Tex. Fam. Code Section 263.407
Final Order Appointing Department as Managing Conservator of Certain Abandoned Children; Termination of Parental Rights


(a)

There is a rebuttable presumption that a parent who delivers a child to a designated emergency infant care provider in accordance with Subchapter D (Definitions), Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child):

(1)

is the child’s biological parent;

(2)

intends to relinquish parental rights and consents to the termination of parental rights with regard to the child; and

(3)

intends to waive the right to notice of the suit terminating the parent-child relationship.

(a-1)

A party that seeks to rebut a presumption in Subsection (a) may do so at any time before the parent-child relationship is terminated with regard to the child.

(b)

If a person claims to be the parent of a child taken into possession under Subchapter D (Definitions), Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child), before the court renders a final order terminating the parental rights of the child’s parents, the court shall order genetic testing for parentage determination unless parentage has previously been established. The court shall hold the petition for termination of the parent-child relationship in abeyance for a period not to exceed 60 days pending the results of the genetic testing.

(c)

Before the court may render an order terminating parental rights with regard to a child taken into the department’s custody under Section 262.303 (Notification of Possession of Abandoned Child), the department must:

(1)

verify with the National Crime Information Center and state and local law enforcement agencies that the child is not a missing child; and

(2)

obtain a certificate of the search of the paternity registry under Subchapter E (Establishment of Registry), Chapter 160 (Uniform Parentage Act), not earlier than the date the department estimates to be the 30th day after the child’s date of birth.
Added by Acts 2001 77th Leg., ch. 809, Sec. 6, eff. Sept. 1, 2001. Renumbered from Family Code Sec. 263.405 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(54), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1035 (H.B. 1747), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 12, eff. September 1, 2007.

Source: Section 263.407 — Final Order Appointing Department as Managing Conservator of Certain Abandoned Children; Termination of Parental Rights, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­407 (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

Accessed:
Jun. 5, 2024

§ 263.407’s source at texas​.gov