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

Tex. Fam. Code § 102.004(b) allows persons with substantial past contact with a child leave to intervene in a pending suit if they can provide 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. However, a foster parent may only be granted leave to intervene under Tex. Fam. Code § 102.004(b) if the foster parent would have standing to file an original suit as provided by Tex. Fam. Code § 102.003(a)(12). Tex. Fam. Code § 102.004(b-1).