3. Show Cause Hearing

Tex. Fam. Code § 262.113

15 minutes; up to 25 suggested best practice

Prior to Hearing:

⧠ Suit supported by sworn affidavit

⧠ Hearing promptly set after filing

⧠ Child’s AAL/GAL appointed and notified

⧠ All necessary parties served

⧠ CCEJ identified

At Hearing (follows Tex. Fam. Code § 262.201):

⧠ Identify parties present

⧠ Inform parents of right to attorney

⧠ Determine indigence

⧠ If AAL hasn’t seen client, form filed

⧠ DFPS notice to relatives

⧠ Need for language interpretation

⧠ Child Placement Resources Form/efforts to identify/locate parties not present

⧠ CPS and criminal background checks conducted and home studies initiated

⧠ Indian/Native American Heritage

⧠ Family Visitation Plan

At the End of the Hearing:

Determine sufficient evidence to grant DFPS TMC of child; if not, child remains in home

Document remaining is home is contrary to welfare; reasonable efforts to prevent removal and to return child home

If child removed, issue appropriate order under Tex. Fam. Code Chapter 105

If child removed, inform parents that rights may be terminated or limited

If cite by pub needed, may render temporary order anyway

Place child with noncustodial parent or relative unless not in best interest

Determine aggravated circumstances alleged or exist

If family violence, protective order necessary or available

Child victim of human trafficking, placement in secure agency foster or group home

ISSUE COURT ORDER:

•   Service

•   Parentage or DNA testing

•   Dismissal date

•   Transfer to CCEJ

Best Practices:

Diligent efforts to locate parties not present

Engage parties with direct questions

Ask DFPS direct and specific questions about reasonable efforts

Review services with parents

Set Status Hearing date

Open court notice

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 at Show Cause Hearing:

School stability, education goals, progress, and issues, and education decision-maker

Medical care and behavioral or psychiatric care

Young adult presence at hearing or opinion about education or medical care