FOSTER CARE Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may pay the cost of foster care for a child only if: (1) the child has been placed by the department in a foster home or other residential child-care facility, as defined by Chapter 42, Human Resources Code, or in a comparable residential facility in another state; and (2) the department: (A) has initiated suit and been named conservator of the child; or (B) has the duty of care, control, and custody after taking possession of the child in an emergency without a prior court order as authorized by this subtitle. (a-1) The department shall continue to pay the cost of foster care for a child for whom the department provides care, including medical care, until the last day of the month in which the child attains the age of 18. The department shall continue to pay the cost of foster care for a child after the month in which the child attains the age of 18 as long as the child is: (1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate; (2) regularly attending an institution of higher education or a postsecondary vocational or technical program; (3) participating in a program or activity that promotes, or removes barriers to, employment; (4) employed for at least 80 hours a month; or (5) incapable of performing the activities described by Subdivisions (1)-(4) due to a documented medical condition. (a-2) The department shall continue to pay the cost of foster care under: (1) Subsection (a-1)(1) until the last day of the month in which the child attains the age of 22; and (2) Subsections (a-1)(2)-(5) until the last day of the month the child attains the age of 21. (b) The department may not p last day of the month in which the child attains the age of 22; and (2) Subsections (a-1)(2)-(5) until the last day of the month the child attains the age of 21. (b) The department may not pay the cost of protective foster care for a child for whom the department has been named managing conservator under an order rendered solely under Section 161.001(b)(1)(J). (c) The payment of foster care, including medical care, for a child as authorized under this subchapter shall be made without regard to the child's eligibility for federally funded care. (d) The executive commissioner may adopt rules that establish criteria and guidelines for the payment of foster care, including medical care, for a child and for providing care for a child after the child becomes 18 years of age if the child meets the requirements for continued foster care under Subsection (a-1). (d-1) The executive commissioner may adopt rules that prescribe the maximum amount of state money that a residential child-care facility may spend on nondirect residential services, including administrative services. The commission shall recover the money that exceeds the maximum amount established under this subsection. (e) The department may accept and spend funds available from any source to pay for foster care, including medical care, for a child in the department's care. (f) In this section, "child" means a person who: (1) is under 22 years of age and for whom the department has been appointed managing conservator of the child before the date the child became 18 years of age; or (2) is the responsibility of an agency with which the department has entered into an agreement to provide care and supervision of the child. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, ef urce: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 27, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 183 (H.B. 614), Sec. 1, eff. May 27, 2005. Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.45, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 6, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(b), eff. October 1, 2010. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.188, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 49, eff. September 1, 2015. Sec. 264.1015. LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE. (a) The cost of foster care provided for a child, including medical care, is an obligation of the estate of the child and the estate is liable to the department for the cost of the care. (b) The department may take action to recover from the estate of the child the cost of foster care for the child. Added by Acts 1997, 75th Leg., ch. 575, Sec. 28, eff. Sept. 1, 1997. Sec. 264.102. COUNTY CONTRACTS. (a) The department may contract with a county commissioners court to administer the funds authorized by this subchapter for eligible children in the county and may require county participation. (b) The payments provided by this subchapter do not abrogate the responsibility of a county to provide child welfare services. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 264.103. DIRECT PAYMENTS. The department may make direct payments for foster care to a foster parent residing in a county with which the department does not have a contract authorized by Section 264.102. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 264.104. PARENT OR GUARDIAN LIABILITY. (a) The parent or guardian does not have a contract authorized by Section 264.102. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 264.104. PARENT OR GUARDIAN LIABILITY. (a) The parent or guardian of a child is liable to the state or to the county for a payment made by the state or county for foster care of a child under this subchapter. (b) The cost of foster care for a child, including medical care, is a legal obligation of the child's parents, and the estate of a parent of the child is liable to the department for payment of the costs. (c) The funds collected by the state under this section shall be used by the department for child welfare services. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 29, eff. Sept. 1, 1997. Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department shall monitor the performance of a foster parent who has been verified by the department in the department's capacity as a child-placing agency. The method under which performance is monitored must include the use of objective criteria by which the foster parent's performance may be assessed. The department shall include references to the criteria in a written agreement between the department and the foster parent concerning the foster parent's services. Added by Acts 1997, 75th Leg., ch. 1022, Sec. 92, eff. Sept. 1, 1997. Sec. 264.107. PLACEMENT OF CHILDREN. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (b) The department shall use an application or assessment developed by the department in coordination with interested parties for the placement of children in contract residential care. (c) In selecting a placement for a child, the department shall consider whether the placement is in the child's best i interested parties for the placement of children in contract residential care. (c) In selecting a placement for a child, the department shall consider whether the placement is in the child's best interest. In determining whether a placement is in a child's best interest, the department shall consider whether the placement: (1) is the least restrictive setting for the child; (2) is the closest in geographic proximity to the child's home; (3) is the most able to meet the identified needs of the child; and (4) satisfies any expressed interests of the child relating to placement, when developmentally appropriate. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015. (e) In making placement decisions, the department shall: (1) except when making an emergency placement that does not allow time for the required consultations, consult with the child's caseworker, attorney ad litem, and guardian ad litem and with any court-appointed volunteer advocate for the child; and (2) use clinical protocols to match a child to the most appropriate placement resource. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff. April 2, 2015. (g) If the department or single source continuum contractor is unable to find an appropriate placement for a child, an employee of the department or contractor who has on file with the department or contractor, as applicable, a background and criminal history check may provide temporary emergency supervision for the child. The employee may not provide temporary emergency supervision under this subsection in the employee's residence. The department or contractor shall provide notice to the court for a child placed in temporary emergency supervision under this subsection not later than the next business day after the date the child is placed in temporary emergency supervision. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2005, 79th Leg., Ch he next business day after the date the child is placed in temporary emergency supervision. 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. 