Tex. Fam. Code § 264.901-264.904

TEXAS FAMILY CODE Chapter 264, Subchapter L — PARENTAL CHILD SAFETY PLACEMENTS CHAPTER 264 • CHILD WELFARE SERVICES Subchapter L: PARENTAL CHILD SAFETY PLACEMENTS Sec. 264.901. DEFINITIONS. In this subchapter: (1) "Caregiver" means an individual, other than a child's parent, conservator, or legal guardian, who is related to the child or has a long-standing and significant relationship with the child or the child's family. (2) "Parental child safety placement" means any temporary out-of-home placement of a child with a caregiver that is made by a parent or other person with whom the child resides in accordance with a written agreement approved by the department that ensures the safety of the child: (A) during an investigation by the department of alleged abuse or neglect of the child; or (B) while the parent or other person is receiving services from the department. (3) "Parental child safety placement agreement" means an agreement between a parent or other person making a parental child safety placement and the caregiver that contains the terms of the placement and is approved by the department. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Amended by: Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 8, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 3, eff. September 1, 2023. Sec. 264.902. PARENTAL CHILD SAFETY PLACEMENT AGREEMENT. (a) A parental child safety placement agreement must include terms that clearly state: (1) the respective duties of the person making the placement and the caregiver, including a plan for how the caregiver will access necessary medical treatment for the child and the caregiver's duty to ensure that a school-age child is enrolled in and attending school; (2) conditions under which the person placing the child may have access to t ent for the child and the caregiver's duty to ensure that a school-age child is enrolled in and attending school; (2) conditions under which the person placing the child may have access to the child, including how often the person may visit and the circumstances under which the person's visit may occur; (3) the duties of the department; (4) subject to Subsection (f), the date on which the agreement will terminate unless terminated sooner or extended to a subsequent date as provided under department policy; and (5) any other term the department determines necessary for the safety and welfare of the child. (a-1) For a school-age child, a parental child safety placement agreement must include a letter provided by the department that contains the address of the child's residence during the parental child safety placement and the following language: "THIS LETTER SERVES AS PROOF OF RESIDENCE FOR PURPOSES OF THE ENROLLMENT OF THE ABOVE-NAMED CHILD OR CHILDREN IN A PUBLIC SCHOOL IN THE SCHOOL DISTRICT OR GEOGRAPHIC AREA IN WHICH THE CHILD OR CHILDREN RESIDE, IN ACCORDANCE WITH SECTION 25.001(C-3), EDUCATION CODE." (b) A parental child safety placement agreement must contain the following statement in boldface type and capital letters: "YOUR AGREEMENT TO THE PARENTAL CHILD SAFETY PLACEMENT IS NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT." (c) A parental child safety placement agreement must be in writing and signed by the person making the placement and the caregiver. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter L — PARENTAL CHILD SAFETY PLACEMENTS (d) The department must provide a written copy of the parental child safety placement agreement to the person making the placement and the caregiver. (e) B er L — PARENTAL CHILD SAFETY PLACEMENTS (d) The department must provide a written copy of the parental child safety placement agreement to the person making the placement and the caregiver. (e) Before a parent or other person making a parental child safety placement and the caregiver enter into a parental child safety placement agreement, the department shall notify each person of the person's right to consult with an attorney and provide the person with a reasonable time in which to do so. (f) An initial parental child safety placement agreement automatically terminates on the earlier of the 30th day after the date: (1) the agreement is signed; or (2) the child is placed with the caregiver. (g) On the expiration of a parental child safety placement agreement, the department may for good cause enter into not more than two additional parental child safety placement agreements for the child. On entering an additional parental child safety placement agreement under this subsection, the department shall: (1) reevaluate the terms and conditions of the original agreement; and (2) notify the parents of their right to: (A) refuse to enter into the agreement; and (B) be represented by an attorney or a court-appointed attorney if: (i) the parent is indigent; and (ii) the department subsequently seeks a court order to require the parents to participate in services. (h) An additional parental child safety placement agreement described by Subsection (g) automatically terminates on the 30th day after the date the agreement is signed. (i) Notwithstanding Subsections (g) and (h), the department may not place a child outside of the child's home under a parental child safety placement for longer than 90 calendar days unless the parental child safety placement agreement is signed by both the parent and the parent's attorney or a court otherwise renders an order regarding the placement under Chapter 262. This subsection may not be construed to affect the durati ment is signed by both the parent and the parent's attorney or a court otherwise renders an order regarding the placement under Chapter 262. This subsection may not be construed to affect the duration of an agreement between the department and the parent other than a parental child safety placement agreement. (j) A parental child safety placement agreement must include the following language: "THIS AGREEMENT IS ENTIRELY VOLUNTARY. THE AGREEMENT MAY NOT LAST LONGER THAN 30 DAYS. THE AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES AND FOR NOT MORE THAN 30 DAYS EACH TIME. A CHILD MAY NOT BE PLACED OUTSIDE OF THE CHILD'S HOME FOR LONGER THAN A TOTAL OF 90 CALENDAR DAYS WITHOUT A SIGNED AGREEMENT BY THE CHILD'S PARENT AND THE PARENT'S ATTORNEY OR A COURT ORDER RENDERED UNDER CHAPTER 262." Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Amended by: Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 9, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 4, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 966 (S.B. 226), Sec. 2, eff. June 20, 2025. Sec. 264.903. CAREGIVER EVALUATION. (a) The department shall develop policies and procedures for evaluating a potential caregiver's qualifications to care for a child under this subchapter, including policies and procedures for evaluating: (1) the criminal history of a caregiver; (2) allegations of abuse or neglect against a caregiver; and (3) a caregiver's home environment and ability to care for the child. (a-1) The department shall expedite the evaluation of a potential caregiver under this section to ensure that the child is placed with a caregiver who has the ability to protect the child from the alleged perpetrator of abuse or neglect against the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter L — PARENTAL CHILD SAFETY PLACEMENTS c r neglect against the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter L — PARENTAL CHILD SAFETY PLACEMENTS child. (b) A department caseworker who performs an evaluation of a caregiver under this section shall document the results of the evaluation in the department's case records. (c) If, after performing an evaluation of a potential caregiver, the department determines that it is not in the child's best interest to be placed with the caregiver, the department shall notify the person who proposed the caregiver and the proposed caregiver of the reasons for the department's decision, but may not disclose the specifics of any criminal history or allegations of abuse or neglect unless the caregiver agrees to the disclosure. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Amended by: Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 12, eff. September 1, 2017. Sec. 264.904. DEPARTMENT PROCEDURES FOR CLOSING CASE. (a) Before closing a case in which the department has approved a parental child safety placement, the department must develop a plan with the person who made the placement and the caregiver for the safe return of the child to the person who placed the child with the caregiver or to another person legally entitled to possession of the child, as appropriate. (b) The department may close a case with a child still living with the caregiver in a parental child safety placement if the department has determined that the child could safely return to the parent or person who made the parental child safety placement but the parent or other person agrees in writing for the child to continue to reside with the caregiver. (c) If the department determines that the child is unable to safely return to the parent or person who made the parental child safety placement, the department shall determine whether the child can re c) If the department determines that the child is unable to safely return to the parent or person who made the parental child safety placement, the department shall determine whether the child can remain safely in the home of the caregiver or whether the department must seek legal conservatorship of the child in order to ensure the child's safety. (d) Before the department may close a case with a child still living in a parental child safety placement, the department must: (1) determine and document in the case file that the child can safely remain in the placement without the department's supervision; (2) obtain the written agreement of the parent or person who made the parental child safety placement, if possible; (3) obtain the caregiver's agreement in writing that the child can continue living in the placement after the department closes the case; and (4) develop a written plan for the child's care after the department closes the case. (e) The department is not required to comply with Subsection (d) if the department has filed suit seeking to be named conservator of the child under Chapter 262 and been denied conservatorship of the child. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Sec. 264.905. REMOVAL OF CHILD BY DEPARTMENT. This subchapter does not prevent the department from removing a child at any time from a person who makes a parental child safety placement or from a caregiver if removal is determined to be necessary by the department for the safety and welfare of the child as provided by Chapter 262. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Sec. 264.906. PLACEMENT PREFERENCE DURING CONSERVATORSHIP. If, while a parental child safety placement agreement is in effect, the department files suit under Chapter 262 seeking to be named managing conservator of the child, the department shall give priority to placing the child with the parental c agreement is in effect, the department files suit under Chapter 262 seeking to be named managing conservator of the child, the department shall give priority to placing the child with the parental child safety placement caregiver as long as the placement is safe and available. Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011. Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD SAFETY PLACEMENTS. The department shall, where appropriate: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter L — PARENTAL CHILD SAFETY PLACEMENTS (1) include children who are placed with a caregiver under a parental child safety placement agreement in any report, including reports submitted to the United States Department of Health and Human Services or another federal agency, in which the department is required to report the number of children in the child protective services system who are removed from the children's homes; and (2) report the information described by Subdivision (1) separately from information regarding the number of children removed under a suit filed under Section 262.101 or 262.105. Added by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 10, eff. September 1, 2023. Added by Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 5, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4