Tex. Fam. Code Section 263.002
Review of Placements by Court; Findings


(a)

In a suit affecting the parent-child relationship in which the department has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review:

(1)

the conservatorship appointment and substitute care; and

(2)

for a child committed to the Texas Juvenile Justice Department, the child’s commitment in the Texas Juvenile Justice Department or release under supervision by the Texas Juvenile Justice Department.

(b)

At each permanency hearing under this chapter, the court shall review the placement of each child in the temporary managing conservatorship of the department who is not placed with a relative caregiver or designated caregiver as defined by Section 264.751 (Definitions). The court shall include in its findings a statement whether the department:

(1)

asked the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child’s community, who could be a relative or designated caregiver for the child; and

(2)

placed the child with a relative or designated caregiver.

(c)

At each permanency hearing before the final order, the court shall review the placement of each child in the temporary managing conservatorship of the department who has not been returned to the child’s home. At the end of the hearing, the court shall order the department to return the child to the child’s parent or parents unless the court finds, with respect to each parent, that:

(1)

there is a continuing danger to the physical health or safety of the child; and

(2)

returning the child to the child’s parent or parents is contrary to the welfare of the child.

(d)

This section does not prohibit the court from rendering an order under Section 263.403 (Monitored Return of Child to Parent).

(e)

If a child is placed or is referred to and awaiting placement in a residential treatment center, the court shall determine whether:

(1)

the child’s needs can be met through placement in a family-like setting;

(2)

the recommended or existing program can provide the most effective and appropriate level of care for the child;

(3)

the recommended or existing program is the least restrictive setting consistent with the child’s best interest and individual needs; and

(4)

the placement is consistent with the short-term and long-term goals for the child, as specified by the child’s permanency plan.

(f)

In making a determination under Subsection (e), the court may consider:

(1)

medical, psychological, or psychiatric assessments;

(2)

the child’s current treatment plan and progress being made;

(3)

any significant medical, legal, or behavioral incidents involving the child;

(4)

the reasons for the child’s discharge from any previous placement or the child’s current placement;

(5)

the programs available at the facility to address the child’s needs;

(6)

the program’s plan to discharge the child after treatment;

(7)

whether there are other programs that more effectively meet the child’s needs; and

(8)

any other information that would assist the court in making the determination.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 109, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 5, eff. May 23, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.171, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 23, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 8, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 8, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 5, eff. September 1, 2023.

Source: Section 263.002 — Review of Placements by Court; Findings, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­002 (accessed Mar. 23, 2024).

263.001
Definitions
263.002
Review of Placements by Court
263.003
Information Relating to Placement of Child
263.004
Notice to Court Regarding Education Decision-making
263.005
Enforcement of Family Service Plan
263.006
Warning to Parents
263.007
Report Regarding Notification of Relatives
263.008
Foster Children’s Bill of Rights
263.009
Permanency Planning Meetings
263.0021
Notice of Hearing
263.0025
Special Education Decision-making for Children in Foster Care
263.0045
Education in Home Setting for Foster Children
263.0061
Notice to Parents of Right to Counsel
263.101
Department to File Service Plan
263.102
Service Plan
263.103
Original Service Plan: Signing and Taking Effect
263.104
Amended Service Plan
263.105
Review of Service Plan
263.106
Court Implementation of Service Plan
263.107
Visitation Plan
263.108
Review of Visitation Plan
263.109
Court Implementation of Visitation Plan
263.00201
Review of Placement in Qualified Residential Treatment Program
263.201
Status Hearing
263.202
Status Hearing
263.203
Appointment of Attorney Ad Litem
263.302
Child’s Attendance at Hearing
263.303
Permanency Progress Report Before Final Order
263.304
Initial Permanency Hearing
263.305
Subsequent Permanency Hearings
263.306
Permanency Hearings Before Final Order
263.307
Factors in Determining Best Interest of Child
263.401
Dismissal After One Year
263.402
Limit on Extension
263.403
Monitored Return of Child to Parent
263.404
Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights
263.405
Appeal of Final Order
263.406
Court Information System
263.407
Final Order Appointing Department as Managing Conservator of Certain Abandoned Children
263.408
Requirements for Appointment of Nonparent as Managing Conservator
263.409
Final Notification of Benefits Related to Kinship Verification
263.501
Permanency Hearing After Final Order
263.502
Permanency Progress Report After Final Order
263.601
Definitions
263.602
Extended Jurisdiction
263.603
Extended Jurisdiction to Determine Guardianship
263.604
Guardian’s Consent to Extended Jurisdiction
263.605
Continued or Renewed Appointment of Attorney Ad Litem, Guardian Ad Litem, or Volunteer Advocate
263.606
Duties of Attorney or Guardian Ad Litem
263.607
Prohibited Appointments and Orders
263.608
Rights of Young Adult
263.1021
Selection and Reimbursement of Service Provider
263.3025
Permanency Plan
263.3026
Permanency Goals
263.4011
Rendering Final Order
263.4041
Verification of Transition Plan
263.4055
Supreme Court Rules
263.5031
Permanency Hearings Following Final Order
263.6015
Trial Independence
263.6021
Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services

Accessed:
Mar. 23, 2024

§ 263.002’s source at texas​.gov