Tex. Fam. Code Section 263.404
Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights

(a)

The court may render a final order appointing the department as managing conservator of the child without terminating the rights of the parent of the child if the court finds that:

(1)

appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development; and

(2)

it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator.

(b)

In determining whether the department should be appointed as managing conservator of the child without terminating the rights of a parent of the child, the court shall take the following factors into consideration:

(1)

that the child will reach 18 years of age in not less than three years;

(2)

that the child is 12 years of age or older and has expressed a strong desire against termination or has continuously expressed a strong desire against being adopted; and

(3)

the needs and desires of the child.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997. Renumbered from Family Code Sec. 263.403 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 39, eff. September 1, 2015.

Source: Section 263.404 — Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­404 (accessed Jun. 5, 2024).

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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 263.404’s source at texas​.gov