Tex. Fam. Code Section 263.403
Monitored Return of Child to Parent


(a)

Notwithstanding Section 263.401 (Dismissal After One Year; New Trials; Extension), the court may retain jurisdiction and not dismiss the suit or render a final order as required by that section if the court renders a temporary order that:

(1)

finds that retaining jurisdiction under this section is in the best interest of the child;

(2)

orders the department to:

(A)

return the child to the child’s parent; or

(B)

transition the child, according to a schedule determined by the department or court, from substitute care to the parent while the parent completes the remaining requirements imposed under a service plan and specified in the temporary order that are necessary for the child’s return;

(3)

orders the department to continue to serve as temporary managing conservator of the child; and

(4)

orders the department to monitor the child’s placement to ensure that the child is in a safe environment.

(a-1)

Unless the court has granted an extension under Section 263.401 (Dismissal After One Year; New Trials; Extension)(b), the department or the parent may request the court to retain jurisdiction for an additional six months as necessary for a parent to complete the remaining requirements under a service plan in a transition monitored return under Subsection (a)(2)(B).

(b)

If the court renders an order under this section, the court shall:

(1)

include in the order specific findings regarding the grounds for the order; and

(2)

schedule a new date, not later than the 180th day after the date the temporary order is rendered, for dismissal of the suit unless a trial on the merits has commenced.

(c)

If before the dismissal of the suit or the commencement of the trial on the merits a child placed with a parent under this section must be moved from that home by the department or the court renders a temporary order terminating the transition order issued under Subsection (a)(2)(B), the court shall, at the time of the move or order, schedule a new date for dismissal of the suit. The new dismissal date may not be later than the original dismissal date established under Section 263.401 (Dismissal After One Year; New Trials; Extension) or the 180th day after the date the child is moved or the order is rendered under this subsection, whichever date is later.

(d)

If the court renders an order under this section, the court must include in the order specific findings regarding the grounds for the order.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Renumbered from Family Code Sec. 263.402 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 866 (H.B. 1481), Sec. 4, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 29, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 11, eff. September 1, 2021.

Source: Section 263.403 — Monitored Return of Child to Parent, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­403 (accessed Nov. 25, 2023).

263.001
Definitions
263.002
Review of Placements by Court
263.003
Information Relating to Placement of Child
263.004
Notice to Court Regarding Education Decision-making
263.005
Enforcement of Family Service Plan
263.006
Warning to Parents
263.007
Report Regarding Notification of Relatives
263.008
Foster Children’s Bill of Rights
263.009
Permanency Planning Meetings
263.0021
Notice of Hearing
263.0025
Special Education Decision-making for Children in Foster Care
263.0045
Education in Home Setting for Foster Children
263.0061
Notice to Parents of Right to Counsel
263.101
Department to File Service Plan
263.102
Service Plan
263.103
Original Service Plan: Signing and Taking Effect
263.104
Amended Service Plan
263.105
Review of Service Plan
263.106
Court Implementation of Service Plan
263.107
Visitation Plan
263.108
Review of Visitation Plan
263.109
Court Implementation of Visitation Plan
263.00201
Review of Placement in Qualified Residential Treatment Program
263.201
Status Hearing
263.202
Status Hearing
263.203
Appointment of Attorney Ad Litem
263.302
Child’s Attendance at Hearing
263.303
Permanency Progress Report Before Final Order
263.304
Initial Permanency Hearing
263.305
Subsequent Permanency Hearings
263.306
Permanency Hearings Before Final Order
263.307
Factors in Determining Best Interest of Child
263.401
Dismissal After One Year
263.402
Limit on Extension
263.403
Monitored Return of Child to Parent
263.404
Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights
263.405
Appeal of Final Order
263.406
Court Information System
263.407
Final Order Appointing Department as Managing Conservator of Certain Abandoned Children
263.408
Requirements for Appointment of Nonparent as Managing Conservator
263.409
Final Notification of Benefits Related to Kinship Verification
263.501
Permanency Hearing After Final Order
263.502
Permanency Progress Report After Final Order
263.601
Definitions
263.602
Extended Jurisdiction
263.603
Extended Jurisdiction to Determine Guardianship
263.604
Guardian’s Consent to Extended Jurisdiction
263.605
Continued or Renewed Appointment of Attorney Ad Litem, Guardian Ad Litem, or Volunteer Advocate
263.606
Duties of Attorney or Guardian Ad Litem
263.607
Prohibited Appointments and Orders
263.608
Rights of Young Adult
263.1021
Selection and Reimbursement of Service Provider
263.3025
Permanency Plan
263.3026
Permanency Goals
263.4011
Rendering Final Order
263.4041
Verification of Transition Plan
263.4055
Supreme Court Rules
263.5031
Permanency Hearings Following Final Order
263.6015
Trial Independence
263.6021
Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services

Accessed:
Nov. 25, 2023

§ 263.403’s source at texas​.gov