Tex. Fam. Code Section 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, 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 (Temporary Orders Before Final Order), 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 hearing to ensure adequate representation of the child. The attorney ad litem for the child shall have the powers and duties of an attorney ad litem for a child under Chapter 107 (Special Appointments, Child Custody Evaluations, and Adoption Evaluations).

(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 (Powers and Duties of Attorney Ad Litem for Parent).

(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 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 (Settings, Hearings, and Orders) 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, 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).

(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 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.

Source: Section 264.203 — Required Participation, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­264.­htm#264.­203 (accessed Jun. 5, 2024).

264.001
Definitions
264.002
Specific Appropriation Required
264.004
Allocation of State Funds
264.005
County Child Welfare Boards
264.006
County Funds
264.008
Child Welfare Service Fund
264.009
Legal Representation of Department
264.010
Child Abuse Plan
264.0011
Reference to Executive Commissioner or Commission
264.011
Local Accounts
264.013
Exchange of Information with Other States
264.015
Training
264.017
Required Reporting
264.018
Required Notifications
264.019
Collection and Reporting of Alcohol and Controlled Substance Statistics
264.0091
Use of Teleconferencing and Videoconferencing Technology
264.101
Foster Care Payments
264.102
County Contracts
264.103
Direct Payments
264.104
Parent or Guardian Liability
264.107
Placement of Children
264.109
Assignment of Support Rights in Substitute Care Cases
264.110
Prospective Foster or Adoptive Parent Statement
264.0111
Money Earned by Child
264.112
Report on Children in Substitute Care
264.113
Foster Parent Recruitment
264.114
Immunity from Liability
264.115
Returning Child to School
264.116
Texas Foster Grandparent Mentors
264.118
Annual Survey
264.120
Discharge Notice
264.0121
Notice to Legislators of Foster Child’s Death
264.121
Transitional Living Services Program
264.122
Court Approval Required for Travel Outside United States by Child in Foster Care
264.123
Reports Concerning Children Who Are Missing or Victims of Sex Trafficking
264.124
Day Care for Foster Child
264.125
Age-appropriate Normalcy Activities
264.128
Single Child Plan of Service Initiative
264.130
Pregnancy and Parenting Information
264.0145
Release of Case Record
264.151
Legislative Intent
264.152
Definitions
264.153
Community-based Care Implementation Plan
264.154
Qualifications of Single Source Continuum Contractor
264.155
Required Contract Provisions
264.156
Readiness Review Process for Community-based Care Contractor
264.157
Expansion of Community-based Care
264.158
Transfer of Case Management Services to Single Source Continuum Contractor
264.159
Data Access and Standards Governance Council
264.160
Liability Insurance Requirements
264.161
Statutory Duties Assumed by Contractor
264.162
Review of Contractor Performance
264.163
Continuing Duties of Department
264.164
Confidentiality
264.165
Notice Required for Early Termination of Contract
264.166
Contingency Plan in Event of Early Contract Termination
264.167
Attorney-client Privilege
264.168
Review of Contractor Recommendations by Department
264.170
Limited Liability for Single Source Continuum Contractor and Related Personnel
264.171
Joint Legislative Oversight Committee on Community-based Care Transition
264.172
Office of Community-based Care Transition
264.201
Services by Department
264.202
Standards and Effectiveness
264.203
Required Participation
264.204
Community-based Family Services
264.205
Swift Adoption Teams
264.207
Home Study Required Before Adoption
264.401
Definition
264.402
Establishment of Children’s Advocacy Center
264.403
Interagency Memorandum of Understanding
264.404
Board Representation
264.405
Center Duties
264.406
Multidisciplinary Team
264.407
Liability
264.408
Use of Information and Records
264.409
Administrative Contracts
264.410
Contracts with Children’s Advocacy Centers
264.411
Eligibility for Contracts
264.501
Definitions
264.502
Committee
264.503
Purpose and Duties of Committee and Specified State Agencies
264.504
Meetings of Committee
264.505
Establishment of Review Team
264.506
Purpose and Duties of Review Team
264.507
Duties of Presiding Officer
264.508
Review Procedure
264.509
Access to Information
264.510
Meeting of Review Team
264.511
Use of Information and Records
264.512
Governmental Units
264.513
Report of Death of Child
264.514
Procedure in the Event of Reportable Death
264.515
Investigation
264.601
Definitions
264.602
Contracts with Advocate Programs
264.603
Administrative Contracts
264.604
Eligibility for Contracts
264.605
Contract Form
264.606
Criteria for Award of Contracts
264.607
Contract Requirements
264.608
Report to the Legislature
264.609
Rule-making Authority
264.610
Confidentiality
264.611
Consultations
264.612
Funding
264.613
Use of Information and Records
264.614
Internet Application for Case Tracking and Information Management System
264.751
Definitions
264.752
Relative and Other Designated Caregiver Placement Program
264.753
Expedited Placement
264.754
Assessment of Proposed Placement
264.755
Caregiver Assistance Agreement
264.756
Assistance with Permanent Placement
264.757
Coordination with Other Agencies
264.758
Funds
264.760
Eligibility for Foster Care Payments and Permanency Care Assistance
264.762
Annual Report
264.851
Definitions
264.852
Permanency Care Assistance Agreements
264.853
Rules
264.854
Maximum Payment Amount
264.856
Appropriation Required
264.901
Definitions
264.902
Parental Child Safety Placement Agreement
264.903
Caregiver Evaluation
264.904
Department Procedures for Closing Case
264.905
Removal of Child by Department
264.906
Placement Preference During Conservatorship
264.907
Inclusions in Reports of Parental Child Safety Placements
264.1015
Liability of Child’s Estate for Foster Care
264.1061
Foster Parent Performance
264.1071
Office Stays Prohibited
264.1072
Educational Stability
264.1073
Treatment Foster Care
264.1075
Assessing Needs of Child
264.1076
Medical Examination Required
264.1078
Luggage for Foster Children
264.1085
Foster Care Placement in Compliance with Federal Law Required
264.1211
Career Development and Education Program
264.1212
Facilitation of Transition to Institution of Higher Education
264.1213
Records and Documents for Children Aging out of Foster Care
264.1214
Housing for Homeless Youth Aging out of Foster Care
264.1215
Pilot Program for Financial Transitional Living Services
264.1261
Foster Care Capacity Needs Plan
264.2011
Enhanced In-home Support Program
264.2015
Family Group Conferencing
264.2031
Selection of Service Provider
264.2032
Report on Court-ordered Participation in Services
264.2041
Cultural Awareness
264.2042
Nonprofit Organizations Providing Child and Family Services
264.2043
Prohibition on Abuse or Neglect Investigation Based Solely on Request for Information
264.2044
Grants for Faith-based Community Collaborative Programs
264.4031
Multidisciplinary Team Working Protocol
264.4061
Multidisciplinary Team Response Required
264.5031
Collection of near Fatality Data
264.5032
Report on Child Fatality and near Fatality Data
264.7541
Caregiver Visit with Child
264.7551
Fraudulent Agreement
264.8521
Notice to Applicants

Accessed:
Jun. 5, 2024

§ 264.203’s source at texas​.gov