Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

C. Information Provided to Relatives and Certain Individuals

When DFPS takes possession of a child under Tex. Fam. Code Chapter 262, DFPS shall provide information in writing to each adult who DFPS is able to identify and locate and who is:

•   Related to the child within the fourth degree of consanguinity;

•   An adult relative of the alleged father if DFPS has a reasonable basis to believe the alleged father is the child's biological father; or

•   Identified as a potential relative or designated caregiver as defined by Tex. Fam. Code § 264.751 on the proposed Child Placement Resources Form provided under Tex. Fam. Code § 261.307 and may provide information regarding an adult who DFPS determines has a long-standing and significant relationship with the child. Tex. Fam. Code § 262.1095(a).

•   The written notice must include, among other things:

◦   notice that the child is in the state's custody;

◦   options available for participation in the care and placement and support of the family, the methods by which the individual may exercise those options, and any requirements the individual must satisfy to exercise those options, including the requirement that the individual be evaluated by the DFPS under Tex. Fam. Code § 262.114 before the individual may serve as a substitute caregiver; and the deadlines before which the individual must respond to exercise those options;

◦   options that may be lost if the individual fails to timely respond;

◦   the date, time, and location of the Status Hearing, if applicable; and

◦   information regarding the procedures and timeline for a suit affecting the parent-child relationship. Tex. Fam. Code § 262.1095(b).

DFPS is not required to provide information to a person who has criminal or family violence history. Tex. Fam. Code § 262.1095(c).

DFPS must provide the information immediately after the person has been identified and located. Tex. Fam. Code § 262.1095(d-1).

DFPS must use due diligence to identify and locate all individuals described by Tex. Fam. Code § 262.1095(a) within 30 days of the date DFPS files the SAPCR. Tex. Fam. Code § 262.1095(d). The failure of a parent or alleged father to complete the Child Placement Resources Form does not relieve DFPS of its duty to seek information about persons under Tex. Fam. Code § 262.1095(d). Tex. Fam. Code § 262.1095(e).