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As a school counselor, I chose to create this legal pallet as a resource tool for educators working with Child Protective Services or Children in the Foster Care System. I chose this topic because as an elementary school counselor this is something that I have encountered and had to work through many times. As a new counselor, I was very hesitant and intermediated by Child Protective Services or the thought of having students in Foster Care System. I also get attached to my students, so it was always a fear to get emotional attached to these students and then never see them again. As a mom myself, I also have a hard time being compassionate for parents that struggle to take care of their children. It bothers me to see good kids struggle behaviorally and emotionally due to the circumstances around them. This topic is very important to school counselors and even educators because this is something we see often in our public school system. I hope that having this as a resource will help ease the mind of other school counselors and even some educators when working with these children, parents, and often times case workers.

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In the field of counseling, school counselors could potentially have to work with Child Protective Services on a regular basis.  This could be with reporting, following up, or working with case workers due to foster students attending your school.  In my past experience this is all handled by the school counselor and as the school counselor you meet with these students on a regular basis while they are at your campus.  These students come from many different places with many different cases and it is the school counselors job to make sure they are okay and have the right tools to be as successful as possible.  For this interview I interviewed Jill Linnell, an elementary school counselor at Edison Elementary School in Gainesville, Texas.  Mrs. Linnell is a seasoned counselor when it comes to working with foster care students.  She sat down with me and discussed how she handles working with students in the Foster Care System.  Jill described working with students in the Foster Care System as one of the most challenging, yet rewarding parts of her job(personal communication, November 24, 2021).  Jill feels that foster students often time lack coping skills on how to deal with negative situations. Jill feels that one of the true highlights of her job is to help these students learn coping mechanisms, and see the child use the skills in action.
She feels that being a consistent person in a foster child's life is rewarding and taxing at the same time.  Jill finds it difficult to let go and separate from these students when they start to do well because she finds herself as the one consistent person in their lives and she never wants them to feel abandoned.  She said at the same time, she has to trust in the skills she has taught them and trust that they will have support from foster parents.  She feels strong emotions of sadness and happiness (J. Linnell, personal communication, November 24, 2021).
Due to the inconsistency of the Texas Foster Care System, these children can often times be bounced back and forth between homes.  These students have little structure or consistency in their lives.  They are often times just trying to survive the best way they can.  This can present a lot of challenges when working with these students.  Jill said it is important to remain consistent and teach them skills on how to deal with the daily obstacles.  Teaching them the basic rules of how a family operates is often beneficial when bouncing from family member, to family member, and back to foster homes.
Mrs Linnell expressed her concern for the Texas Foster Care System. The increase in cases of abuse and neglect in the foster care system is growing, Jill said this negatively impacts their education and personal growth in a major way. It is important to be observant and watch for any signs of abuse or neglect.  You aren't just working on issues from their own home life, she says you must be mindful of their home life in the present as well. Developing a relationship and a sense of trust is vital when working with foster children.   As a counselor, she says you must be diligent, strong, and patient with these children.  It takes time and lots of effort to get them to open up, so you can see progress and growth (J. Linnell, personal communication, November 24, 2021).

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I am so excited to serve as Edison's counselor. I have been serving the children of Cooke County for almost 25 years. First, as an employee of the Boys & Girls Club of Cooke County and second, as the Fine Arts teacher at Edison Elem for 16 years.

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The Texas Education Agency (TEA), is a wonderful resource for counselors and educators who are working with students in Foster Care.  The TEA provides resources and information that will impact the education of Texas student's living in foster care.  These materials provide guidance for the nearly 16,000 students in the Texas foster care system and their unique circumstances. TEA provides you with resources such as district liaisons, state efforts, collaboration, laws and guidance, and child protective services (Texas Education Agency, 2020).