1.48, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 14, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 193 (S.B. 425), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.189, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(11), eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 50, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(25), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 4, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 2, eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 5, eff. September 1, 2025. Sec. 264.1071. OFFICE STAYS PROHIBITED. The department may not allow a child to stay overnight in a department office. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 2021. Sec. 264.1072. EDUCATIONAL STABILITY. The department shall develop, in accordance with 42 U.S.C. Section 675, a plan to ensure the educational stability of a foster child. Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 7, eff. September 1, 2013. Sec. 264.1073. TREATMENT FOSTER CARE. The department and single source continuum contractors shall: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (1) lessen employment restrictions to allow single parents to participate in treatment foster care, when quality care is assured; (2) expand the eligible age for treatment foster care to include children 10 years of age or older; (3) prepare and plan for the subsequent pl n treatment foster care, when quality care is assured; (2) expand the eligible age for treatment foster care to include children 10 years of age or older; (3) prepare and plan for the subsequent placement not later than the 30th day after a child is placed in treatment foster care to assist in the transition to the least restrictive placement; and (4) extend the length of time for a treatment foster care placement. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 2021. Sec. 264.1075. ASSESSING NEEDS OF CHILD. (a) On removing a child from the child's home, the department shall use assessment services provided by a child-care facility, a child-placing agency, or the child's medical home during the initial substitute care placement. The assessment may be used to determine the most appropriate substitute care placement for the child, if needed. (b) As soon as possible after a child is placed in the managing conservatorship of the department, the department shall assess whether the child has a developmental or intellectual disability. (c) If the assessment required by Subsection (b) indicates that the child might have an intellectual disability, the department shall ensure that a referral for a determination of intellectual disability is made as soon as possible and that the determination is conducted by an authorized provider before the date of the child's 16th birthday, if practicable. If the child is placed in the managing conservatorship of the department after the child's 16th birthday, the determination of intellectual disability must be conducted as soon as possible after the assessment required by Subsection (b). In this subsection, "authorized provider" has the meaning assigned by Section 593.004, Health and Safety Code. Added by Acts 1997, 75th Leg., ch. 1022, Sec. 93, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.49, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. y Code. Added by Acts 1997, 75th Leg., ch. 1022, Sec. 93, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.49, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.190, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 51, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 3, eff. September 1, 2017. Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This section applies only to a child who has been taken into the conservatorship of the department and remains in the conservatorship of the department for more than three business days. (b) The department shall ensure that each child described by Subsection (a) receives an initial medical examination from a physician or other health care provider authorized under state law to conduct medical examinations not later than the end of the third business day after the date the child is removed from the child's home, if the child: (1) is removed as the result of sexual abuse, physical abuse, or an obvious physical injury to the child; or (2) has a chronic medical condition, a medically complex condition, or a diagnosed mental illness. (c) Notwithstanding Subsection (b), the department shall ensure that any child who enters the conservatorship of the department receives any necessary emergency medical care as soon as possible. (d) A physician or other health care provider conducting an examination under Subsection (b) may not administer a vaccination as part of the examination without parental consent, except that a physician or other health care provider may administer a tetanus vaccination to a child in a commercially available preparation if the physician or other health care provider determines that an emergency circumstance requires the administration of the vaccination. The prohibition on the administration of a vaccination under this subsection does not apply after the department has been named man rgency circumstance requires the administration of the vaccination. The prohibition on the administration of a vaccination under this subsection does not apply after the department has been named managing conservator of the child after a hearing conducted under Subchapter C, Chapter 262. (e) Whenever possible, the department shall schedule the medical examination for a child before the last business day of the appropriate time frame provided under Subsection (b). Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (f) The department shall collaborate with the commission and selected physicians and other health care providers authorized under state law to conduct medical examinations to develop guidelines for the medical examination conducted under this section, including guidelines on the components to be included in the examination. The guidelines developed under this subsection must provide assistance and guidance regarding: (1) assessing a child for: (A) signs and symptoms of child abuse and neglect; (B) the presence of acute or chronic illness; and (C) signs of acute or severe mental health conditions; (2) monitoring a child's adjustment to being in the conservatorship of the department; (3) ensuring a child has necessary medical equipment and any medication prescribed to the child or needed by the child; and (4) providing appropriate support and education to a child's caregivers. (g) Notwithstanding any other law, the guidelines developed under Subsection (f) do not create a standard of care for a physician or other health care provider authorized under state law to conduct medical examinations, and a physician or other health care provider may not be subject to criminal, civil, or administrative penalty or civil liability for failure to adhere to the guidelines. (h) The department shall make a good faith effort to contact a child's primar not be subject to criminal, civil, or administrative penalty or civil liability for failure to adhere to the guidelines. (h) The department shall make a good faith effort to contact a child's primary care physician to ensure continuity of care for the child regarding medication prescribed to the child and the treatment of any chronic medical condition. (i) Not later than December 31, 2019, the department shall submit a report to the standing committees of the house of representatives and the senate with primary jurisdiction over child protective services and foster care evaluating the statewide implementation of the medical examination required by this section. The report must include the level of compliance with the requirements of this section in each region of the state. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 15(a), eff. September 1, 2017. Sec. 264.1078. LUGGAGE FOR FOSTER CHILDREN. (a) In this section, "luggage" means a suitcase, duffel bag, backpack, or similar container designed to hold an individual's personal belongings. (b) The department shall: (1) establish and maintain a decentralized supply of luggage to be used to transport a foster child's personal belongings; and (2) develop procedures for the storage and distribution of luggage. (c) The department shall provide luggage to a child who is being removed from the child's home or changing placement. Luggage provided to a child under this subsection belongs to the child and may not be reclaimed by the department or retained by the child's foster parent. The department is not required to provide new luggage under this subsection to a child who is changing placement and has the luggage previously provided by the department. (d) The department shall maintain a record of each time a trash bag is used to move a foster child's personal belongings. The record must include the reason the department did not provide the child with appropriate luggage to move the child's of each time a trash bag is used to move a foster child's personal belongings. The record must include the reason the department did not provide the child with appropriate luggage to move the child's personal belongings. (e) Expired. (f) The department may solicit and accept gifts, grants, and donations of any kind and from any source for purposes of this section. Added by Acts 2023, 88th Leg., R.S., Ch. 540 (H.B. 3765), Sec. 2, eff. September 1, 2023. Sec. 264.1085. FOSTER CARE PLACEMENT IN COMPLIANCE WITH FEDERAL LAW REQUIRED. The department or a licensed child-placing agency making a foster care placement shall comply with the Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b). Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 52, eff. September 1, 2015. Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE CASES. (a) The placement of a child in substitute care by the department constitutes an assignment to the state of any support rights attributable to the child as of the date the child is placed in substitute care. (b) If a child placed by the department in substitute care is entitled under federal law to Title IV-D child support enforcement services without the requirement of an application for services, the department shall immediately refer the case to the Title IV-D agency. If an application for Title IV-D services is required and the department has been named managing conservator of the child, then an authorized representative of the department shall be the designated individual entitled to apply for services on behalf of the child and shall promptly apply for the services. (c) The department and the Title IV-D agency shall execute a memorandum of understanding for the implementation of the provisions of this section and for the allocation between the for the services. (c) The department and the Title IV-D agency shall execute a memorandum of understanding for the implementation of the provisions of this section and for the allocation between the department and the agency, consistent with federal laws and regulations, of any child support funds recovered by the Title IV-D agency in substitute care cases. All child support funds recovered under this section and retained by the department or the Title IV-D agency and any federal matching or incentive funds resulting from child support collection efforts in substitute care cases shall be in excess of amounts otherwise appropriated to either the department or the Title IV-D agency by the legislature. Added by Acts 1995, 74th Leg., ch. 751, Sec. 117, eff. Sept. 1, 1995. Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT STATEMENT. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (d) Before a child may be placed with a foster or adoptive parent, the prospective foster or adoptive parent must sign a written statement in which the prospective foster or adoptive parent agrees to the immediate removal of the child by the department under circumstances determined by the department. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. (h) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015. Added by Acts 1995, 74th Leg., ch. 943, Sec. 8, eff. Sept. 1, 1995. Renumbered from Family Code Sec. 264.109 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(30), eff. Sept. 1, 1997. Amended by: Act . Added by Acts 1995, 74th Leg., ch. 943, Sec. 8, eff. Sept. 1, 1995. Renumbered from Family Code Sec. 264.109 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(30), eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.192, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 53, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 54, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(28), eff. September 1, 2015. Sec. 264.112. REPORT ON CHILDREN IN SUBSTITUTE CARE. (a) The department shall report the status for children in substitute care to the executive commissioner at least once every 12 months. (b) The report shall analyze the length of time each child has been in substitute care and the barriers to placing the child for adoption or returning the child to the child's parent or parents. Added by Acts 1997, 75th Leg., ch. 600, Sec. 18, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.193, eff. April 2, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Sec. 264.113. FOSTER PARENT RECRUITMENT. (a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 19, eff. September 1, 2025. (b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 19, eff. September 1, 2025. (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 19, eff. September 1, 2025. (d) The department shall work with the Department of Assistive and Rehabilitative Services to recruit foster parents and adoptive parents who have skills, training, or experience suitable to care for children with hearing impairments. Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 16, eff. September 1, 2007. Acts 2025, 89th Leg., R.S. rments. Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 16, eff. September 1, 2007. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 19, eff. September 1, 2025. Sec. 264.114. IMMUNITY FROM LIABILITY; ADVERSE DEPARTMENTAL ACTION PROHIBITED. (a) A faith-based organization, including the organization's employees and volunteers, that participates in a program under this chapter is subject to civil liability as provided by Chapter 84, Civil Practice and Remedies Code. (b) A faith-based organization that provides financial or other assistance to a foster parent or to a member of the foster parent's household is not liable for damages arising out of the conduct of the foster parent or a member of the foster parent's household. (c) A foster parent, other substitute caregiver, family relative or other designated caregiver, or licensed child placing agency caring for a child in the managing conservatorship of the department is not liable for harm caused to the child resulting from the child's participation in an age-appropriate normalcy activity approved by the caregiver if, in approving the child's participation in the activity, the caregiver exercised the standard of care of a reasonable and prudent parent. (d) A licensed child placing agency is not subject to adverse action by the department, including contractual action or licensing or other regulatory action, arising out of the conduct of a foster parent who has exercised the standard of care of a reasonable and prudent parent. Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 5, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 6, eff. September 1, 2015. Sec. 264.115. RETURNING CHILD TO SCHOOL. (a) If the department takes possession of a child under Chapter 262 during the school year, the depa , Ch. 262 (S.B. 1407), Sec. 6, eff. September 1, 2015. Sec. 264.115. RETURNING CHILD TO SCHOOL. (a) If the department takes possession of a child under Chapter 262 during the school year, the department shall ensure that the child returns to school not later than the third school day after the date an order is rendered providing for possession of the child by the department, unless the child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible. (b) If a child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance in school infeasible, the department shall notify the school in writing that the child is unable to attend school. If the child's physical or mental condition improves so that the child's attendance in school is feasible, the department shall ensure that the child immediately returns to school. Added by Acts 2003, 78th Leg., ch. 234, Sec. 1, eff. Sept. 1, 2003. Renumbered from Family Code, Section 264.113 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(25), eff. September 1, 2005. Sec. 264.116. TEXAS FOSTER GRANDPARENT MENTORS. (a) The department shall make the active recruitment and inclusion of senior citizens a priority in ongoing mentoring initiatives. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (b) An individual who volunteers as a mentor is subject to state and national criminal background checks in accordance with Sections 411.087 and 411.114, Government Code. (c) The department shall require foster parents or employees of residential child-care facilities to provide appropriate supervision over individuals who serve as mentors during their participation in the mentoring initiative. (d) Chapter 2109, Government Code, applies to the mentoring initiative described by this section. Added by Acts 20 iduals who serve as mentors during their participation in the mentoring initiative. (d) Chapter 2109, Government Code, applies to the mentoring initiative described by this section. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005. Sec. 264.118. ANNUAL SURVEY. (a) The department shall collect and report service and outcome information for certain current and former foster care youth for use in the National Youth in Transition Database as required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 et seq. (b) The identity of each child participating in a department survey is confidential and not subject to public disclosure under Chapter 552, Government Code. The department shall adopt procedures to ensure that the identity of each child participating in a department survey remains confidential. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 7, eff. September 1, 2011. Sec. 264.120. DISCHARGE NOTICE. (a) Except as provided by Subsection (b), a substitute care provider with whom the department contracts to provide substitute care services for a child shall include in a discharge notice the following information: (1) the reason for the child's discharge; and (2) the provider's recommendation regarding a future placement for the child that would increase the child's opportunity to attain a stable placement. (b) In an emergency situation in which the department is required under the terms of the contract with the substitute care provider to remove a child within 24 hours after receiving the discharge notice, the provider must provide the information required by Subsection (a) to the department not later than 48 hours after the provider sends the discharge notice. Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 4, eff. September 1, 2013. Sec. 264.121. TRANSITIONAL LIVING SERVICES PRO han 48 hours after the provider sends the discharge notice. Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 4, eff. September 1, 2013. Sec. 264.121. TRANSITIONAL LIVING SERVICES PROGRAM. (a) The department shall address the unique challenges facing foster children in the conservatorship of the department who must transition to independent living by: (1) expanding efforts to improve transition planning and increasing the availability of transitional family group decision-making to all youth age 14 or older in the department's permanent managing conservatorship, including enrolling the youth in the Preparation for Adult Living Program before the age of 16; (2) coordinating with the commission to obtain authority, to the extent allowed by federal law, the state Medicaid plan, the Title IV-E state plan, and any waiver or amendment to either plan, necessary to: (A) extend foster care eligibility and transition services for youth up to age 21 and develop policy to permit eligible youth to return to foster care as necessary to achieve the goals of the Transitional Living Services Program; and (B) extend Medicaid coverage for foster care youth and former foster care youth up to age 21 with a single application at the time the youth leaves foster care; (3) entering into cooperative agreements with the Texas Workforce Commission and local workforce development boards to further the objectives of the Preparation for Adult Living Program. The department, the Texas Workforce Commission, and the local workforce development boards shall ensure that services are prioritized and targeted to meet the needs of foster care and former foster care children and that such services will include, where feasible, referrals for short-term stays for youth needing housing; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (4) addressing barriers to particip housing; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (4) addressing barriers to participation in the Preparation for Adult Living Program for a youth who has a disability by making appropriate accommodations that allow the youth to meaningfully participate in the program; and (5) documenting in the youth's case file any accommodations made under Subdivision (4). (a-1) The department shall require a foster care provider to provide or assist youth who are age 14 or older in obtaining experiential life-skills training to improve their transition to independent living. Experiential life-skills training must be tailored to a youth's skills and abilities and must include training in practical activities that include grocery shopping, meal preparation and cooking, performing basic household tasks, and, when appropriate, using public transportation. (a-2) The experiential life-skills training under Subsection (a-1) must include: (1) a financial literacy education program developed in collaboration with the Office of Consumer Credit Commissioner and the State Securities Board that: (A) includes instruction on: (i) obtaining and interpreting a credit score, including information about different scores produced by credit reporting agencies; (ii) protecting, repairing, and improving a credit score; (iii) the risks of payday loans, unsecured loans, and motor vehicle title loans; (iv) avoiding predatory lending practices, including an explanation of interest rates and usurious interest; (v) identifying and avoiding financial scams; (vi) saving money and accomplishing financial goals through prudent financial management practices; (vii) using basic banking and accounting skills, including opening and using a bank account, balancing a checkbook, and creating a balanced budget; (viii) using debit and credit cards responsibly; (ix) understanding a paych and accounting skills, including opening and using a bank account, balancing a checkbook, and creating a balanced budget; (viii) using debit and credit cards responsibly; (ix) understanding a paycheck and items withheld from a paycheck; (x) understanding the time requirements and process for filing federal taxes; (xi) protecting financial, credit, and personally identifying information in personal and professional relationships and online; (xii) forms of identity and credit theft; and (xiii) using insurance to protect against the risk of financial loss; and (B) assists a youth who has a source of income to: (i) establish a savings plan and, if available, a savings account that the youth can independently manage; and (ii) prepare a monthly budget that includes the following expenses: (a) rent based on the monthly rent for an apartment advertised for lease during the preceding month; (b) utilities based on a reasonable utility bill in the area in which the youth resides; (c) telephone service based on a reasonable bill for telephone service in the area in which the youth resides; (d) Internet service based on a reasonable bill for Internet service in the area in which the youth resides; and (e) other reasonable monthly expenses; and (2) for youth who are 17 years of age or older, lessons related to: (A) financing a motor vehicle, including information about the types of financing available for the purchase of a motor vehicle and the risks of subprime and buy-here-pay-here motor vehicle loans; (B) insurance, including applying for and obtaining motor vehicle insurance and residential property insurance, including tenants insurance; (C) civic engagement, including the process for registering to vote, the places to vote, and resources for information regarding upcoming elections; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (D) the docu garding upcoming elections; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (D) the documents the youth is required to receive under Subsection (e-1) prior to being discharged from foster care and how those documents may be used. (a-3) The department shall conduct an independent living skills assessment for all youth in the department's conservatorship who are 16 years of age or older. (a-4) The department shall conduct an independent living skills assessment for all youth in the department's permanent managing conservatorship who are at least 14 years of age but younger than 16 years of age. (a-5) The department shall annually update the assessment for each youth assessed under Subsections (a-3) and (a-4) to determine the independent living skills the youth learned during the preceding year to ensure that the department's obligation to prepare the youth for independent living has been met. The department shall conduct the annual update through the youth's plan of service in coordination with the youth, the youth's caseworker, the staff of the Preparation for Adult Living Program, and the youth's caregiver. (a-7) The department shall ensure that before a youth leaves foster care, each youth who is 14 years of age or older has an e-mail address through which the youth may receive encrypted copies of personal documents and records. (b) In this section: (1) "Local workforce development board" means a local workforce development board created under Chapter 2308, Government Code. (2) "Preparation for Adult Living Program" means a program administered by the department as a component of the Transitional Living Services Program and includes independent living skills assessment, short-term financial assistance, basic self-help skills, and life-skills development and training regarding money management, health and wellness, job skills, planni endent living skills assessment, short-term financial assistance, basic self-help skills, and life-skills development and training regarding money management, health and wellness, job skills, planning for the future, housing and transportation, and interpersonal skills. (3) "Transitional Living Services Program" means a program, administered by the department in accordance with department rules and state and federal law, for youth who are age 14 or older but not more than 21 years of age and are currently or were formerly in foster care, that assists youth in transitioning from foster care to independent living. The program provides transitional living services, Preparation for Adult Living Program services, and Education and Training Voucher Program services. (c) At the time a child enters the Preparation for