Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

I. Review of Placement of a Child in a Residential Treatment Center

Based on the court's determination under Tex. Fam. Code § 263.002, the court must review at the permanency hearing whether continued placement is appropriate. Tex. Fam. Code § 263.306(a-1)(5)(J). The court must determine whether:

•   The child's needs can be met through placement in a family-like setting;

•   The RTC can provide the most effective and appropriate level of care for the child;

•   If the RTC is the least restrictive setting consistent with the child's best interest and individual needs; and

•   If the RTC is consistent with the short-term and long-term goals for the child, as specified by the child's permanency plan. Tex. Fam. Code § 263.002(e).

When making the determination, the court may consider: any medical, psychological, or psychiatric assessments; the child's current treatment plan and progress being made; any significant medical, legal, or behavioral incidents involving the child; the reasons for the child's discharge from current or former placement; the programs available at the RTC; the RTC's discharge plan; whether there are other programs that more effectively meet the child's needs; and other relevant information. Tex. Fam. Code § 263.002(f).