Reference:
Texas Education Agency. (2020). Foster care & student success | texas education agency. Texas education agency. https://tea.texas.gov/academics/special-student-populations/foster-care-and-student-success/foster-care-student-success

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Foster Care & Student Success, housed in Texas Education Agency's Division of Federal and State Education Policy maintains resources and information to advance the education of student's impacted by foster care. The resources and materials provide guidance related to the unique circumstances surrounding students who are in the foster care system and attend Texas public schools. In Texas, nearly 16,000 school-age students are in foster care at any given time.

The Foster Care & Student Success web content is divided into the following areas:

Foster Care & Student Success Resource Guide

TEA developed a premiere resource to support Texas schools in addressing the education of students in foster care: Texas Foster Care & Student Success Resource Guide (PDF). This guide is the product of collaboration with the Texas Department of Family and Protective Services, the Supreme Court of Texas, and the Permanent Judicial Commission for Children, Youth and Families (Children's Commission). This e-guide and training manual contains a variety of key researched-based topics and calls attention to important matters related to the education of students in foster care. The guide promotes best practices and contains numerous tips, tools, resources and links to more information.

TEA desires that the guide be widely used and distributed! Please share with your districts, schools and networks. The guide is available in a variety of formats.

Guide Formats

You can download the complete resource guide below:

Individual chapter downloads are also available:

Foster Care & Student Success Resource Guide - Content Sections

The School Experience: Providing Student Support, Implementing Academic
Supports and Interventions & Promoting High School Completion

1.3 MB

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Foster Care & Student Success, housed in Texas Education Agency's Division of Federal and State Education Policy maintains resources and information to advance the education of student's impacted by foster care. The resources and materials provide guidance related to the unique circumstances surrounding students who are in the foster care system and attend Texas public schools.

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The Texas Foster Care System is worsening day by day for these children.  Due to the increase in numbers, these children are being placed with untrained individuals and unlicensed facilities, which is illegal. The harm foster children go through is beyond loneliness and missed meals.  These children are being subjected to physical, mental, and even sexual abuse while in placement.  The foster care crisis is now on the call for special session.  The hardships of these children fall on the counselor in the educational setting.  It is our job to help aid in this crisis situation.  School counselors are going to have to be trained on how to best serve this specific student population with numbers growing rapidly(Bohra & Oxner, 2021).

Reference:
Bohra, N., & Oxner, R. (2021, July 19). Texas foster care crisis worsens, with fast-growing numbers of children sleeping in offices, hotels, churches. The Texas Tribune. https://www.texastribune.org/2021/07/19/texas-foster-care-crisis/

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Prince Hayward was 6 or 7 years old the first time he spent the night on an office floor.

Hayward was ushered into a common area, and a caseworker fished out a mat for him to sleep on. His parents had lost temporary custody of him - again. The caseworker moved to another room, and Hayward lay there under the fluorescent lights, alone and wondering where he'd end up next.

From there he entered a revolving door of residential treatment centers, group homes, emergency shelters, a couple of foster homes and Child Protective Services offices. Sometimes other children were there, sometimes he was alone. Sometimes he was made to throw away part of his belongings before going to the office. Until he aged out of the system at age 18, sleeping in an office became routine.

"I hate to compare it to jail, but you're basically sleeping on a jail mattress," Hayward said. "Most times I didn't sleep. I couldn't sleep. It was the environment, but also just everything was hitting you at the time."

On occasions, Hayward said, he "had to almost beg for" a shower, toothbrush, toothpaste or even a meal. Sometimes he sat all day in the office instead of attending school.

"Every day was uncertain," he said. "You don't know where you're going to lay your head - where you're going to get your next plate of food."

Hayward is one of thousands of children who've spent nights in CPS offices over the last decade, despite orders from state and local officials barring the practice. And although children without proper placements have been an issue for years, the number of children has skyrocketed, totalingnearlya tenfold increase from a year ago.

