B. Order for Required Participation

1. Filing the Petition

DFPS must file a suit in the jurisdiction where the child is located, alleging that abuse and neglect has occurred, or that there is substantial risk of abuse or neglect or continuing danger, and that services are necessary to ensure the physical health or safety of the child and the petition must be accompanied by an affidavit. Tex. Fam. Code § 264.203(a)-(d).

2. Initial Hearing

The court must hold a hearing within 14 days of filing of the petition, may grant a 14-day extension for good cause, and may render temporary restraining orders per Tex. Fam. Code § 105.001. Tex. Fam. Code § 264.203(e)-(f).

3. Appointment of Counsel

The court must appoint attorneys ad litem for parents and children when the petition is filed. However, if the parent is not found indigent, the attorney for the parent may be dismissed at the 14-day hearing and the court shall order the parent to pay the attorney's cost. The court may reset the hearing for not more than seven days to allow the parent to hire counsel. Tex. Fam. Code § 264.203(g)-(k).

4. Required Findings

The court must deny the petition unless it makes findings under the ordinary prudence and caution standard that abuse and neglect has occurred, or that there is substantial risk of abuse or neglect or continuing danger, and that services are necessary to ensure the physical health or safety of the child. Tex. Fam. Code § 264.203(m)-(n).

5. Services Ordered

Services ordered by the court must be narrowly tailored to the court's findings and may only apply to a perpetrator of the alleged abuse or neglect. The order shall be reviewed in 90 days and expires in 180 days unless extended by the court. The court may extend the order for 180 days upon a showing by DFPS of a continuing need for the order and may extend an additional 180 days if the court finds that the extension is necessary to complete the services ordered; DFPS made a good faith effort to provide services; the parent made a good faith effort to complete services; completing services is necessary to ensure the child's safety; and the extension is requested by the parent or their attorney. Tex. Fam. Code § 264.203(o)-(t).

A parent may obtain services from a qualified provider selected by the person, but they are responsible for the cost, the provider must certify the parent completed the services, and DFPS shall accept the providers verification as proof of completion. Tex. Fam. Code § 264.2031.