J. Notice of Significant Events

During the 84^th legislative session in 2015, the Texas Legislature passed two bills related to the provision of notice to the child’s biological parents and others by DFPS of significant events regarding a child in foster care. The notice sections of new Tex. Fam. Code § 264.018 are in addition to other notice requirements provided by law, including Tex. Fam. Code § 264.107(g), which deals with placement of children, and Tex. Fam. Code § 264.123, governing the reporting duties of DFPS when a child in custody becomes missing. Tex. Fam. Code § 264.018(b).

DFPS must provide notice under Tex. Fam. Code § 264.018 in a manner that would provide actual notice to a person entitled to the notice, including the use of electronic notice whenever possible. Tex. Fam. Code § 264.018(c).

Not later than 24 hours after an event described by Tex. Fam. Code § 264.018(d), DFPS shall make a reasonable effort to notify a parent of a child in the managing conservatorship of the DFPS of:

•   A significant change in medical condition of the child [as defined by Tex. Fam. Code § 264.018(a)(4)];

•   The enrollment or participation of the child in a drug research program under Tex. Fam. Code § 266.0041; and

•   An initial prescription of a psychotropic medication [as defined by Tex. Fam. Code § 266.001]. Tex. Fam. Code § 264.018(d).

Not later than 48 hours before DFPS changes the residential child-care facility of a child in the managing conservatorship of DFPS, DFPS shall provide notice of the change to:

•   The child’s parent;

•   An attorney ad litem appointed for the child under Tex. Fam. Code Chapter 107;

•   A guardian ad litem appointed for the child under Tex. Fam. Code Chapter 107;

•   A volunteer advocate appointed for the child under Tex. Fam. Code Chapter 107; and

•   The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator’s designee. Tex. Fam. Code § 264.018(e).

As soon as possible but not later than the 10^th day after the date DFPS becomes aware of a significant event [as defined by Tex. Fam. Code § 264.018(a)(5)] affecting a child in the conservatorship of DFPS, DFPS shall provide notice of the significant event to:

•   The child’s parent;

•   An attorney ad litem appointed for the child under Tex. Fam. Code Chapter 107;

•   A guardian ad litem appointed for the child under Tex. Fam. Code Chapter 107;

•   A volunteer advocate appointed for the child under Tex. Fam. Code Chapter 107;

•   The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator’s designee;

•   A foster parent, prospective adoptive parent, relative of the child providing care to the child, or director of the group home or general residential operation where the child is residing; and

•   Any other person determined by the court to have an interest in the child’s welfare. Tex. Fam. Code§ 264.018(f).

A significant event means:

•   A placement change, including failure by DFPS to locate an appropriate placement for at least one night;

•   A significant change in medical condition [as defined by Tex. Fam. Code § 264.018(a)(4)];

•   An initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication [as defined by Tex. Fam. Code § 266.001];

•   A major change in school performance or a serious disciplinary event at school; or

•   Any event determined to be significant under DFPS rule. Tex. Fam. Code § 264.018(a)(5).

For purposes of Tex. Fam. Code § 264.018(f), if a hearing for the child is conducted during the 10-day notice period described by Tex. Fam. Code § 264.018(f), DFPS shall provide notice of the significant event at the hearing. Tex. Fam. Code § 264.018(g).

DFPS is not required to provide notice under Tex. Fam. Code § 264.018 to a parent of a child in the managing conservatorship of DFPS if:

•   DFPS cannot locate the parent;

•   A court has restricted the parent’s access to the information;

•   The child is in the permanent managing conservatorship of DFPS and the parent has not participated in the child’s case for at least six months despite DFPS efforts to involve the parent;

•   The parent’s rights have been terminated; or

•   DFPS has documented in the child’s case file that it is not in the best interest of the child to involve the parent in case planning. Tex. Fam. Code § 264.018(h).

A person entitled to notice from DFPS under Tex. Fam. Code § 264.018 shall provide current contact information pursuant to Tex. Fam. Code § 264.018(j).