The increase in placement shortages has been spurred by shelters and placement facilities shutting down - caused by increased scrutiny on the system in the midst of a decade-long federal lawsuit and by a lack of funding for higher provider payments. Advocates and Texas Department of Family and Protective Services employees say the state's payments to private providers may not be enough to justify the costs of their services within the privatized system. This year, the state lost at least 1,000 beds for children, mostly from facilities that serve multiple children rather than from individual foster families.

"Our current situation is worsening by the day for our children and front-line caseworkers," DFPS Commissioner Jaime Masters wrote in a letter to Texas lawmakers in May, outlining the rising crisis. "Our lack of capacity undoubtedly increased significantly with COVID-19, but that is no longer the primary issue. The federal foster care lawsuit and insufficient [provider payment] rates are now having a significant impact."

The crisis has worsened each month this year, with providers dropping out or refusing to accept placements. It's technically illegal to place children overnight in unlicensed facilities, but because of mounting demand, children are sleeping in such places anyway.

The harm to foster children goes beyond loneliness and missed meals. Foster children have been subjected to physical and sexual abuse in these temporary placements. Children have gone missing while in state care and some have been groomed for sexual trafficking. CPS workers - trained for case management, not therapeutic care - have their hands tied in how to respond.

"We're talking about traumatized children who have experienced abuse, neglect, who are being put in what's now makeshift residential treatment centers or makeshift group homes being supervised by CPS workers," said Judge Aurora Martinez Jones, who oversees child welfare cases in 126th District Court in Travis County. "The [CPS workers] are not trained as caregivers ... for the care of children who've been abused, neglected and who've experienced a lot of trauma. It is not serving the kids well. It is not serving the workers well."

Despite the urging of advocates and DFPS officials for increased payments for providers, lawmakers did not increase the rates during the Texas Legislature's regular session this year. Gov. Greg Abbott put the foster care crisis on the call for the special session, but that's been stalled since House Democrats fled the state to block action on voting restriction bills.

House Bill 261 appears to be the only bill filed thus far during the special session that tackles foster care funding. The bill calls for increased funding for families providing foster care for children younger than 16 and for families with incomes under the poverty line, but it does not address the critically needed facilities that can provide therapeutic care. Lawmakers have taken no action on the bill, since it was filed on Tuesday, after Democrats broke quorum.

Last month, 415 children in Texas spent at least two consecutive nights in unlicensed placements, including hotels, churches and offices, because no suitable beds were available, according to state data. That's the highest number since the state started tracking such placements five years ago.

Advocates and system workers say the woes that plague the foster care system - which is currently responsible for more than 15,000 children - range from patterns of abuse and neglect to shortages in capacity and care, a multifaceted issue with no single solution.

And the children in these unlicensed placements, officially referred to as "children without placement" or CWOP, are most often those with the most serious physiological, psychological and behavioral needs - needs that should be met by specially trained professionals working in facilities like therapeutic foster homes and residential treatment facilities. In many cases, they are children who couldn't be adequately cared for in a traditional foster home.

Dallas CASA President Kathleen LaValle, whose organization is made up of advocates for children, said children without placements tend to be teenagers who have complex needs and in some cases were given up voluntarily by their parents. These children may even have been rejected by residential treatment centers in some instances because of the lack of available beds or because they require more hands-on care than the facility can provide, she said.

"We're concentrating a congregation of high-needs kids with lots of emotion and drama built in, and then putting them in an abnormal environment that breeds destruction and instability," LaValle said. "It's a perfect storm."

The federal lawsuit targeting the Texas foster care system was filed in 2011. U.S. District Judge Janis Jack ruled in 2015 that Texas was violating foster children's constitutional right to be free from an unreasonable risk of harm, saying that children "often age out of care more damaged than when they entered."

Twice, Jack has held the state in contempt of the court for failing to adhere to her orders aimed at overhauling the system. The court appointed two monitors to act as watchdogs for the system and investigate areas of deficiencies.

The monitors have released multiple bombshell reports bringing shocking conditions to light, and the judge has ordered state officials to remedy a long list of deficiencies.

