B. Notice of the Permanency Hearing After Final Order
In 2015, the 84th Texas Legislature amended the statute regarding notice of all Tex. Fam. Code Chapter 263 hearings. Notice of a hearing under Tex. Fam. Code Chapter 263 shall be given to all persons entitled to notice of the hearing. Tex. Fam. Code § 263.0021(a).
The following persons are entitled to at least 10 days' notice and are entitled to present evidence and be heard at a hearing under Tex. Fam. Code Chapter 263:
• DFPS;
• The foster parent, pre-adoptive parent, relative providing care, or the director or director’s designee of the group home or general residential operation where the child resides;
• Each parent of the child;
• The managing conservator or guardian of the child;
• An attorney ad litem appointed for the child, if the appointment was not dismissed in the final order;
• A guardian ad litem appointed for the child, if the appointment was not dismissed in the final order;
• A volunteer advocate appointed for the child, if the appointment was not dismissed in the final order;
• The child if:
◦ the child is 10 years of age or older; or
◦ the court determines it is appropriate for the child to receive notice; and
• Any other person or agency named by the court to have an interest. Tex. Fam. Code § 263.0021(b).
Notice of a hearing under Tex. Fam. Code Chapter 263 may be given:
• As provided by Tex. R. Civ. P. 21a;
• In a temporary order following a full Adversary Hearing;
• In an order following a hearing under Tex. Fam. Code Chapter 263;
• In open court; or
• In any manner that would provide actual notice to a person entitled to notice. Tex. Fam. Code § 263.0021(c).
The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator’s designee is entitled to at least 10 days’ notice of a Permanency Hearing After Final Order. Tex. Fam. Code § 263.0021(d).