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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES |
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Subchapter D. PERMANENCY HEARINGS |
Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE
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(a) At each permanency hearing the court shall:
(1) identify all persons or parties present at the hearing or those given notice but failing to appear;
(2) review the efforts of the department or another agency in:
(A) attempting to locate all necessary persons;
(B) requesting service of citation; and
(C) obtaining the assistance of a parent in providing information necessary to locate an absent parent, alleged father, or relative of the child;
(3) review the efforts of each custodial parent, alleged father, or relative of the child before the court in providing information necessary to locate another absent parent, alleged father, or relative of the child;
(4) return the child to the parent or parents if the child's parent or parents are willing and able to provide the child with a safe environment and the return of the child is in the child's best interest;
(5) place the child with a person or entity, other than a parent, entitled to service under Chapter 102 if the person or entity is willing and able to provide the child with a safe environment and the placement of the child is in the child's best interest;
(6) evaluate the department's efforts to identify relatives who could provide the child with a safe environment, if the child is not returned to a parent or another person or entity entitled to service under Chapter 102;
(7) evaluate the parties' compliance with temporary orders and the service plan;
(8) determine whether:
(A) the child continues to need substitute care;
(B) the child's current placement is appropriate for meeting the child's needs, including with respect to a child who has been placed outside of the state, whether that placement continues to be in the best interest of the child; and
(C) other plans or services are needed to meet the child's special needs or circumstances;
(9) if the child is placed in institutional care, determine whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child;
(10) if the child is 16 years of age or older, order services that are needed to assist the child in making the transition from substitute care to independent living if the services are available in the community;
(11) determine plans, services, and further temporary orders necessary to ensure that a final order is rendered before the date for dismissal of the suit under this chapter;
(12) if the child is committed to the Texas Youth Commission or released under supervision by the Texas Youth Commission, determine whether the child's needs for treatment, rehabilitation, and education are being met; and
(13) determine the date for dismissal of the suit under this chapter and give notice in open court to all parties of:
(A) the dismissal date;
(B) the date of the next permanency hearing; and
(C) the date the suit is set for trial.
(b) The court shall also review the service plan, permanency report, and other information submitted at the hearing to:
(1) determine:
(A) the safety of the child;
(B) the continuing necessity and appropriateness of the placement;
(C) the extent of compliance with the case plan;
(D) the extent of progress that has been made toward alleviating or mitigating the causes necessitating the placement of the child in foster care; and
(E) whether the department has made reasonable efforts to finalize the permanency plan that is in effect for the child, including the concurrent permanency goals for the child; and
(2) project a likely date by which the child may be returned to and safely maintained in the child's home, placed for adoption, or placed in permanent managing conservatorship.