H. Court Orders Related to Permanent Managing Conservatorship

1. Court Ordered Services for Parents

When a parent is still involved or over time becomes re-involved in the case, a court may order DFPS to provide services to a parent for not more than six months after the date of the Permanency Hearing if:

•   The child has not been placed with a relative or other individual, including a foster parent, who is seeking permanent managing conservatorship of the child; and

•   The court determines that further efforts at reunification with a parent are:

◦   in the best interest of the child; and

◦   likely to result in the child's safe return to the child's parent. Tex. Fam. Code § 263.5031(a)(4)(K).

2. Termination of Parental Rights After Denial of Prior Petition to Terminate

The court may terminate the parent-child relationship after rendition of an order that previously denied termination of the parent-child relationship if:

•   The petition under Tex. Fam. Code § 161.004 is filed after the date the order denying termination was rendered;

•   The circumstances of the child, parent, sole managing conservator, possessory conservator, or other party affected by the order denying termination have materially and substantially changed since the date that the order was rendered;

•   The parent committed an act listed under Tex. Fam. Code § 161.001 before the date the order denying termination was rendered; and

•   Termination is in the best interest of the child. Tex. Fam. Code § 161.004(a).

At a hearing under Tex. Fam. Code § 161.004, the court may consider evidence presented at a previous hearing in a suit for termination of the parent-child relationship of the parent with respect to the same child. Tex. Fam. Code § 161.004(b).

In a suit for modification between a parent and a nonparent, the nonparent, if required to overcome the presumption under Tex. Fam. Code § 153.002(b), must overcome the presumption by clear and convincing evidence and may not overcome the presumption on the basis of a prior order granting relief to the nonparent if the parent agreed to the prior order. Tex. Fam. Code § 156.008.

3. Child Committed to Texas Juvenile Justice Department or Missing from Care

A court is required to conduct a Permanency Hearing After Final Order for a child while the child is committed to or released under the supervision of TJJD or while the child is missing from the child's substitute care provider, unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than DFPS. Tex. Fam. Code § 263.501(g).