Tex. Fam. Code § 264.201 et seq.

TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES CHAPTER 264 • CHILD WELFARE SERVICES Subchapter C: CHILD AND FAMILY SERVICES Sec. 264.201. SERVICES BY DEPARTMENT. (a) When the department provides services directly or by contract to an abused or neglected child and the child's family, the services shall be designed to: (1) prevent further abuse; (2) alleviate the effects of the abuse suffered; (3) prevent removal of the child from the home; and (4) provide reunification services when appropriate for the return of the child to the home. (b) The department shall emphasize ameliorative services for sexually abused children. (c) The department shall provide or contract for necessary services to an abused or neglected child and the child's family without regard to whether the child remains in or is removed from the family home. If parental rights have been terminated, services may be provided only to the child. (d) The services may include in-home programs, parenting skills training, youth coping skills, and individual and family counseling. If the department requires or a court orders parenting skills training services through a parenting education program or practice, the program or practice must be an evidence-based program or practice or promising program or practice that is provided in the community in which the family resides, if available. (e) The department may not provide and a court may not order the department to provide supervision for visitation in a child custody matter unless the department is a petitioner or intervener in the underlying suit. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 28, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 49, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 1, ef , 76th Leg., ch. 1150, Sec. 28, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 49, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(6), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 1, eff. September 1, 2021. Sec. 264.2011. ENHANCED IN-HOME SUPPORT PROGRAM. (a) To the extent that funding is available, the department shall develop a program to strengthen families through enhanced in-home support. The program shall assist certain low-income families and children in child neglect cases in which poverty is believed to be a significant underlying cause of the neglect and in which the enhancement of in-home support appears likely to prevent removal of the child from the home or to speed reunification of the child with the family. (b) A family that meets eligibility criteria for inclusion in the program is eligible to receive limited funding from a flexible fund account to cover nonrecurring expenses that are designed to help the family accomplish the objectives included in the family's service plan. (c) The executive commissioner shall adopt rules establishing: (1) specific eligibility criteria for the program described in this section; (2) the maximum amount of money that may be made available to a family through the flexible fund account; and (3) the purposes for which money made available under the program may be spent. (d) The department shall evaluate the results of the program to determine whether the program is successful in safely keeping families together. If the department determines that the program is successful, the department shall continue the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD A s successful, the department shall continue the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES program to the extent that funding is available. Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 19, eff. September 1, 2007. Sec. 264.2015. FAMILY GROUP CONFERENCING. The department may collaborate with the courts and other appropriate local entities to develop and implement family group conferencing as a strategy for promoting family preservation and permanency for children. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.52, eff. September 1, 2005. Sec. 264.202. STANDARDS AND EFFECTIVENESS. (a) The department, with assistance from national organizations with expertise in child protective services, shall define a minimal baseline of in-home and foster care services for abused or neglected children that meets the professionally recognized standards for those services. The department shall attempt to provide services at a standard not lower than the minimal baseline standard. (b) The department, with assistance from national organizations with expertise in child protective services, shall develop outcome measures to track and monitor the effectiveness of in-home and foster care services. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 264.203. REQUIRED PARTICIPATION. (a) The department may file a suit requesting the court to render a temporary order requiring the parent, managing conservator, guardian, or other member of the child's household to: (1) participate in the services for which the department makes a referral or services the department provides or purchases for: (A) alleviating the effects of the abuse or neglect that has occurred; (B) reducing a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managin iating the effects of the abuse or neglect that has occurred; (B) reducing a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; or (C) reducing a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or member of the child's household; and (2) permit the child and any siblings of the child to receive the services. (b) A suit requesting an order under this section may be filed in a court with jurisdiction to hear the suit in the county in which the child is located. (c) Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit. (d) The petition shall be supported by a sworn affidavit by a person based on personal knowledge and stating facts sufficient to support a finding that: (1) the child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and (2) there is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household unless that person participates in services requested by the department. (e) In a suit filed under this section, the court may render a temporary restraining order as provided by Section 105.001, except that the court may not issue an order that places the child: (1) outside of the child's home; or (2) in the conservatorship of the department. (f) The court shall hold a hearing on the petition not later than the 14th day after the date the petition is filed unless the court finds good cause for extending that date for not more than 14 days. (g) The court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearin d cause for extending that date for not more than 14 days. (g) The court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearing to ensure adequate representation of the child. The attorney ad litem for the child shall have the powers and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES duties of an attorney ad litem for a child under Chapter 107. (h) The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in services is being requested immediately after the filing but before the hearing to ensure adequate representation of the parent. The attorney ad litem for the parent shall have the powers and duties of an attorney ad litem for a parent under Section 107.0131. (i) Before commencement of the hearing, the court shall inform each parent of: (1) the parent's right to be represented by an attorney; and (2) for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney. (j) If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the court determines the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation. If the court determines the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and sh rests of the parent may continue the representation. If the court determines the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and shall order the parent to pay the cost of the attorney ad litem's representation. (k) The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem's discharge to allow the parent to hire an attorney or to provide the parent's attorney time to prepare for the subsequent proceeding. (l) An order may be rendered under this section only after notice and hearing. (m) At the conclusion of the hearing, the court shall deny the petition unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that: (1) abuse or neglect has occurred or there is a substantial risk of abuse or neglect or continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; and (2) services are necessary to ensure the physical health or safety of the child. (n) If the court renders an order granting the petition, the court shall: (1) state its findings in the order; (2) make appropriate temporary orders under Chapter 105 necessary to ensure the safety of the child, except that the court may not issue a temporary order that places the child: (A) outside of the child's home; or (B) in the conservatorship of the department; and (3) order the participation in specific services narrowly tailored to address the findings made by the court under Subsection (m). (o) If the court finds that a parent, managing conservator, guardian, or other member of the child's household did not cause the continuing danger to the physical health or safety of the child or the substantial risk of abuse or neglect, or was not the perpetrator of the abuse or neglect alleged, s household did not cause the continuing danger to the physical health or safety of the child or the substantial risk of abuse or neglect, or was not the perpetrator of the abuse or neglect alleged, the court may not require that person to participate in services ordered under Subsection (n). (p) Not later than the 90th day after the date the court renders an order under this section, the court shall hold a hearing to review the status of each person required to participate in the services and the child and the services provided, purchased, or referred. The court shall set subsequent review hearings every 90 days to review the continued need for the order. (q) An order rendered under this section expires on the 180th day after the date the order is signed unless the court extends the order as provided by Subsection (r) or (s). Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES (r) The court may extend an order rendered under this section on a showing by the department of a continuing need for the order, after notice and hearing. Except as provided by Subsection (s), the court may extend the order only one time for not more than 180 days. (s) The court may extend an order rendered under this section for not more than an additional 180 days only if: (1) the court finds that: (A) the extension is necessary to allow the person required to participate in services under the plan of service time to complete those services; (B) the department made a good faith effort to timely provide the services to the person; (C) the person made a good faith effort to complete the services; and (D) the completion of the services is necessary to ensure the physical health and safety of the child; and (2) the extension is requested by the person or the person's attorney. (t) At any time, a person affected by the order may request the court to terminate t ysical health and safety of the child; and (2) the extension is requested by the person or the person's attorney. (t) At any time, a person affected by the order may request the court to terminate the order. The court shall terminate the order on finding the order is no longer needed. 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. 1.55, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 20, eff. September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 12, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 6, eff. September 1, 2023. Sec. 264.2031. SELECTION OF SERVICE PROVIDER; REIMBURSEMENT. (a) A parent, managing conservator, guardian, or other member of a household ordered to participate in services under Section 264.203(a) may obtain those services from a qualified provider selected by the person. (b) A managing conservator, guardian, or other member of a household who is not a parent and who obtains services from a provider selected by the person is responsible for the cost of those services. (c) A parent, managing conservator, guardian, or other member of a household who successfully completes the services ordered under Section 264.203(a) must obtain verification from the service provider of that completion. The department shall accept the service provider's verification provided under this subsection as proof that the person successfully completed the court-ordered services. Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 4, eff. September 1, 2021. Amended by: Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 16, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 17, eff. September 1, 2025. Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN SERVICES. The department shall report the number of cases in which a court under Section 264.203 order 98), Sec. 17, eff. September 1, 2025. Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN SERVICES. The department shall report the number of cases in which a court under Section 264.203 orders the following persons with respect to a child who is placed with a caregiver under a parental child safety placement under Subchapter L to participate in services: (1) the child's parent; (2) the child's managing conservator; (3) the child's guardian; or (4) another member of the child's household. Added by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 7, eff. September 1, 2023. Added by Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 2, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES Sec. 264.204. COMMUNITY-BASED FAMILY SERVICES. (a) The department shall administer a grant program to provide funding to community organizations, including faith-based or county organizations, to respond to: (1) low-priority, less serious cases of abuse and neglect; and (2) cases in which an allegation of abuse or neglect of a child was unsubstantiated but involved a family that has been previously investigated for abuse or neglect of a child. (b) The executive commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and the cancellation of grants. (c) To receive a grant, a community organization whose grant request is approved must execute an interagency agreement or a contract with the department. The contract must require the organization receiving the grant to perform the services as stated in the approved grant request. The contract must contain appropriate provisions for program and fiscal monitoring. (d) In areas of the state in which community organizations receive grants under the program, the department shall refer low-priori t contain appropriate provisions for program and fiscal monitoring. (d) In areas of the state in which community organizations receive grants under the