Adult Living Program, the department shall provide an information booklet to the child and the foster parent describing the program and the benefits available to the child, including extended Medicaid coverage until age 21, priority status with the Texas Workforce Commission, and the exemption from the payment of tuition and fees at institutions of higher education as defined by Section 61.003, Education Code. The information booklet provided to the child and the foster parent shall be provided in the primary language spoken by that individual. (d) The department shall allow a youth who is at least 18 years of age to receive transitional living services, other than foster care benefits, while residing with a person who was previously designated as a perpetrator of abuse or neglect if the department determines that despite the person's prior history the person does not pose a threat to the health and safety of the youth. (e) The department shall ensure that each youth acquires a copy and a certified copy of the youth's birth certificate, a social security card or replacement social security card, as appropriate, and a personal identification ensure that each youth acquires a copy and a certified copy of the youth's birth certificate, a social security card or replacement social security card, as appropriate, and a personal identification certificate under Chapter 521, Transportation Code, on or before the date on which the youth turns 16 years of age. The department shall designate one or more employees in the Preparation for Adult Living Program as the contact person to assist a youth who has not been able to obtain the documents described by this subsection in a timely manner from the youth's primary caseworker. The department shall ensure that: (1) all youth who are age 16 or older are provided with the contact information for the designated employees; and (2) a youth who misplaces a document provided under this subsection receives assistance in obtaining a replacement document or information on how to obtain a duplicate copy, as appropriate. (e-1) If, at the time a youth is discharged from foster care, the youth is at least 18 years of age or has had the disabilities of minority removed, the department shall provide to the youth, not later than the 30th day before the date the youth is Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE discharged from foster care, the following information and documents unless the youth already has the information or document: (1) the youth's birth certificate; (2) the youth's immunization records; (3) the information contained in the youth's health passport; (4) a personal identification certificate under Chapter 521, Transportation Code; (5) a social security card or a replacement social security card, if appropriate; and (6) a Medicaid card or other proof of the youth's enrollment in Medicaid or an insurance card from a health plan that provides health coverage to foster youth. (e-2) When providing a youth with a document required by Subsec her proof of the youth's enrollment in Medicaid or an insurance card from a health plan that provides health coverage to foster youth. (e-2) When providing a youth with a document required by Subsection (e-1), the department shall provide the youth with a copy and a certified copy of the document or with the original document, as applicable. (e-3) When obtaining a copy of a birth certificate to provide to a foster youth or assisting a foster youth in obtaining a copy of a birth certificate, the department shall obtain the birth certificate from the state registrar. If the department is unable to obtain the birth certificate from the state registrar, the department may obtain the birth certificate from a local registrar or county clerk. (e-4) The youth's caseworker shall: (1) assist the youth with developing a plan for keeping the documents described by Subsection (e) in a safe place; and (2) inform the youth about the documents the youth is required to receive before the date the youth is discharged from foster care. (f) The department shall require a person with whom the department contracts for transitional living services for foster youth to provide or assist youth in obtaining: (1) housing services; (2) job training and employment services; (3) college preparation services; (4) services that will assist youth in obtaining a general education development certificate; (5) services that will assist youth in developing skills in food preparation; (6) nutrition education that promotes healthy food choices; (7) a savings or checking account if the youth is at least 18 years of age and has a source of income; (8) mental health services; (9) financial literacy education and civic engagement lessons required under Subsection (a-2); and (10) any other appropriate transitional living service identified by the department. (g) For a youth taking prescription medication, the department shall ensure that the youth's transition plan includes provisions ppropriate transitional living service identified by the department. (g) For a youth taking prescription medication, the department shall ensure that the youth's transition plan includes provisions to assist the youth in managing the use of the medication and in managing the child's long-term physical and mental health needs after leaving foster care, including: (1) provisions that inform the youth about: (A) the use of the medication; (B) the resources that are available to assist the youth in managing the use of the medication; and (C) informed consent and the provision of medical care in accordance with Section 266.010(l); and (2) for each youth who is 17 years of age or older and preparing to leave foster care, a program supervised by a health care professional to assist the youth with independently managing the youth's medication. (h) An entity with which the department contracts for transitional living services for foster youth shall, when appropriate, partner with a community-based organization to assist the entity in providing the transitional living services. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 11 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (i) The department shall ensure that the transition plan for each youth 16 years of age or older includes provisions to assist the youth in managing the youth's housing needs after the youth leaves foster care, including provisions that: (1) identify the cost of housing in relation to the youth's sources of income, including any benefits or rental assistance available to the youth; (2) if the youth's housing goals include residing with family or friends, state that the department has addressed the following with the youth: (A) the length of time the youth expects to stay in the housing arrangement; (B) expectations for the youth regarding paying rent and meeting other household obligations; (C) the youth's psychological and emoti th of time the youth expects to stay in the housing arrangement; (B) expectations for the youth regarding paying rent and meeting other household obligations; (C) the youth's psychological and emotional needs, as applicable; and (D) any potential conflicts with other household members, or any difficulties connected to the type of housing the youth is seeking, that may arise based on the youth's psychological and emotional needs; (3) inform the youth about emergency shelters and housing resources, including supervised independent living and housing at colleges and universities, such as dormitories; (4) require the department to review a common rental application and a common rental contract with the youth and ensure that the youth possesses all of the documentation required to obtain rental housing; and (5) identify any individuals who are able to serve as cosigners or references on the youth's applications for housing. (j) The department shall ensure that the transition plan for each youth 16 years of age or older includes information about securing or transferring governmental assistance the youth may qualify for, including: (1) social security benefits; (2) veteran or service member benefits; (3) supplemental nutrition assistance; (4) special supplemental nutrition assistance for women, infants, and children; (5) temporary assistance for needy families; and (6) housing assistance. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.51, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 17, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 407 (H.B. 1912), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 407 (H.B. 1912), Sec. 2, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 168 (S.B. 1589), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 6, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 342 (H.B. 2111), Sec. 1, eff. June 1 168 (S.B. 1589), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 6, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 342 (H.B. 2111), Sec. 1, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.194, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 81 (S.B. 1117), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 55, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 56, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 7.004, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 7.005, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(18), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 6, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 707 (H.B. 53), Sec. 1, eff. September 1, 2019. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 12 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Acts 2019, 86th Leg., R.S., Ch. 1024 (H.B. 123), Sec. 1, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 793 (H.B. 700), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 463 (H.B. 4655), Sec. 1, eff. September 1, 2025. Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM. (a) The department shall collaborate with local workforce development boards, foster care transition centers, community and technical colleges, schools, and any other appropriate workforce industry resources to create a program that: (1) assists foster care youth and former foster care youth in obtaining: (A) a high school diploma or a high school equivalency certificate; and (B) industry certifications that are necessary for occupations that are in high demand; (2) provides career guidance to foster care youth and former foster care youth; and (3) informs foster ; and (B) industry certifications that are necessary for occupations that are in high demand; (2) provides career guidance to foster care youth and former foster care youth; and (3) informs foster care youth and former foster care youth about the tuition and fee waivers for institutions of higher education that are available under Section 54.366, Education Code. Added by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 3, eff. June 1, 2017. Sec. 264.1212. FACILITATION OF TRANSITION TO INSTITUTION OF HIGHER EDUCATION. (a) In this section, "community resource coordination group" means a coordination group established under a memorandum of understanding under Subchapter D, Chapter 522, Government Code. (b) A department employee who is a member of a community resource coordination group shall inform the group about the tuition and fee waivers for institutions of higher education that are available to eligible children in foster care under Section 54.366, Education Code. (c) Each school district, in coordination with the department, shall facilitate the transition of each child enrolled in the district who is eligible for a tuition and fee waiver under Section 54.366, Education Code, and who is likely to be in the conservatorship of the department on the day preceding the child's 18th birthday to an institution of higher education by: (1) assisting the child with the completion of any applications for admission or for financial aid; (2) arranging and accompanying the child on campus visits; (3) assisting the child in researching and applying for private or institution-sponsored scholarships; (4) identifying whether the child is a candidate for appointment to a military academy; (5) assisting the child in registering and preparing for college entrance examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by the department; and (6) coordinating contact between the child and a liaison o nce examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by the department; and (6) coordinating contact between the child and a liaison officer designated under Section 61.0908, Education Code, for students who were formerly in the department's conservatorship. Added by Acts 2017, 85th Leg., R.S., Ch. 333 (H.B. 928), Sec. 1, eff. June 1, 2017. Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(16), eff. September 1, 2019. Amended by: Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.10, eff. April 1, 2025. Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT OF FOSTER CARE. The department in cooperation with volunteer advocates from a charitable organization described by Subchapter C, Chapter 107, and the Department of Public Safety shall develop procedures to ensure that a foster child obtains a driver's license or personal identification card before the child leaves the conservatorship of the department. Added by Acts 2017, 85th Leg., R.S., Ch. 1076 (H.B. 3338), Sec. 1, eff. June 15, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 13 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(17), eff. September 1, 2019. Sec. 264.1214. HOUSING FOR HOMELESS YOUTH AGING OUT OF FOSTER CARE. (a) For a youth who will voluntarily enter extended foster care on the youth's 18th birthday, the youth's caseworker shall, not later than six months before the youth's 18th birthday, complete any necessary transitional living or supervised independent living paperwork to ensure the youth has housing on the date the youth enters extended foster care. Not later than the 90th day before the youth's 18th birthday, the caseworker shall review the qualifications and r to ensure the youth has housing on the date the youth enters extended foster care. Not later than the 90th day before the youth's 18th birthday, the caseworker shall review the qualifications and requirements for the youth's housing. (b) If a youth intends to continue living with the youth's substitute care provider after the youth's 18th birthday, the department shall waive any background check otherwise required for the youth to remain living with the substitute care provider. (c) For a youth who continues living with the youth's substitute care provider after the youth's 18th birthday, the youth may share a bedroom with another youth who is 16 years of age or older provided the age difference between the youths does not exceed two years. (d) A substitute care provider who prohibits a youth from living in the facility after the youth's 18th birthday shall notify the youth's caseworker of that fact: (1) not later than: (A) the 90th day before the youth's 18th birthday if the facility is a foster home; or (B) six months before the youth's 18th birthday if the facility is a cottage family home or general residential operation; or (2) as soon as possible if the youth is placed in a foster home, cottage family home, or general residential operation less than six months before the youth's 18th birthday. (e) After receiving notice under Subsection (d), the youth's caseworker shall verbally communicate with the youth about the youth's living arrangements and document the substance of the communication in the youth's case file. (f) The department shall assist a youth living in a supervised independent living program arrangement to develop a rental history by allowing the youth to cosign the lease for the youth's housing provided the property owner does not object. (g) The department by rule shall establish a protocol that may be implemented for a youth to prevent the youth from aging out of a residential treatment center. The protocol, if implemented, object. (g) The department by rule shall establish a protocol that may be implemented for a youth to prevent the youth from aging out of a residential treatment center. The protocol, if implemented, must be implemented not later than the youth's 17th birthday or at the time the youth is placed in a residential treatment center after the youth's 17th birthday. Added by Acts 2021, 87th Leg., R.S., Ch. 793 (H.B. 700), Sec. 2, eff. September 1, 2021. For expiration of this section, see Subsection (i). Sec. 264.1215. PILOT PROGRAM FOR FINANCIAL TRANSITIONAL LIVING SERVICES. (a) The department shall establish a pilot program to assist foster youth to achieve financial security and independence as the youth transition to independent living. (b) The department shall enter into an agreement with one or more banks, credit unions, or other financial institutions to establish savings and checking accounts for foster youth who are at least 14 but not more than 21 years of age and participate in the pilot program. The agreement must include the following terms: (1) notwithstanding Section 34.305(c), Finance Code, a requirement that foster youth participating in the program are the sole owner of the savings and checking accounts and may establish savings and checking accounts without a co-signor; (2) a requirement that the department and the bank, credit union, or other financial institution together encourage the foster youth participating in the program to open or continue private savings and checking accounts once the participants are no longer eligible for the program; (3) procedures to ensure the participants maintain ownership and control of the account at the time the participants exit the program; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 14 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (4) a requirement that the bank, credit union, or other financial institution provide to participants i ess., 2025) Page 14 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (4) a requirement that the bank, credit union, or other financial institution provide to participants in the program a checking and savings account that