Tex. Fam. Code Section 264.114
Immunity from Liability; Adverse Departmental Action Prohibited

(a)

A faith-based organization, including the organization’s employees and volunteers, that participates in a program under this chapter is subject to civil liability as provided by Chapter 84 (Charitable Immunity and Liability), Civil Practice and Remedies Code.

(b)

A faith-based organization that provides financial or other assistance to a foster parent or to a member of the foster parent’s household is not liable for damages arising out of the conduct of the foster parent or a member of the foster parent’s household.

(c)

A foster parent, other substitute caregiver, family relative or other designated caregiver, or licensed child placing agency caring for a child in the managing conservatorship of the department is not liable for harm caused to the child resulting from the child’s participation in an age-appropriate normalcy activity approved by the caregiver if, in approving the child’s participation in the activity, the caregiver exercised the standard of care of a reasonable and prudent parent.

(d)

A licensed child placing agency is not subject to adverse action by the department, including contractual action or licensing or other regulatory action, arising out of the conduct of a foster parent who has exercised the standard of care of a reasonable and prudent parent.
Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 6, eff. September 1, 2015.

Source: Section 264.114 — Immunity from Liability; Adverse Departmental Action Prohibited, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­264.­htm#264.­114 (accessed Jun. 5, 2024).

264.001
Definitions 264.002
Specific Appropriation Required 264.004
Allocation of State Funds 264.005
County Child Welfare Boards 264.006
County Funds 264.008
Child Welfare Service Fund 264.009
Legal Representation of Department 264.010
Child Abuse Plan 264.0011
Reference to Executive Commissioner or Commission 264.011
Local Accounts 264.013
Exchange of Information with Other States 264.015
Training 264.017
Required Reporting 264.018
Required Notifications 264.019
Collection and Reporting of Alcohol and Controlled Substance Statistics 264.0091
Use of Teleconferencing and Videoconferencing Technology 264.101
Foster Care Payments 264.102
County Contracts 264.103
Direct Payments 264.104
Parent or Guardian Liability 264.107
Placement of Children 264.109
Assignment of Support Rights in Substitute Care Cases 264.110
Prospective Foster or Adoptive Parent Statement 264.0111
Money Earned by Child 264.112
Report on Children in Substitute Care 264.113
Foster Parent Recruitment 264.114
Immunity from Liability 264.115
Returning Child to School 264.116
Texas Foster Grandparent Mentors 264.118
Annual Survey 264.120
Discharge Notice 264.0121
Notice to Legislators of Foster Child’s Death 264.121
Transitional Living Services Program 264.122
Court Approval Required for Travel Outside United States by Child in Foster Care 264.123
Reports Concerning Children Who Are Missing or Victims of Sex Trafficking 264.124
Day Care for Foster Child 264.125
Age-appropriate Normalcy Activities 264.128
Single Child Plan of Service Initiative 264.130
Pregnancy and Parenting Information 264.0145
Release of Case Record 264.151
Legislative Intent 264.152
Definitions 264.153
Community-based Care Implementation Plan 264.154
Qualifications of Single Source Continuum Contractor 264.155
Required Contract Provisions 264.156
Readiness Review Process for Community-based Care Contractor 264.157
Expansion of Community-based Care 264.158
Transfer of Case Management Services to Single Source Continuum Contractor 264.159
Data Access and Standards Governance Council 264.160
Liability Insurance Requirements 264.161
Statutory Duties Assumed by Contractor 264.162
Review of Contractor Performance 264.163
Continuing Duties of Department 264.164
Confidentiality 264.165
Notice Required for Early Termination of Contract 264.166
Contingency Plan in Event of Early Contract Termination 264.167
Attorney-client Privilege 264.168
Review of Contractor Recommendations by Department 264.170
