Texas Child Protection Law Bench Book

Updated September 2025

C. Foster Parent Interventions

1. General Standing Provision: Tex. Fam. Code § 102.003 (a)(11)

An original suit may be filed at any time by a person who is the foster parent, relative, or designated caregiver of a child placed by DFPS 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 unless the child has been returned to the parent under Tex. Fam. Code § 263.403 or the child has been placed with a parent and the suit by DFPS has been dismissed under Tex. Fam. Code § 263.401. Tex. Fam. Code § 102.003(a)(11).

2. Foster Parent Intervention Limited

The court may grant persons other than a grandparent or other relative of the child within the fourth degree of consanguinity 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 and each parent consents to the intervention. Tex. Fam. Code § 102.004(b-2). However, a foster parent, relative, or designated caregiver may only be granted leave to intervene under Tex. Fam. Code § 102.004(b-2) if the foster parent, relative, or designated caregiver would have standing to file an original suit as provided by Tex. Fam. Code § 102.003(a)(11). Tex. Fam. Code § 102.004(b-3).