Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

E. Procedural and Due Process Issues

At each Permanency Hearing Before Final Order, the court shall:

•   Identify all persons or parties present at the hearing or those given notice but failing to appear. Tex. Fam. Code § 263.306(a-1)(1).

•   Review the efforts of DFPS or other agency in:

◦   locating and requesting service of citation on all persons entitled to service of citation under Tex. Fam. Code § 102.009; and

◦   obtaining the assistance of a parent in providing information necessary to locate an absent parent, alleged father, or relative of the child. Tex. Fam. Code § 263.306(a-1)(2).

•   Inform each parent not represented by an attorney of:

◦   the right to be represented by an attorney; and

◦   if a parent is indigent and appears in opposition to the suit, the right to a court-appointed attorney. Tex. Fam. Code § 263.0061.