Tex. Fam. Code Section 263.202
Status Hearing; Findings


(a)

If all persons entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as to whether:

(1)

the department has exercised due diligence to locate all necessary persons, including an alleged father of the child, regardless of whether the alleged father is registered with the registry of paternity under Section 160.402 (Registration for Notification); and

(2)

the child and each parent, alleged father, or relative of the child before the court have furnished to the department all available information necessary to locate an absent parent, alleged father, or relative of the child through exercise of due diligence.

(b)

Except as otherwise provided by this subchapter, a status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether:

(1)

a plan that has the goal of returning the child to the child’s parents adequately ensures that reasonable efforts are made to enable the child’s parents to provide a safe environment for the child;

(2)

the child’s parents have reviewed and understand the plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents’ parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents;

(3)

the plan is narrowly tailored to address any specific issues identified by the department;

(4)

the child’s parents and the representative of the department have signed the plan;

(5)

based on the court’s determination under Section 263.002 (Review of Placements by Court; Findings), continued placement is appropriate if the child is placed in a residential treatment center; and

(6)

based on the court’s determination under Section 263.00201 (Review of Placement in Qualified Residential Treatment Program), continued placement is appropriate if the child is placed in a qualified residential treatment program.

(b-1)

After reviewing the service plan and making any necessary modifications, the court shall incorporate the service plan into the orders of the court and may render additional appropriate orders to implement or require compliance with the plan.

(c)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1071, Sec. 9, eff. September 1, 2011.

(d)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1071, Sec. 9, eff. September 1, 2011.

(e)

At the status hearing, the court shall make a finding as to whether the court has identified the individual who has the right to consent for the child under Section 266.003 (Medical Services for Child Abuse and Neglect Victims).

(f)

The court shall review the report filed by the department under Section 263.007 (Report Regarding Notification of Relatives) and inquire into the sufficiency of the department’s efforts to identify, locate, and provide information to each adult described by Section 262.1095 (Information Provided to Relatives and Certain Individuals; Investigation)(a). The court shall order the department to make further efforts to identify, locate, and provide information to each adult described by Section 262.1095 (Information Provided to Relatives and Certain Individuals; Investigation)(a) if the court determines that the department’s efforts have not been sufficient.

(f-1)

The court shall ask all parties present at the status hearing whether the child or the child’s family has a Native American heritage and identify any Native American tribe with which the child may be associated.

(g)

The court shall give the child’s parents an opportunity to comment on the service plan.

(h)

If a proposed child placement resources form as described by Section 261.307 (Information Relating to Investigation Procedure and Child Placement Resources) has not been submitted, the court shall require each parent, alleged father, or other person to whom the department is required to provide a form to submit a completed form. The court shall ask all parties present at the status hearing whether:

(1)

the child has had the opportunity, 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)

each individual identified by the child as a potential relative or designated caregiver is listed on the proposed child placement resources form.

(i)

For a child placed with a relative of the child, the court shall inform the relative of:

(1)

the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and

(2)

the permanency care assistance program under Subchapter K (Definitions), Chapter 264 (Child Welfare Services).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 111, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1150, Sec. 27, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 46, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 306, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.38(b), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.39, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 9, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.177, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 697 (H.B. 825), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 9, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 6, eff. September 1, 2023.

Source: Section 263.202 — Status Hearing; Findings, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­202 (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

§ 263.202’s source at texas​.gov