Limited Liability for Single Source Continuum Contractor and Related Personnel 264.171
Joint Legislative Oversight Committee on Community-based Care Transition 264.172
Office of Community-based Care Transition 264.201
Services by Department 264.202
Standards and Effectiveness 264.203
Required Participation 264.204
Community-based Family Services 264.205
Swift Adoption Teams 264.207
Home Study Required Before Adoption 264.401
Definition 264.402
Establishment of Children’s Advocacy Center 264.403
Interagency Memorandum of Understanding 264.404
Board Representation 264.405
Center Duties 264.406
Multidisciplinary Team 264.407
Liability 264.408
Use of Information and Records 264.409
Administrative Contracts 264.410
Contracts with Children’s Advocacy Centers 264.411
Eligibility for Contracts 264.501
Definitions 264.502
Committee 264.503
Purpose and Duties of Committee and Specified State Agencies 264.504
Meetings of Committee 264.505
Establishment of Review Team 264.506
Purpose and Duties of Review Team 264.507
Duties of Presiding Officer 264.508
Review Procedure 264.509
Access to Information 264.510
Meeting of Review Team 264.511
Use of Information and Records 264.512
Governmental Units 264.513
Report of Death of Child 264.514
Procedure in the Event of Reportable Death 264.515
Investigation 264.601
Definitions 264.602
Contracts with Advocate Programs 264.603
Administrative Contracts 264.604
Eligibility for Contracts 264.605
Contract Form 264.606
Criteria for Award of Contracts 264.607
Contract Requirements 264.608
Report to the Legislature 264.609
Rule-making Authority 264.610
Confidentiality 264.611
Consultations 264.612
Funding 264.613
Use of Information and Records 264.614
Internet Application for Case Tracking and Information Management System 264.751
Definitions 264.752
Relative and Other Designated Caregiver Placement Program 264.753
Expedited Placement 264.754
Assessment of Proposed Placement 264.755
Caregiver Assistance Agreement 264.756
Assistance with Permanent Placement 264.757
Coordination with Other Agencies 264.758
Funds 264.760
Eligibility for Foster Care Payments and Permanency Care Assistance 264.762
Annual Report 264.851
Definitions 264.852
Permanency Care Assistance Agreements 264.853
Rules 264.854
Maximum Payment Amount 264.856
Appropriation Required 264.901
Definitions 264.902
Parental Child Safety Placement Agreement 264.903
Caregiver Evaluation 264.904
Department Procedures for Closing Case 264.905
Removal of Child by Department 264.906
Placement Preference During Conservatorship 264.907
Inclusions in Reports of Parental Child Safety Placements 264.1015
Liability of Child’s Estate for Foster Care 264.1061
Foster Parent Performance 264.1071
Office Stays Prohibited 264.1072
Educational Stability 264.1073
Treatment Foster Care 264.1075
Assessing Needs of Child 264.1076
Medical Examination Required 264.1078
Luggage for Foster Children 264.1085
Foster Care Placement in Compliance with Federal Law Required 264.1211
Career Development and Education Program 264.1212
Facilitation of Transition to Institution of Higher Education 264.1213
Records and Documents for Children Aging out of Foster Care 264.1214
Housing for Homeless Youth Aging out of Foster Care 264.1215
Pilot Program for Financial Transitional Living Services 264.1261
Foster Care Capacity Needs Plan 264.2011
Enhanced In-home Support Program 264.2015
Family Group Conferencing 264.2031
Selection of Service Provider 264.2032
Report on Court-ordered Participation in Services 264.2041
Cultural Awareness 264.2042
Nonprofit Organizations Providing Child and Family Services 264.2043
Prohibition on Abuse or Neglect Investigation Based Solely on Request for Information 264.2044
Grants for Faith-based Community Collaborative Programs 264.4031
Multidisciplinary Team Working Protocol 264.4061
Multidisciplinary Team Response Required 264.5031
Collection of near Fatality Data 264.5032
Report on Child Fatality and near Fatality Data 264.7541
Caregiver Visit with Child 264.7551
Fraudulent Agreement 264.8521
Notice to Applicants
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Accessed:
Jun. 5, 2024

§ 264.114’s source at texas​.gov