D. Permanency Progress Report After Final Order

1. Filing the Permanency Progress Report After Final Order

Not later than the 10th day before the date set for a Permanency Hearing After Final Order, DFPS shall file a permanency progress report with the court. Tex. Fam. Code § 263.502(a). For good cause shown, the court may order a different time for filing the report or that a report is not required for a specific hearing. Tex. Fam. Code § 263.502(a-2).

2. Copies of Report Provided

DFPS shall provide a copy to each person entitled to notice of the hearing under Tex. Fam. Code § 263.0021. Tex. Fam. Code § 263.502(a).

Special Issue: If all necessary persons entitled to notice were properly notified and are before the court but did not receive the Permanency Progress Report, a court might consider allowing the persons the opportunity to review the report during a recess.

3. Permanency Progress Report Contents

The permanency progress report must contain:

•   Information necessary for the court to conduct the Permanency Hearing and make its findings and determinations under Tex. Fam. Code § 263.5031;

•   Information on significant events, as defined by Tex. Fam. Code § 264.018; and

•   Any additional information DFPS determines is appropriate or that is requested by the court and relevant to the court’s findings and determinations under Tex. Fam. Code§ 263.5031. Tex. Fam. Code § 263.502(a-1).