Tex.
Fam. Code Section 263.202
Status Hearing; Findings
(a)
If all persons entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as to whether:(1)
the department has exercised due diligence to locate all necessary persons, including an alleged father of the child, regardless of whether the alleged father is registered with the registry of paternity under Section 160.402 (Registration for Notification); and(2)
the child and each parent, alleged father, or relative of the child before the court have furnished to the department all available information necessary to locate an absent parent, alleged father, or relative of the child through exercise of due diligence.(b)
Except as otherwise provided by this subchapter, a status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether:(1)
a plan that has the goal of returning the child to the child’s parents adequately ensures that reasonable efforts are made to enable the child’s parents to provide a safe environment for the child;(2)
the child’s parents have reviewed and understand the plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents’ parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents;(3)
the plan is narrowly tailored to address any specific issues identified by the department;(4)
the child’s parents and the representative of the department have signed the plan;(5)
based on the court’s determination under Section 263.002 (Review of Placements by Court; Findings), continued placement is appropriate if the child is placed in a residential treatment center; and(6)
based on the court’s determination under Section 263.00201 (Review of Placement in Qualified Residential Treatment Program), continued placement is appropriate if the child is placed in a qualified residential treatment program.(b-1)
After reviewing the service plan and making any necessary modifications, the court shall incorporate the service plan into the orders of the court and may render additional appropriate orders to implement or require compliance with the plan.(c)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1071, Sec. 9, eff. September 1, 2011.(d)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1071, Sec. 9, eff. September 1, 2011.(e)
At the status hearing, the court shall make a finding as to whether the court has identified the individual who has the right to consent for the child under Section 266.003 (Medical Services for Child Abuse and Neglect Victims).(f)
The court shall review the report filed by the department under Section 263.007 (Report Regarding Notification of Relatives) and inquire into the sufficiency of the department’s efforts to identify, locate, and provide information to each adult described by Section 262.1095 (Information Provided to Relatives and Certain Individuals; Investigation)(a). The court shall order the department to make further efforts to identify, locate, and provide information to each adult described by Section 262.1095 (Information Provided to Relatives and Certain Individuals; Investigation)(a) if the court determines that the department’s efforts have not been sufficient.(f-1)
The court shall ask all parties present at the status hearing whether the child or the child’s family has a Native American heritage and identify any Native American tribe with which the child may be associated.(g)
The court shall give the child’s parents an opportunity to comment on the service plan.(h)
If a proposed child placement resources form as described by Section 261.307 (Information Relating to Investigation Procedure and Child Placement Resources) has not been submitted, the court shall require each parent, alleged father, or other person to whom the department is required to provide a form to submit a completed form. The court shall ask all parties present at the status hearing whether:(1)
the child has had the opportunity, in a developmentally appropriate manner, to identify any adult, particularly an adult residing in the child’s community, who could be a relative or designated caregiver for the child; and(2)
each individual identified by the child as a potential relative or designated caregiver is listed on the proposed child placement resources form.(i)
For a child placed with a relative of the child, the court shall inform the relative of:(1)
the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and(2)
the permanency care assistance program under Subchapter K (Definitions), Chapter 264 (Child Welfare Services).
Source:
Section 263.202 — Status Hearing; Findings, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.263.htm#263.202 (accessed Jun. 5, 2024).
