Tex. Fam. Code Section 263.401
Dismissal After One Year; New Trials; Extension


(a)

Unless the court has commenced the trial on the merits or granted an extension under Subsection (b) or (b-1), on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator, the court’s jurisdiction over the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child is terminated and the suit is automatically dismissed without a court order. Not later than the 60th day before the day the suit is automatically dismissed, the court shall notify all parties to the suit of the automatic dismissal date.

(b)

Unless the court has commenced the trial on the merits, the court may not retain the suit on the court’s docket after the time described by Subsection (a) unless the court finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court’s docket for a period not to exceed 180 days after the time described by Subsection (a). If the court retains the suit on the court’s docket, the court shall render an order in which the court:

(1)

schedules the new date on which the suit will be automatically dismissed if the trial on the merits has not commenced, which date must be not later than the 180th day after the time described by Subsection (a);

(2)

makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and

(3)

sets the trial on the merits on a date not later than the date specified under Subdivision (1).

(b-1)

If, after commencement of the initial trial on the merits within the time required by Subsection (a) or (b), the court grants a motion for a new trial or mistrial, or the case is remanded to the court by an appellate court following an appeal of the court’s final order, the court shall retain the suit on the court’s docket and render an order in which the court:

(1)

schedules a new date on which the suit will be automatically dismissed if the new trial has not commenced, which must be a date not later than the 180th day after the date on which:

(A)

the motion for a new trial or mistrial is granted; or

(B)

the appellate court remanded the case;

(2)

makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and

(3)

sets the new trial on the merits for a date not later than the date specified under Subdivision (1).

(b-2)

When considering under Subsection (b) whether to find that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department for a case in which the court orders a parent to complete a substance abuse treatment program, the court shall consider whether the parent made a good faith effort to successfully complete the program.

(b-3)

A court shall find under Subsection (b) that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department if:

(1)

a parent of a child has made a good faith effort to successfully complete the service plan but needs additional time; and

(2)

on completion of the service plan the court intends to order the child returned to the parent.

(c)

If the court grants an extension under Subsection (b) or (b-1) but does not commence the trial on the merits before the dismissal date, the court’s jurisdiction over the suit is terminated and the suit is automatically dismissed without a court order. The court may not grant an additional extension that extends the suit beyond the required date for dismissal under Subsection (b) or (b-1), as applicable.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 5, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 38, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 27, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 12, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 783 (H.B. 1780), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 9, eff. September 1, 2021.

Source: Section 263.401 — Dismissal After One Year; New Trials; Extension, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­401 (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

§ 263.401’s source at texas​.gov