Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

F. Prohibited Appointments and Orders

The court may not appoint DFPS or HHS Guardianship Services Program as the managing conservator or guardian of the young adult. Tex. Fam. Code § 263.607(a). A court may not order DFPS to provide a service to a young adult unless DFPS:

•   Is authorized to provide the services under state law; and

•   Is appropriated money to provide the services in an amount sufficient to comply with the court order and DFPS obligations to other young adults for whom DFPS is required to provide similar services. Tex. Fam. Code § 263.607(b).