One of the orders requires facilities that have a high rate of contract and standards violations over several years to be put on heightened monitoring, which means the state more closely scrutinizes the operations of a facility and puts it on an improvement plan. This includes weekly unannounced visits from officials and requires approval from the CPS associate commissioner before any children in long-term foster care are placed there.

Dozens of facilities were placed under this heightened monitoring after patterns of abuse, neglect and other deficiencies were discovered.

"While the District Court has explained [that] its remedies are designed to improve care and safety for children, providers nevertheless say they are afraid of heightened monitoring and what it means," Masters wrote in the letter to lawmakers.

Many advocates see the closure of such facilities as necessary.

"If there are providers being shut down because they are unsafe placements - that's what needs to happen," said Kerrie Judice, a child protective services research and policy analyst for the nonprofit TexProtects. "We don't want providers who have these long histories of deficiencies that continue to place kids in unsafe situations. Those are the operations that should be shut down."

Heightened monitoring can mean requirements to hire more staff, which advocates say is the reason some providers have closed down.

"Ultimately the problem is that it's a business," Martinez Jones said of the foster care providers. "You're going to look at the risk. Particularly with that federal lawsuit, some may look at the orders that have come out and say, 'It may not be worth the risk for me to get into that business.'"

But state Rep. James Frank, R-Wichita Falls, a former foster parent who has spearheaded a number of foster care-related initiatives, said the lawsuit is causing more harm than good.

While the judge has done her job in catching the bad facilities, Frank said, her orders and heightened monitoring have ensnared other facilities, mostly nonprofits, who are doing good work with children.

"We should be using a scalpel, not a chainsaw," he said. "I think the monitors have done a small amount of good and a whole lot of bad."

According to Frank, more than a third of all providers are under heightened monitoring, which brings with it a number of accountability measures and reporting requirements. Adding staff and fulfilling other requirements raises providers' costs. But the problem is that there is no clear pathway off of heightened monitoring, leading to facilities closing, he said.

The quickest and easiest fix for the placement crisis is to raise the amount of money paid to providers, to enable them to afford the cost of heightened monitoring, Frank said. But ultimately, he said, a sustainable way to end heightened monitoring is necessary, as well as a host of other thoughtful changes.

Frank said he's been in talks with other lawmakers, advocates and the governor's office and that he's confident the rates paid to providers will go up - even if it's in another special session this year.

Katie Olse, chief executive of the trade group Texas Alliance of Child and Family Services, which represents foster home administrators, said in a statement, issued before the House quorum was broken, that her organization was pleased to see the issue on the special session agenda.

"We encourage our legislators to look at solutions that recognize and support the highly complex needs of our state's most vulnerable children and youth," Olse said.

Abbott's action provided a glimmer of hope for foster care advocates, but now that House consideration of bills is stalled, it's unclear when the placement crisis could be taken up again by lawmakers.

State employees have also supported increased rates for foster care contracts. DFPS spokesperson Patrick Crimmins said in a statement earlier this month that the department is "very appreciative of Governor Abbott for including this important issue, and we look forward to working with the Legislature and our foster care providers."

Judice said additional funding, especially for raising contract rates for providers, is badly needed. But other solutions for the placement crisis also need to be discussed, she said.

"That's not the silver bullet - like if we just fixed provider rates we can't just put our hands in the air, OK, done, we fixed the system," she said. "[But it] is definitely a piece of that puzzle."

Martinez Jones said the problems in the foster care system are abundant, and many measures need to be adopted to help fix them. She said the state should focus on a combination of infusing state funds, collaborating with local communities, increasing capacity, overhauling existing frameworks and working with families. The problem is urgent, she said.

"Childhood is so short," Martinez Jones said. "We have children for such a short amount of time. And during that time, they are remarkably impressed upon and transformed into the adults that they're going to become.

