Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

A. Permanency Hearing Before Final Order

1. Initial Permanency Hearing

The first Permanency Hearing must be held no later than the 180th day after the date the court renders a temporary order appointing DFPS as temporary managing conservator of a child and the court shall review the status of, and permanency plan for, the child to ensure that a final order consistent with that permanency plan is rendered before the date of dismissal of the suit under Tex. Fam. Code Chapter 263. Tex. Fam. Code § 263.304(a).

2. Subsequent Permanency Hearing

A subsequent Permanency Hearing before entry of a final order shall be held not later than the 120th day after the date of the last Permanency Hearing in the suit. For good cause shown or on the court's own motion, the court may order more frequent hearings. Tex. Fam. Code § 263.305.

Special Issue: In addition to the required findings, some judges and attorneys use the second Permanency Hearing Before Final Order as a pretrial conference to discuss discovery, the pleadings upon which DFPS will be seeking relief, and other trial-related issues. Both permanency hearings can also be used as opportunities to discuss mediation and/or settlement.