Tex.
Fam. Code Section 264.203
Required Participation
(a)
The department may file a suit requesting the court to render a temporary order requiring the parent, managing conservator, guardian, or other member of the child’s household to:(1)
participate in the services for which the department makes a referral or services the department provides or purchases for:(A)
alleviating the effects of the abuse or neglect that has occurred;(B)
reducing a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household; or(C)
reducing a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or member of the child’s household; and(2)
permit the child and any siblings of the child to receive the services.(b)
A suit requesting an order under this section may be filed in a court with jurisdiction to hear the suit in the county in which the child is located.(c)
Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.(d)
The petition shall be supported by a sworn affidavit by a person based on personal knowledge and stating facts sufficient to support a finding that:(1)
the child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and(2)
there is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household unless that person participates in services requested by the department.(e)
In a suit filed under this section, the court may render a temporary restraining order as provided by Section 105.001 (Temporary Orders Before Final Order), except that the court may not issue an order that places the child:(1)
outside of the child’s home; or(2)
in the conservatorship of the department.(f)
The court shall hold a hearing on the petition not later than the 14th day after the date the petition is filed unless the court finds good cause for extending that date for not more than 14 days.(g)
The court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearing to ensure adequate representation of the child. The attorney ad litem for the child shall have the powers and duties of an attorney ad litem for a child under Chapter 107 (Special Appointments, Child Custody Evaluations, and Adoption Evaluations).(h)
The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in services is being requested immediately after the filing but before the hearing to ensure adequate representation of the parent. The attorney ad litem for the parent shall have the powers and duties of an attorney ad litem for a parent under Section 107.0131 (Powers and Duties of Attorney Ad Litem for Parent).(i)
Before commencement of the hearing, the court shall inform each parent of:(1)
the parent’s right to be represented by an attorney; and(2)
for a parent who is indigent and appears in opposition to the motion, the parent’s right to a court-appointed attorney.(j)
If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent’s income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent’s dependents. If the court determines the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation. If the court determines the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and shall order the parent to pay the cost of the attorney ad litem’s representation.(k)
The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem’s discharge to allow the parent to hire an attorney or to provide the parent’s attorney time to prepare for the subsequent proceeding.(l)
An order may be rendered under this section only after notice and hearing.(m)
At the conclusion of the hearing, the court shall deny the petition unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:(1)
abuse or neglect has occurred or there is a substantial risk of abuse or neglect or continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household; and(2)
services are necessary to ensure the physical health or safety of the child.(n)
If the court renders an order granting the petition, the court shall:(1)
state its findings in the order;(2)
make appropriate temporary orders under Chapter 105 (Settings, Hearings, and Orders) necessary to ensure the safety of the child, except that the court may not issue a temporary order that places the child:(A)
outside of the child’s home; or(B)
in the conservatorship of the department; and(3)
order the participation in specific services narrowly tailored to address the findings made by the court under Subsection (m).(o)
If the court finds that a parent, managing conservator, guardian, or other member of the child’s household did not cause the continuing danger to the physical health or safety of the child or the substantial risk of abuse or neglect, or was not the perpetrator of the abuse or neglect alleged, the court may not require that person to participate in services ordered under Subsection (n).(p)
Not later than the 90th day after the date the court renders an order under this section, the court shall hold a hearing to review the status of each person required to participate in the services and the child and the services provided, purchased, or referred. The court shall set subsequent review hearings every 90 days to review the continued need for the order.(q)
An order rendered under this section expires on the 180th day after the date the order is signed unless the court extends the order as provided by Subsection (r) or (s).(r)
The court may extend an order rendered under this section on a showing by the department of a continuing need for the order, after notice and hearing. Except as provided by Subsection (s), the court may extend the order only one time for not more than 180 days.(s)
The court may extend an order rendered under this section for not more than an additional 180 days only if:(1)
the court finds that:(A)
the extension is necessary to allow the person required to participate in services under the plan of service time to complete those services;(B)
the department made a good faith effort to timely provide the services to the person;(C)
the person made a good faith effort to complete the services; and(D)
the completion of the services is necessary to ensure the physical health and safety of the child; and(2)
the extension is requested by the person or the person’s attorney.(t)
At any time, a person affected by the order may request the court to terminate the order. The court shall terminate the order on finding the order is no longer needed.
Source:
Section 264.203 — Required Participation, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.264.htm#264.203 (accessed Apr. 20, 2024).
