A. Court Duties

Per Tex. Fam. Code § 263.107, not later than the 30th day after the date DFPS is named temporary managing conservator (TMC) of a child for whom the goal of DFPS is reunification with the parent, DFPS must develop a visitation plan in collaboration with each parent. In determining the frequency and circumstances of visitation, DFPS is to consider the safety and best interest of the child, the child's age, the desires of each parent regarding visitation with the child, the location of each parent and the child, and the resources available to DFPS, including resources to ensure visitation is properly supervised and providing transportation to the visit.

DFPS must file the visitation plan with the court 10 days before the Status Hearing, and the court must review the plan, taking into consideration the factors specified in Tex. Fam. Code § 263.107.

A visitation plan may be amended by mutual agreement of the child's parents and the department or as the department considers necessary to ensure the safety of the child. An amendment to the visitation plan must be in the child's best interest and may not conflict with a court order relating to possession of or access to the child. The department must file a copy of any amended visitation plan with the court. Tex. Fam. Code § 263.107.

Per Tex. Fam. Code § 263.108, after reviewing an original or amended visitation plan, the court must render an order regarding the parent's visitation with a child that the court determines is appropriate. Parents may petition the court to request review and modification of an original or amended plan. Tex. Fam. Code § 263.108(c).

Tex. Fam. Code § 263.109(b) states that if the court finds that visitation between a child and a parent is not in the child's best interest, the court shall render an order that states the reasons that visitation is not in the best interest of the child, and that outlines specific steps the parent must take to have visitation. DFPS developed a “No Contact Visitation Plan” that requires documentation of why visitation is not in the child's best interest and what needs to occur in order for contact or visitation to begin.

Also, if the order requires supervised visitation, it must outline specific steps the parent must take to have the level of supervision reduced. Tex. Fam. Code § 263.109(c).