Texas Child Protection Law Bench Book

August 2015 edition

B. Notice of the Permanency Hearing After Final Order

In 2015, the 84^th 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).