"If we can do better by children, we're going to do better by society altogether, and that window is short," she said. "The child welfare system needs to be reimagined in a way that actually does that, because what we have right now is a system that has a lot of expectation upon it, but it was never built to do what we expect it to do, so we have to drastically, and with urgency, imagine a better system and build that."

Now aged out of the system, Hayward works as an advocate for children in circumstances similar to what he lived through. He has a couple pieces of advice for children placed in offices now, as well as for those in foster care in general.

"Perseverance and patience," he said. "Understand that this is not the end."

As both someone who went through the system and as someone advocating for reform, Hayward said he's glad to see that the foster care crisis is on the call for the special session.

"It's about time," he said. "I would actually like to see more funds allocated to foster care [in a typical cycle], not just when it's a crisis."
Disclosure: TexProtects has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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Texas foster care crisis worsens, with fast-growing numbers of children sleeping in offices, hotels, churches

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Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news. Prince Hayward was 6 or 7 years old the first time he spent the night on an office floor. Hayward was ushered into a common area, and a caseworker fished out a mat for him to sleep on.

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Despite the failing of our Texas Foster Care System, some students are showing remarkable resiliency.  Judge Sakai went straight to the children to ask how the system had failed them and what could be done to fix it.  These children did not have a say as to where they were born, their parents circumstances, or the challenges they would face, but maybe now their voices are about to be heard (Fletcher, 2021). As a school counselor, we are their advocates. We have to advocate for their educational needs. It is crucial that their needs are met, so that they can be successful socially, emotionally, and academically. Working with theses students will present our own challenges, but with the right resources and tools they can be successful.

Reference:
Fletcher, K. (2021, October 5). Texas foster care system is failing our children. San Antonio Report. https://sanantonioreport.org/texas-foster-care-system-kathleen-fletcher/

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Last month, I was an observer during two days of emergency hearings called by Judge Peter Sakai to address the appalling situation of "children without placement." These are children in the foster care system who the state agency and the courts have decreed cannot live at home and are currently sleeping in the offices of the Texas Department of Family and Protective Services Region 8. I learned some of these children have been in the system for many years, through multiple placements in foster homes, group residential placements, and sometimes treatment facilities. And I learned that the child welfare system in this state, specifically the foster care system, has failed them.

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Though there were clearly some very hard-working and dedicated caseworkers and administrators, there were also some missing, some calling in from inappropriate settings, and too many delays and excuses. When pushed by Judge Sakai, in some cases it was clear that there was no good reason for the delays in finding "safe accommodations" as required by court order.

The children, ages 12 to 17, attended the hearings by Zoom because Judge Sakai wanted their input and opinions regarding their own situations and lives. As we listened to the stories and circumstances of these young people, we heard their hopes and dreams - and their frustration and anger as they try to navigate and cope with situations that no child deserves.

These children did not have a voice in deciding where they were born, the circumstances and behavior of their parents, or the challenges of an overwhelmed and underfunded system. Despite their circumstances, they showed remarkable resiliency. They had ideas of where they want to be now, ideas that Judge Sakai agreed with and that he instructed caseworkers and administrators to act on.

A few of the children had major medical or developmental issues which were not being adequately addressed in the foster care system. In some cases, their parents could not manage their special needs and the resources available were not sufficient to allow the child to remain at home. There were three parents that attended the hearings, clearly concerned for the welfare of their children, that they could not manage on their own. Wouldn't it make more sense to provide parents with what they need to support them in parenting their children, at least until appropriate placement can be found?

The success of the two innovative courts within the Bexar County Children's Court -Family Drug Court and Early Childhood Court - have shown that parents whose children have been removed, but who are given the treatment, education, support, and opportunities to change their lives can indeed go on to provide loving care for their children. Over the past decade, the overwhelming majority of families restored through this process have been successful and have had no further contact with the legal or child welfare system.

When local placements cannot be found, our children are being shipped out of state, away from family, friends, and their schools. These children are most often going, according to the Commissioner of the Department of Family and Protective Services, to states that have expanded Medicaid and have used those federal dollars to improve their foster care programs.

