Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

C. Parental Notification of Certain Medical Conditions

DFPS must provide notice of significant events regarding a child in foster care to the child's biological parents and others under Tex. Fam. Code § 264.018 in a manner that would provide actual notice to a person entitled to the notice, including the use of electronic notice whenever possible. Tex. Fam. Code § 264.018(c).

Not later than 24 hours after an event described by Tex. Fam. Code § 264.018(d), DFPS shall make a reasonable effort to notify a parent of a child in the managing conservatorship of the DFPS of:

•   A significant change in medical condition of the child, as defined by Tex. Fam. Code § 264.018(a)(4);

•   The enrollment or participation of the child in a drug research program under Tex. Fam. Code § 266.0041; and

•   An initial prescription of a psychotropic medication, as defined by Tex. Fam. Code § 266.001. Tex. Fam. Code § 264.018(d).

As soon as possible but not later than the 10th day after the date DFPS becomes aware of a significant event affecting a child in the conservatorship of DFPS, DFPS shall provide notice of the significant event to the child's parent. Tex. Fam. Code § 264.018(f).

Under Tex. Fam. Code § 264.018(5), a significant event includes:

•   A placement change, including failure by DFPS to locate an appropriate placement for at least one night;

•   A significant change in medical condition, as defined by Tex. Fam. Code § 264.018(a)(4);

•   An initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication, as defined by Tex. Fam. Code § 266.001;

•   A major change in school performance or a serious disciplinary event at school;

•   A placement in a qualified residential treatment program, as that term is defined by 42 U.S.C. Section 672(k)(4); or placement in a residential treatment center as defined by Tex. Fam. Code § 263.001, including meetings or conferences to determine the appropriateness of such a placement; or

•   Any event determined to be significant under DFPS rule.

For purposes of Tex. Fam. Code § 264.018(f), if a hearing for the child is conducted during the 10-day notice period described by Tex. Fam. Code § 264.018(f), DFPS shall provide notice of the significant event at the hearing. Tex. Fam. Code § 264.018(g).

DFPS is not required to provide notice under Tex. Fam. Code § 264.018 to a parent of a child in the managing conservatorship of DFPS if:

•   DFPS cannot locate the parent;

•   A court has restricted the parent's access to the information;

•   The child is in the permanent managing conservatorship of DFPS and the parent has not participated in the child's case for at least six months despite DFPS' efforts to involve the parent;

•   The parent's rights have been terminated; or

•   DFPS has documented in the child's case file that it is not in the best interest of the child to involve the parent in case planning. Tex. Fam. Code § 264.018(h).

A person entitled to notice from DFPS under Tex. Fam. Code § 264.018 shall provide current contact information pursuant to Tex. Fam. Code § 264.018(j).