program, the department shall refer low-priority, less serious cases of abuse and neglect to a community organization receiving a grant under the program. (e) A community organization receiving a referral under Subsection (d) shall make a home visit and offer family social services to enhance the parents' ability to provide a safe and stable home environment for the child. If the family chooses to use the family services, a case manager from the organization shall monitor the case and ensure that the services are delivered. (f) If after the home visit the community organization determines that the case is more serious than the department indicated, the community organization shall refer the case to the department for a full investigation. (g) The department may not award a grant to a community organization in an area of the state in which a similar program is already providing effective family services in the community. (h) For purposes of this section, a case is considered to be a less serious case of abuse or neglect if: (1) the circumstances of the case do not appear to involve a reasonable likelihood that the child will be abused or neglected in the foreseeable future; or (2) the allegations in the report of child abuse or neglect: (A) are general in nature or vague and do not support a determination that the child who is the subject of the report has been abused or neglected or will likely be abused or neglected; or (B) if substantiated, would not be considered abuse or neglect under this chapter. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.53, eff. September 1, 2005. Sec. 264.2041. CULTURAL AWARENESS. The department shall: (1) develop and deliver cultural competency training to all service delivery staff; (2) increase targeted recruitment efforts for foster and adoptive famili CULTURAL AWARENESS. The department shall: (1) develop and deliver cultural competency training to all service delivery staff; (2) increase targeted recruitment efforts for foster and adoptive families who can meet the needs of children and youth who are waiting for permanent homes; (3) target recruitment efforts to ensure diversity among department staff; and (4) develop collaborative partnerships with community groups, agencies, faith-based organizations, and other community organizations to provide culturally competent services to children and families of every race and ethnicity. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.54, eff. September 1, 2005. Sec. 264.2042. NONPROFIT ORGANIZATIONS PROVIDING CHILD AND FAMILY SERVICES. (a) The department shall cooperate with nonprofit organizations, including faith-based organizations, in providing information to families in crisis regarding child and family services, including respite care, voluntary guardianship, and other support services, available in the child's community. (b) The department does not incur any obligation as a result of providing information as required by Subsection (a). (c) The department is not liable for damages arising out of the provision of information as required by Subsection (a). Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017. Sec. 264.2043. PROHIBITION ON ABUSE OR NEGLECT INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION. The department may not initiate an investigation of child abuse or neglect based solely on a request submitted to the department by a child's parent for information relating to child and family services available to families in crisis. Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017. Se child's parent for information relating to child and family services available to families in crisis. Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017. Sec. 264.2044. GRANTS FOR FAITH-BASED COMMUNITY COLLABORATIVE PROGRAMS. (a) Using available funds or private donations, the governor shall establish and administer an innovation grant program to award grants to support faith-based community programs that collaborate with the department and the commission to improve foster care and the placement of children in foster care. (b) A faith-based community program is eligible for a grant under this section if: (1) the effectiveness of the program is supported by empirical evidence; and (2) the program has demonstrated the ability to build connections between faith-based, secular, and government stakeholders. (c) The regional director for the department in the region where a grant recipient program is located, or the regional director's designee, shall serve as the liaison between the department and the program for collaborative purposes. For a program that operates in a larger region, the department may designate a liaison in each county where the program is operating. The department or the commission may not direct or manage the operation of the program. (d) The initial duration of a grant under this section is two years. The governor may renew a grant awarded to a program under this section if funds are available and the governor determines that the program is successful. (e) The governor may not award to a program grants under this section totaling more than $300,000. (f) The governor shall adopt rules to implement the grant program created under this section. Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 19(a), eff. September 1, 2017. Redesignated from Family Code, Section 264.2042 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(18), eff. September 1, 2019. Sec. 264.205. SW , Sec. 19(a), eff. September 1, 2017. Redesignated from Family Code, Section 264.2042 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(18), eff. September 1, 2019. Sec. 264.205. SWIFT ADOPTION TEAMS. (a) The department shall develop swift adoption teams to expedite the process of placing a child under the jurisdiction of the department for adoption. Swift adoption teams developed under this section shall, in performing their duties, attempt to place a child for adoption with an appropriate relative of the child. (b) A swift adoption team shall consist of department personnel who shall operate under policies adopted by rule by the executive commissioner. The department shall set priorities for the allocation of department resources to enable a swift adoption team to operate successfully under the policies adopted under this subsection. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(27), eff. June 17, 2011. Added by Acts 1995, 74th Leg., ch. 943, Sec. 9, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 306, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 20, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(27), eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.196, eff. April 2, 2015. Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION. (a) The department must complete a home study before the date an applicant is approved for an adoption. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(32), eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 264, Subchapter C — CHILD AND FAMILY SERVICES Added by Acts 1997, 75th Leg., ch. 600, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 94, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 58, eff. September 1, 75th Leg., ch. 600, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 94, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 58, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 59, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(32), eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7