C. Foster Parent Interventions

1. General Standing Provision, Tex. Fam. Code § 102.003 (a)(12)

An original suit may be filed at any time by a person who is the foster parent of a child placed by the Department of Family and Protective Services in the person’s home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition. Tex. Fam. Code § 102.003(A)(12).

2. Foster Parent Intervention Limited

a. Previously, foster parents could intervene under Tex. Fam. Code § 102.004(b) with a showing of substantial past contact with the child, and satisfactory proof to the court that the appointment of a parent as Sole Managing Conservator or both parents as Joint Managing Conservators would significantly impair the child’s physical health or emotional development. Tex. Fam. Code § 102.004(b).

b. Effective September 1, 2017, Tex. Fam. Code § 102.004(b-1) clarifies that a foster parent may only be granted leave to intervene under Subsection (b) if the foster parent would have standing to file an original suit as provided by Section 102.003(a)(12). Tex. Fam. Code § 102.004(b-1).