Legal Overview of Permanency Hearing After Final Order
Texas Family Code
Title 5. The Parent-Child Relationship & the Suit Affecting the Parent-Child Relationship
Chapter 263. Review of Placement of Children under Care of Department of Family and Protective Services
Subchapter F. Permanency Hearings After Final Order
Please see the Checklist Section for the
Permanency Hearing After Final Order Checklist.
When a child is in the permanent managing conservatorship of DFPS, the court must periodically review the case to ensure that the child’s needs are being met and that efforts have not ceased to find the child a permanent placement. As long as the child remains in the permanent managing conservatorship of DFPS, whether parental rights have been terminated, the court must continue to review the status of the child until the child permanently leaves the managing conservatorship of DFPS through adoption, appointment of a person as managing conservator, or transitioning out of care upon the child’s 18th birthday or graduation from high school, whichever occurs later.
Historically, once a child entered the long-term care of DFPS through the appointment of that agency as permanent managing conservator, if adoption was not the long-term goal of the child, few efforts were made to continue working with the parents or to locate a suitable relative or another individual in order to place the child outside of foster care. Recent changes to the Family Code envision continued efforts to achieve permanency for a child, even after the appointment of DFPS as permanent managing conservator. This includes changing the terminology regarding this hearing to emphasize the need to seek permanency for a youth until the youth leaves care, even if DFPS has permanent managing conservatorship.
A. When Permanency Hearing After Final Order is Conducted
B. Notice of the Permanency Hearing After Final Order
C. The Child Shall Attend the Permanency Hearing After Final Order
D. Permanency Progress Report After Final Order
E. Conducting a Permanency Hearing After Final Order
F. Court Orders Related to Permanent Managing Conservatorship
G. Foster Youth Bill of Rights and Ombudsman’s Office
H. Transitional Services
I. Extended Jurisdiction for Youth Aging Out of Foster Care