Texas Child Protection Law Bench Book

Updated September 2025

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 and the parent's attorney, if represented by an attorney, of:

•   A significant change in medical condition of the child;

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

•   An initial prescription of a psychotropic medication; and

•   A change in the child's placement. Tex. Fam. Code § 264.018(d).

As soon as possible but not later than 48 hours after 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 and the parent's attorney, if represented by an attorney. Tex. Fam. Code § 264.018(f).

Under Tex. Fam. Code § 264.018(a)(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;

•   An initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication;

•   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 48-hour notice period, 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).

Even if DFPS is not required to provide notice to a parent of a child in the managing conservatorship of DFPS as provided by Tex. Fam. Code § 264.018(h), DFPS shall provide notice under Tex. Fam. Code § 264.018 to a parent's attorney if the parent is represented by an attorney if:

•   DFPS cannot locate the parent; or

•   The child is in the PMC 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. Tex. Fam. Code § 264.018(h-1).

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