Our legislators continue to be concerned about some possible future expense, a concern that, in the 10 years since the initiation of the Affordable Care Act, has not been seen by the other 38 states that chose to accept federal Medicaid funding. Should a young child with a serious chronic disease live in an office and risk being sent to another state because this state does not have the Medicaid resources to provide the medical and nursing care he needs to manage his condition?

Six years ago, U.S. District Judge Janis Jack ruled that the Texas foster care system, in its appalling treatment and lack of protection of children entrusted to its care, violates the constitutional rights of children. She stated in a recent hearing that the days of looking the other way are gone. She was speaking both to the child protective system and to our state.

We, as a community, can help by mentoring a teen aging out of foster care or in the college-bound court docket as they go after their dreams, volunteering and training as a Court Appointed Special Advocate, and supporting policies and programs that help families survive and stay together. But, ultimately, it's up to our state leaders to take action that will effect lasting change. They can do this by:

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Ensuring parents have what they need to parent - food, housing, childcare that enables them to work while providing safety and respite, access to mental health and substance abuse treatment - and keep children out of the foster care stystem.

Starting early in a family's involvement with Child Protective Services and foster care to identify and provide the treatment and other resources that can result in rapid family restoration. Alternativaly, identify and vet family members and fictive kin able to parent the child and support them in their efforts. Put intensive efforts at the front end, before young children experience additional trauma and resulting emotional and behavioral problems.

Prioritizing funding from the Family First Prevention and Treatment Act, American Recovery Act, and any other sources for preventive and upstream resources, lessening the need to continuously attempt to shore up an overburdened system that often fails children.

Continuing to expand specialized, trauma-informed courts such as early childhood courts and drug courts that are proven locally and through national studies to be effective in reuniting families able to care for their children, sparing children additional trauma, and producing a high return on investment.

Working to develop family resource centers, crisis nurseries, or other proven models to support any family, of any income level, with the information, education, and other resources to successfully raise their children.

Consider, again, expanding Medicaid, that in 10 years and 38 states, has produced cost savings while providing resources including health and mental health treatment that allow children to grow up safely and families to thrive.

Keeping children out of the foster care system or returning them to family as quickly as possible helps the children and also eases the burden on the system so, when absolutely necessary, it can operate in place of parents, providing the safe, sensitive, appropriate, and nurturing care that they and all children deserve. In order for the foster care system to operate as it should, we must look upstream to help families and keep as many children out of the system as we can. To echo Judge Jack, the days of looking the other way are gone.

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Texas foster care system is failing our children

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Last month, I was an observer during two days of emergency hearings called by Judge Peter Sakai to address the appalling situation of "children without placement." These are children in the foster care system who the state agency and the courts have decreed cannot live at home and are currently sleeping in the offices of the Texas Department of Family and Protective Services Region 8.

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The Texas Education Code, TEC § 25.007provides numerous components when making school transitions successful for students placed in foster care.  Section 25.007.  A lot of these responsibilities may fall on the school counselor.
-Transfer records within 10 working days
-develop practices to was transition for the first two weeks
-give credit or partial credit, if appropriate, for coursework, including electives, while enrolled in another school
-allow access to extracurricular programs, summer programs, transfer credits, electronic courses at nominal or no cost.

-establish procedures to lessen the negative impact of moving
-establish a relationship and understanding with DFPS regarding information exchanging from one school to another.
-admission services when applying for post-secondary studies

-accept special education referrals from previous schools
-provide notice to child's educational decision maker and caseworker regarding events that may significantly impact the education of a child.

TEC § 25.007

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE E. STUDENTS AND PARENTS



CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE



SUBCHAPTER A. ADMISSION AND ENROLLMENT



Sec. 25.001. ADMISSION. (a) A person who, on the first day of September of any school year, is at least five years of age and under 21 years of age, or is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma is entitled to the benefits of the available school fund for that year. Any other person enrolled in a prekindergarten class under Section 29.153 is entitled to the benefits of the available school fund.


