Sec. 263.501: Placement Review After Final Order

(a) If the department has been named as a child’s managing conservator in a final order that does not include termination of parental rights, the court shall conduct a placement review hearing at least once every six months until the child becomes an adult.

(b) If the department has been named as a child’s managing conservator in a final order that terminates a parent’s parental rights, the court shall conduct a placement review hearing not later than the 90th day after the date the court renders the final order. The court shall conduct additional placement review hearings at least once every six months until the date the child is adopted or the child becomes an adult.

(c) Notice of a placement review hearing shall be given as provided by Rule 21a, Texas Rules of Civil Procedure, to each person entitled to notice of the hearing.

(d) The following are entitled to not less than 10 days’ notice of a placement review hearing and are entitled to present evidence and be heard at the hearing:

(1) the department;

(2) the foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution in which the child is residing;

(3) each parent of the child;

(4) each possessory conservator or guardian of the child;

(5) the child’s attorney ad litem and volunteer advocate, if the appointments were not dismissed in the final order

(6) the child if:

(A) the child is 10 years of age or older; or

(B) the court determines it is appropriate for the child to receive notice; and

(7) any other person or agency named by the court as having an interest in the child’s welfare.

(e) The licensed administrator of the child-placing agency responsible for placing the child is entitled to not less than 10 days’ notice of a placement review hearing.

(f) The child shall attend each placement review hearing unless the court specifically excuses the child’s attendance. A child committed to the Texas Youth Commission may attend a placement review hearing in person, by telephone, or by videoconference. The court shall consult with the child in a developmentally appropriate manner regarding the child’s permanency or transition plan, if the child is four years of age or older. Failure by the child to attend a hearing does not affect the validity of an order rendered at the hearing.

(g) A court required to conduct placement review hearings for a child for whom the department has been appointed permanent managing conservator may not dismiss a suit affecting the parent-child relationship filed by the department regarding the child while the child is committed to the Texas Youth Commission or released under the supervision of the Texas Youth Commission, unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than the department.

Comments

Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 849, Sec. 8, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1304, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 108, Sec. 9, eff. May 23, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1372, Sec. 8, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 1372, Sec. 8, eff. June 19, 2013.