does not require maintenance fees and cannot incur overdraft fees, nonsufficient funds fees, inactivity fees, or any other penalty fees; and (5) options to make financial coaching or mentoring available to foster youth participating in the pilot program. (c) The department may seek to partner with persons, including nonprofit organizations or foundations, to match the amounts of money deposited into the foster youth savings accounts under the pilot program. The matching funds must be deposited directly into a youth's savings account. (d) The department and a person selected as a partner under Subsection (c) may jointly establish incentives to provide financial rewards to foster youth for actions performed by the youth. (e) The department shall survey each foster youth who enters and exits the pilot program. The survey must be designed to assess any changes in the youth's attitudes, perceptions, and knowledge about financial matters from the time the youth entered the program until the youth exited the program. (f) The department shall complete an evaluation of the pilot program and submit a report on the evaluation of the pilot program conducted under this section to the governor, lieutenant governor, and speaker of the house of representatives as soon as the evaluation is complete but not later than December 31, 2027. (g) A foster youth may not be denied the rights granted under Section 264.0111 to control money earned by the youth that is deposited into a savings or checking account under the pilot program. (h) If the department is unable to enter into an agreement with a bank, credit union, or other financial institution, the department shall include in the report required under Subsection (f) a desc (h) If the department is unable to enter into an agreement with a bank, credit union, or other financial institution, the department shall include in the report required under Subsection (f) a description of any legal or practical barriers that must be addressed to ensure foster youth are able to participate in the pilot program and establish savings and checking accounts before the foster youth are no longer eligible for foster care services. (i) This section expires January 1, 2028. Added by Acts 2023, 88th Leg., R.S., Ch. 1101 (S.B. 1379), Sec. 1, eff. September 1, 2023. Sec. 264.122. COURT APPROVAL REQUIRED FOR TRAVEL OUTSIDE UNITED STATES BY CHILD IN FOSTER CARE. (a) A child for whom the department has been appointed managing conservator and who has been placed in foster care may travel outside of the United States only if the person with whom the child has been placed has petitioned the court for, and the court has rendered an order granting, approval for the child to travel outside of the United States. (b) The court shall provide notice to the department and to any other person entitled to notice in the suit if the court renders an order granting approval for the child to travel outside of the United States under this section. Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 18, eff. September 1, 2007. Sec. 264.123. REPORTS CONCERNING CHILDREN WHO ARE MISSING OR VICTIMS OF SEX TRAFFICKING. (a) If a child in the department's managing conservatorship is missing from the child's substitute care provider, including a child who is abducted or is a runaway, the department shall notify the following persons that the child is missing: (1) the appropriate law enforcement agencies; (2) the court with jurisdiction over the department's managing conservatorship of the child; (3) the child's attorney ad litem; (4) the child's guardian ad litem; and (5) the child's parent unless the parent: (A) cannot be located or contacted; (B s managing conservatorship of the child; (3) the child's attorney ad litem; (4) the child's guardian ad litem; and (5) the child's parent unless the parent: (A) cannot be located or contacted; (B) has had the parent's parental rights terminated; or (C) has executed an affidavit of relinquishment of parental rights. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 15 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (b) The department shall provide the notice required by Subsection (a) not later than 24 hours after the time the department learns that the child is missing or as soon as possible if a person entitled to notice under that subsection cannot be notified within 24 hours. (c) If a child has been reported as a missing child under Subsection (a), the department shall notify the persons described by Subsection (a) when the child returns to the child's substitute care provider not later than 24 hours after the time the department learns that the child has returned or as soon as possible if a person entitled to notice cannot be notified within 24 hours. (d) The department shall make continuing efforts to determine the location of a missing child until the child returns to substitute care, including: (1) contacting on a monthly basis: (A) the appropriate law enforcement agencies; (B) the child's relatives; (C) the child's former caregivers; and (D) any state or local social service agency that may be providing services to the child; and (2) conducting a supervisory-level review of the case on a quarterly basis if the child is 15 years of age or younger to determine whether sufficient efforts have been made to locate the child and whether other action is needed. (e) The department shall document in the missing child's case record: (1) the actions taken by the department to: (A) determine the location of the child; and (B) persuade the child to return to substitute care; (2) any discuss nt in the missing child's case record: (1) the actions taken by the department to: (A) determine the location of the child; and (B) persuade the child to return to substitute care; (2) any discussion during, and determination resulting from, the supervisory-level review under Subsection (d)(2); (3) any discussion with law enforcement officials following the return of the child regarding the child's absence; and (4) any discussion with the child described by Subsection (f). (f) After a missing child returns to the child's substitute care provider, the department shall interview the child to determine the reasons why the child was missing, where the child stayed during the time the child was missing, and whether, while missing, the child was a victim of conduct that constitutes an offense under Section 20A.02(a)(7), Penal Code. The department shall report to an appropriate law enforcement agency any disclosure made by a child that indicates that the child was the victim of a crime during the time the child was missing. The department shall make a report under this subsection not later than 24 hours after the time the disclosure is made. The department is not required to interview a missing child under this subsection if, at the time the child returns, the department knows that the child was abducted and another agency is investigating the abduction. (g) The department shall collect information on each child in the department's managing conservatorship who is missing from the child's substitute care provider and on each child who, while in the department's managing conservatorship, is a victim of conduct that constitutes an offense under Section 20A.02(a)(7), Penal Code. The collected information must include information on: (1) whether the managing conservatorship of the department is temporary or permanent; (2) the type of substitute care in which the child is placed; and (3) the child's sex, age, race, and ethnicity and the department region in ervatorship of the department is temporary or permanent; (2) the type of substitute care in which the child is placed; and (3) the child's sex, age, race, and ethnicity and the department region in which the child resides. (h) The department shall prepare an annual report on the information collected under Subsection (g) and make the report available on the department's Internet website. The report may not include any individually identifiable information regarding a child who is the subject of information in the report. Added by Acts 2011, 82nd Leg., R.S., Ch. 1130 (H.B. 943), Sec. 1, eff. September 1, 2011. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 16 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE Acts 2015, 84th Leg., R.S., Ch. 713 (H.B. 1217), Sec. 2, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 713 (H.B. 1217), Sec. 3, eff. September 1, 2015. Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this section, "day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than the child's foster parent for less than 24 hours a day, but at least two hours a day, three or more days a week. (b) The department, in accordance with department rules, shall implement a process to verify that each foster parent who is seeking monetary assistance from the department for day care for a foster child has attempted to find appropriate day-care services for the foster child through community services, including Head Start programs, prekindergarten classes, and early education programs offered in public schools. The department shall specify the documentation the foster parent must provide to the department to demonstrate compliance with the requirements established under this subsection. (c) Except as provided by Subsection (d), the department may not provide monetary assistance to a foster parent for day ca nstrate compliance with the requirements established under this subsection. (c) Except as provided by Subsection (d), the department may not provide monetary assistance to a foster parent for day care for a foster child unless the department receives the verification required under Subsection (b). (d) The department may provide monetary assistance to a foster parent for a foster child without the verification required under Subsection (b) if the department determines the verification would prevent an emergency placement that is in the child's best interest. Added by Acts 2013, 83rd Leg., R.S., Ch. 423 (S.B. 430), Sec. 1, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.195, eff. April 2, 2015. Sec. 264.125. AGE-APPROPRIATE NORMALCY ACTIVITIES; STANDARD OF CARE. (a) The department shall use its best efforts to normalize the lives of children in the managing conservatorship of the department by allowing substitute caregivers, without the department's prior approval, to make decisions similar to those a parent would be entitled to make regarding a child's participation in age-appropriate normalcy activities. (b) In determining whether to allow a child in the managing conservatorship of the department to participate in an activity, a substitute caregiver must exercise the standard of care of a reasonable and prudent parent. (c) The department shall adopt and implement policies consistent with this section promoting a substitute caregiver's ability to make decisions described by Subsection (a). The department shall identify and review any departmental policy or procedure that may impede a substitute caregiver's ability to make such decisions. (d) The department shall require licensed child placing agency personnel, residential child care licensing staff, conservatorship caseworkers, and other persons as may be determined by the department to complete a course of training regarding: (1) the importance of a ch residential child care licensing staff, conservatorship caseworkers, and other persons as may be determined by the department to complete a course of training regarding: (1) the importance of a child's participation in age-appropriate normalcy activities and the benefits of such activities to a child's well-being, mental health, and social, emotional, and developmental growth; and (2) substitute caregiver decision-making under the standard of care of a reasonable and prudent parent. Added by Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 7, eff. September 1, 2015. Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In this section, "community-based care" has the meaning assigned by Section 264.152. (b) Appropriate department management personnel from a child protective services region in which community-based care has not been implemented, in collaboration with foster care providers, faith-based organizations, and child advocates in that region, shall use data collected by the department on foster care capacity needs and availability of each type of foster care and kinship placement in the region to create a plan to address the substitute care capacity needs in the region. The plan must identify both short-term and long-term goals and strategies for addressing those capacity needs. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 17 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (b-1) Notwithstanding Section 264.0011, the Health and Human Services Commission, in collaboration with the department and each single source continuum contractor in this state, shall develop a plan to increase the placement capacity in each catchment area of the state with the goal of eliminating the need to place a child outside of the child's community. In developing the plan, the commission shall: (1) evaluate whether contracting for additional capacity at residential treatment centers, facilities that ace a child outside of the child's community. In developing the plan, the commission shall: (1) evaluate whether contracting for additional capacity at residential treatment centers, facilities that provide mental inpatient or outpatient beds for crisis intervention and stabilization purposes only for children with severe behavioral health or mental health needs, and other potential temporary placement options provides the best methods for meeting capacity shortages; and (2) make a recommendation to the department regarding contracting for additional capacity. (b-2) A plan developed under Subsection (b-1) that includes the use of an inpatient or outpatient mental health facility must require the facility to discharge a child placed in the facility not later than 72 hours after the treating health care provider determines it is not medically necessary for the child to remain in the facility. (b-3) The plan developed under Subsection (b-1) must include information and contingency plans to ensure adequate capacity in other facilities to meet placement needs when a facility is placed on probation. (b-4) The department and each single source continuum contractor shall contract with facilities for reserve beds to ensure the department may place each child in a facility if capacity is otherwise unavailable. (c) A foster care capacity needs plan developed under Subsection (b) must be: (1) submitted to and approved by the commissioner; and (2) updated annually. (d) The department shall publish each initial foster care capacity needs plan and each annual update to a plan on the department's Internet website. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 17(a), eff. September 1, 2017. Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 4, eff. September 1, 2017. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. June 14, 2021. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. Jun 4, eff. September 1, 2017. Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. June 14, 2021. Amended by: Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. June 14, 2021. Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(b), eff. June 14, 2021. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 6, eff. September 1, 2025. Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE. (a) In this section, "community-based care" has the meaning assigned by Section 264.152. (b) In regions of the state where community-based care has not been implemented, the department shall: (1) collaborate with child-placing agencies to implement the single child plan of service model developed under the single child plan of service initiative; and (2) ensure that a single child plan of service is developed for each child in foster care in those regions. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 17(a), eff. September 1, 2017. Sec. 264.130. PREGNANCY AND PARENTING INFORMATION. The department at developmentally appropriate stages shall ensure that children in the managing conservatorship of the department who are pregnant or who are minor parents receive information on and support in providing safe environments for children, including information and support regarding: (1) safe sleeping arrangements; (2) suggestions for childproofing potentially dangerous settings in a home; (3) child development and methods to cope with challenging behaviors; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 18 --- TEXAS FAMILY CODE Chapter 264, Subchapter B — FOSTER CARE (4) selection of appropriate substitute caregivers; (5) a child's early brain development, including the importance of meeting an infant's developmental needs by providing positive experiences and avoiding adverse experiences; (6) the importance of paternal involvement in a child's life and methods for coparen ce of meeting an infant's developmental needs by providing positive experiences and avoiding adverse experiences; (6) the importance of paternal involvement in a child's life and methods for coparenting; (7) the benefits of reading, singing, and talking to young children; (8) the importance of prenatal and postpartum care for both the mother and infant, including the impact of and signs for perinatal mood disorders; (9) infant nutrition and the importance of breastfeeding; and (10) healthy relationships, including the prevention of intimate partner violence. Added by Acts 2019, 86th Leg., R.S., Ch. 1033 (H.B. 475), Sec. 1, eff. September 1, 2019. Sec. 264.131. USE OF FOSTER CHILD DNA FOR CERTAIN PURPOSES PROHIBITED. The department may not collect or use a DNA sample from a child in the managing conservatorship of the department for any purpose without: (1) the written consent of an adult having actual care, control, and possession of the child as the child's primary caregiver; or (2) a court order. Added by Acts 2025, 89th Leg., R.S., Ch. 677 (H.B. 5149), Sec. 1, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 19