Tex. Fam. Code Section 161.107
Missing Parent or Relative


(a)

In this section:

(1)

“Parent” means a parent, as defined by Section 160.102 (Definitions), whose parent-child relationship with a child has not been terminated. The term does not include a man who does not have a parent-child relationship established under Chapter 160 (Uniform Parentage Act).

(2)

“Relative” means a parent, grandparent, or adult sibling or child.

(b)

If a parent of the child has not been personally served in a suit in which the Department of Family and Protective Services seeks termination, the department must make a diligent effort to locate that parent.

(c)

If a parent has not been personally served and cannot be located, the department shall make a diligent effort to locate a relative of the missing parent to give the relative an opportunity to request appointment as the child’s managing conservator.

(d)

If the department is not able to locate a missing parent or a relative of that parent and sufficient information is available concerning the physical whereabouts of the parent or relative, the department shall request the state agency designated to administer a statewide plan for child support to use the parental locator service established under 42 U.S.C. Section 653 to determine the location of the missing parent or relative.

(e)

The department shall be required to provide evidence to the court to show what actions were taken by the department in making a diligent effort to locate the missing parent and relative of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 71, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 9, eff. September 1, 2007.

Source: Section 161.107 — Missing Parent or Relative, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­107 (accessed Mar. 23, 2024).

161.001
Involuntary Termination of Parent-child Relationship
161.002
Termination of the Rights of an Alleged Biological Father
161.003
Involuntary Termination: Inability to Care for Child
161.004
Termination of Parental Rights After Denial of Prior Petition to Terminate
161.005
Termination When Parent Is Petitioner
161.006
Termination After Abortion
161.007
Termination When Pregnancy Results from Criminal Act
161.101
Petition Allegations
161.102
Filing Suit for Termination Before Birth
161.103
Affidavit of Voluntary Relinquishment of Parental Rights
161.104
Rights of Designated Managing Conservator Pending Court Appointment
161.106
Affidavit of Waiver of Interest in Child
161.107
Missing Parent or Relative
161.108
Release of Child from Hospital or Birthing Center
161.109
Requirement of Paternity Registry Certificate
161.202
Preferential Setting
161.203
Dismissal of Petition
161.204
Termination Based on Affidavit of Waiver of Interest
161.205
Order Denying Termination
161.206
Order Terminating Parental Rights
161.207
Appointment of Managing Conservator on Termination
161.208
Appointment of Department of Family and Protective Services as Managing Conservator
161.209
Copy of Order of Termination
161.210
Sealing of File
161.211
Direct or Collateral Attack on Termination Order
161.301
Definitions
161.302
Petition
161.303
Hearing
161.304
Orders
161.1031
Medical History Report
161.1035
Revocability of Certain Affidavits
161.2011
Continuance
161.2021
Medical History Report
161.2061
Terms Regarding Limited Post-termination Contact
161.2062
Provision for Limited Contact Between Biological Parent and Child
161.2081
Notice of Termination for Certain Relatives

Accessed:
Mar. 23, 2024

§ 161.107’s source at texas​.gov