Texas Child Protection Law Bench Book

August 2015 edition

C. Court Shall Advise/Warn Parents

1. Service Plan Progress Shall Be Reviewed at All Subsequent Hearings

The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the service plan. Tex. Fam. Code § 263.203(b).

2. Court Shall Warn Parents

The court is required to inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents demonstrate a willingness and ability to provide the child with a safe environment. Tex. Fam. Code § 263.006 and Tex. Fam. Code § 263.202(b)(2).

3. Advise Parent of Appointment of Attorney

Tex. Fam. Code § 263.203(a) requires that the court advise the parties of the provisions regarding the mandatory appointment of an attorney ad litem under Tex. Fam. Code Subchapter A Chapter 107 and appoint an attorney ad litem to represent the interests of any person eligible if the appointment is required by that subchapter. Tex. Fam. Code § 263.203(a).

Tex. Fam. Code § 263.0061 requires notice to parents of right to counsel. At the Status Hearing required by Tex. Fam. Code Chapter 263, Subchapter C and at each Permanency Hearing required by Tex. Fam. Code Chapter 263, Subchapter D, the court shall 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(a).

If a parent claims indigence and requests the appointment of an attorney in a proceeding under Tex. Fam. Code Chapter 263, Subchapter C and Tex. Fam. Code Chapter 263, Subchapter D, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may hear evidence to determine whether the parent is indigent. If the court determines the parent is indigent, the court shall appoint an attorney to represent the parent. Tex. Fam. Code § 263.0061(b).

4. Court Shall Review Visitation Plan

Court shall review the visitation plan, taking into consideration the factors specified in Tex. Fam. Code § 263.107(c). Tex. Fam. Code § 263.108(a). See Section E of this chapter.

The court may modify, or order DFPS to modify, an original or amended visitation plan at any time. Tex. Fam. Code § 263.108(b).