C. Monitored Return
At any stage of the case, the court may order a monitored return of the child to a parent with DFPS remaining as temporary managing conservator. The monitored return cannot be for more than 180 days, but may be ordered without regard to the other deadlines.
1. Findings and Orders Required for a Monitored Return
The court may retain jurisdiction and not dismiss the suit if the court renders a temporary order that:
• Finds that retaining jurisdiction is in the best interest of the child;
• Orders DFPS to return the child to the child’s parent;
• Orders DFPS to continue to serve as temporary managing conservator of the child; and
• Orders DFPS to monitor the child’s placement to ensure that the child is in a safe environment. Tex. Fam. Code § 263.403(a).
If the court renders an order, the court shall:
• Include in the order specific findings regarding the grounds for the order; and
• Schedule a new date, not later than the 180th day after the date the temporary order is rendered, for dismissal of the suit unless a trial on the merits has commenced. Tex. Fam. Code § 263.403(b).
2. Failed Monitored Return
If a child placed with a parent under a monitored return must be moved from that home before dismissal of the suit or commencement of the trial on the merits, the court shall, at the time of the removal, schedule a new date for dismissal. The new dismissal date may not be later than the original dismissal date established under Tex. Fam. Code § 263.401 or the 180th day after the date the child is removed under Tex. Fam. Code § 263.403(c), whichever date is later. Tex. Fam. Code § 263.403(c).
If the court renders an order, the court must include in the order specific findings regarding the grounds for the order. Tex. Fam. Code § 263.403(d); In re J.W.M., 153 S.W.3d 541, 545 (Tex. App.—Amarillo 2004, pet. denied); In re Neal, 4 S.W.3d 443 (Tex. App.—Houston [1 Dist.] 1999, orig. proceeding).