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).

3. Case Law Related to Standing for Foster Parent Interventions

It is of note that case law is developing around foster parent standing to request termination or adoption under Tex. Fam. Code § 102.005.

In rejecting the Department's argument that “foster-family specific amendments” to Tex. Fam. Code § 102.003 and Tex. Fam. Code § 102.004 demonstrated the Legislature's intent to exclude foster parents from Tex. Fam. Code § 102.005(3), the Texas 9th Court of Appeals stated that the Legislature “addressed adoption placements and foster parents in some subsections of Tex. Fam. Code § 102.005, but the Legislature neither limited subsection (3) to exclude foster parents nor made the other subsections exclusive means through which a foster parent could petition for termination and adoption,” and held that “[a] party who has standing to file an original suit under Tex. Fam. Code § 102.005 may also file an intervention under that same statute.” In re C.E.L., No. 09-21-00294-CV, (Tex. App.—Beaumont Mar. 3, 2022, pet. denied) (mem. op.).

The Texas 10th Court of Appeals has also found that Tex. Fam. Code § 102.005(3) “does not exclude foster parents from filing a petition for termination and adoption” and “the Legislature neither limited Tex. Fam. Code § 102.005(3) to exclude foster parents nor made the other subsections exclusive means through which a foster parent could petition for termination and adoption.” Since the foster parents met the requisite for standing under Tex. Fam. Code § 102.005(3), it reversed the trial court's ruling striking the foster parents' petition in intervention and for adoption based on lack of standing. In re K.T.R., No. 10-22-00219-CV (Tex. App.—Waco Dec. 21, 2022, pet. denied) (mem. op.).