2. Show Cause Hearing

15 minutes; up to 25 suggested best practice

Prior to Hearing, review court file to determine:

⧠ Suit filed pursuant to Tex. Fam. Code § 262.113, Filing Suit without Taking Possession of Child.

⧠ Suit supported by sworn affidavit of person with personal knowledge and stating facts sufficient to satisfy a person of ordinary prudence and caution that:

•   Reasonable efforts have been made to prevent or eliminate the need to remove the child; and

•   Allowing the child to remain in the home would be contrary to the child’s welfare. Tex. Fam. Code § 262.113

⧠ Hearing promptly set. Tex. Fam. Code § 262.205(a)

⧠ Child’s AAL/GAL has been appointed and notified of hearing. Tex. Fam. Code § 107.011; Tex. Fam. Code § 107.012

⧠ All necessary parties served. Tex. Fam. Code § 102.009

⧠ Court of Continuing, Exclusive Jurisdiction identified. Tex. Fam. Code § 155.101

At Hearing (BP to follow findings required in Tex. Fam. Code § 262.201):

⧠ Identify those present, note those not present, determine service on parties, and swear witnesses. Tex. Fam. Code § 102.009

⧠ Parents not represented by attorney informed of right to be represented by an attorney, and if indigent and in opposition to suit, right to court-appointed attorney. Tex. Fam. Code § 262.201(a-1)

⧠ If a parent claims indigence, hear evidence and make determination. Tex. Fam. Code § 262.201(a-3)

⧠ Ask Attorney Ad Litem if has seen client and when.

•   If AAL has not seen client, ensure form is provided. Tex. Fam. Code § 107.004(d)(2)

⧠ Confirm that DFPS has generated notice to relatives. Tex. Fam. Code § 262.1095(a)

⧠ Determine if language interpretation is needed. Tex. Gov. Code Ann. § 57.002

⧠ Determine whether parent, alleged father, or relative before the court submitted Child Placement Resources Form. Tex. Fam. Code § 261.307(a)(2), Tex. Fam. Code § 262.201(c)

⧠ Review placement and determine whether CPS and criminal background checks have been conducted and whether home studies have been initiated. Tex. Fam. Code § 262.114(a-1)(2); Tex. Fam. Code § 264.114(b)

⧠ Inquire about Indian/Native American Heritage. 25 U.S.C. §1912; Tex. Fam. Code § 262.201(a-4)

•   Inquire of all parties if there’s Indian heritage in the family.

•   Determine which tribes may be involved.

•   Ensure proper notice to parent, tribe if known, and Bureau of Indian Affairs if tribe unknown. (See Topical Checklist: ICWA)

⧠ Review and approve temporary Family Visitation Plan. Tex. Fam. Code § 262.115

At End of Hearing:

⧠ Grant request to remove the child if sufficient evidence to satisfy a person of ordinary prudence and caution that:

•   Reasonable efforts have been made to prevent or eliminate the need to remove the child from the child’s home; and

•   Allowing the child to remain in the home would be contrary to the child’s welfare. Tex. Fam. Code § 262.205(b)

⧠ If child removed, issue appropriate order under Tex. Fam. Code Chapter 105. Tex. Fam. Code § 262.205(c)(1).

⧠ If child removed, inform each parent in open court that parental and custodial rights and duties may be subject to restriction or termination unless the parent is willing and able to provide a safe environment for the child. Tex. Fam. Code § 262.205(c)(2)

⧠ If citation by publication required, render temporary order without regard to citation being published. Tex. Fam. Code § 262.205(d)

⧠ Unless not in the child’s best interest, place child with:

•   Child’s noncustodial parent; or

•   Another relative of the child if placement with the noncustodial parent is inappropriate. Tex. Fam. Code § 262.205(e)

⧠ Determine whether aggravated circumstances are alleged or exist. Tex. Fam. Code § 262.2015

⧠ Determine whether family violence has occurred and Protective Order needed. Tex. Fam. Code § 262.205(f)

⧠ Determine whether child victim of human trafficking and needs placement in secure agency foster or group home. Tex. Fam. Code § 262.011

⧠ ISSUE COURT ORDER and include or address:

•   Service on all parties entitled to service. Tex. Fam. Code § 102.009

•   Parentage or DNA testing. Tex. Fam. Code § 160.502

•   Dismissal date. Tex. Fam. Code § 263.401

•   Transfer to court of continuing, exclusive jurisdiction, if applicable. Tex. Fam. Code § 262.203

Best Practices:

⧠ Review diligent efforts to locate missing parent or relative of missing parent.

⧠ Engage parties with direct questions:

•   Do you speak English?

•   Do you understand the purpose of this hearing?

•   Do you understand what I’ve explained about your parental rights?

⧠ Ask DFPS direct and specific questions about Reasonable Efforts.

•   Tell me what efforts you made to prevent or eliminate the need to remove Mary Jane Smith

•   Tell me what efforts you made to enable Mary Jane to stay in her home

•   Tell me specifically the continuing danger to Mary Jane if she is remains in her home

⧠ Review services with parents, as applicable or appropriate. Tex. Fam. Code § 263.105

⧠ Set status hearing date and announce in open court. Tex. Fam. Code § 263.201(a)

⧠ Ask the following questions:

•   What is preventing this child from remaining in the home today?

•   How is my decision specific to this child and this family?

•   Are there cultural issues we need to understand?

Well-being issues that may be pertinent at Show Cause Hearing:

⧠ Education Decision-maker, school stability, education goals, progress, school-related issues. Tex. Fam. Code § 263.004 [BP at Show Cause Hearing]

⧠ Medical care and behavioral or psychiatric care. Tex. Fam. Code § 266.007 [BP at Show Cause Hearing]

⧠ Young adult presence at hearing or opinion about education or medical care. Tex. Fam. Code § 263.302; Tex. Fam. Code § 266.007 [BP at Show Cause Hearing]