Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

A. When Permanency Hearing After Final Order is Conducted

After the entry of an order that appoints DFPS as permanent managing conservator of a child, if the parental rights are not terminated, a Permanency Hearing After Final Order must be held within six months. If the parental rights are terminated, the first Permanency Hearing After Final Order must be held within 90 days after the court renders the final order. Tex. Fam. Code § 263.501(a) and (b). Thereafter, a Permanency Hearing After Final Order must be held every six months until the date the child leaves the permanent managing conservatorship of DFPS. Tex. Fam. Code § 263.501(a).

Special Issue: Positive permanency for children and youth can still be achieved at any stage of a case. Placement options can become available until the child turns 18, so judges can continue to set judicial expectations that positive permanency is the goal and that urgency to identify placement before the youth ages out is critical. Continuing to engage family and youth in their case, setting frequent hearings, and employing techniques to locate and engage relatives and kin also facilitate positive permanency after final orders are entered.