Tex. Fam. Code Section 161.2011
Continuance; Access to Child


(a)

A parent whose rights are subject to termination in a suit affecting the parent-child relationship and against whom criminal charges are filed that directly relate to the grounds for which termination is sought may file a motion requesting a continuance of the final trial in the suit until the criminal charges are resolved. The court may grant the motion only if the court finds that a continuance is in the best interest of the child. Notwithstanding any continuance granted, the court shall conduct status and permanency hearings with respect to the child as required by Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services) and shall comply with the dismissal date under Section 263.401 (Dismissal After One Year; New Trials; Extension).

(b)

Nothing in this section precludes the court from issuing appropriate temporary orders as authorized in this code.

(c)

The court in which a suit to terminate the parent-child relationship is pending may render an order denying a parent access to a child if the parent is indicted for criminal activity that constitutes a ground for terminating the parent-child relationship under Section 161.001 (Involuntary Termination of Parent-child Relationship). The denial of access under this section shall continue until the date the criminal charges for which the parent was indicted are resolved and the court renders an order providing for access to the child by the parent.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 61, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 3, eff. Sept. 1, 2001.

Source: Section 161.2011 — Continuance; Access to Child, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­2011 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 161.2011’s source at texas​.gov