(b) The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma, if:


(1) the person and either parent of the person reside in the school district;


(2) the person does not reside in the school district but a parent of the person resides in the school district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the person;


(3) the person and the person's guardian or other person having lawful control of the person under a court order reside within the school district;


(4) the person has established a separate residence under Subsection (d);


(5) the person is homeless, regardless of the residence of the person, of either parent of the person, or of the person's guardian or other person having lawful control of the person;


(6) the person is a foreign exchange student placed with a host family that resides in the school district by a nationally recognized foreign exchange program, unless the school district has applied for and been granted a waiver by the commissioner under Subsection (e);


(7) the person resides at a residential facility located in the district;


(8) the person resides in the school district and is 18 years of age or older or the person's disabilities of minority have been removed;


(9) the person does not reside in the school district but the grandparent of the person:


(A) resides in the school district; and


(B) provides a substantial amount of after-school care for the person as determined by the board; or


(10) the person and either parent of the person reside in a residence homestead, as defined by Section 11.13(j), Tax Code, that is located on a parcel of property any part of which is located in the school district.


(b-1) A person who is 21 years of age or older and is admitted by a school district for the purpose stated in Subsection (b) is not eligible for placement in a disciplinary alternative education program or a juvenile justice alternative education program if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in conduct that would otherwise require such placement, the district shall revoke admission of the student into the public schools of the district.


(b-2) A person who is 21 years of age or older who is admitted by a school district to complete the requirements for a high school diploma and who has not attended school in the three preceding school years may not be placed with a student who is 18 years of age or younger in a classroom setting, a cafeteria, or another district-sanctioned school activity. Nothing in this subsection prevents a student described by this subsection from attending a school-sponsored event that is open to the public as a member of the public.


(c) The board of trustees of a school district or the board's designee may require evidence that a person is eligible to attend the public schools of the district at the time the board or its designee considers an application for admission of the person. The board of trustees or its designee shall establish minimum proof of residency acceptable to the district. The board of trustees or its designee may make reasonable inquiries to verify a person's eligibility for admission.


(c-1) A person whose parent or guardian is an active-duty member of the armed forces of the United States, including the state military forces or a reserve component of the armed forces, may establish residency for purposes of Subsection (b) by providing to the school district a copy of a military order requiring the parent's or guardian's transfer to a military installation in or adjacent to the district's attendance zone.


(c-2) A person who establishes residency as provided by Subsection (c-1) shall provide to the school district proof of residence in the district's attendance zone not later than the 10th day after the arrival date specified in the order described by that subsection. For purposes of this subsection, "residence" includes residence in a military temporary lodging facility.


(d) For a person under the age of 18 years to establish a residence for the purpose of attending the public schools separate and apart from the person's parent, guardian, or other person having lawful control of the person under a court order, it must be established that the person's presence in the school district is not for the primary purpose of participation in extracurricular activities. The board of trustees shall determine whether an applicant for admission is a resident of the school district for purposes of attending the public schools and may adopt reasonable guidelines for making a determination as necessary to protect the best interests of students. The board of trustees is not required to admit a person under this subsection if the person:


(1) has engaged in conduct or misbehavior within the preceding year that has resulted in:


(A) removal to a disciplinary alternative education program; or


(B) expulsion;


(2) has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or


(3) has been convicted of a criminal offense and is on probation or other conditional release.


(e) A school district may request that the commissioner waive the requirement that the district admit a foreign exchange student who meets the conditions of Subsection (b)(6). The commissioner shall respond to a district's request not later than the 60th day after the date of receipt of the request. The commissioner shall grant the request and issue a waiver effective for a period not to exceed three years if the commissioner determines that admission of a foreign exchange student would:


(1) create a financial or staffing hardship for the district;


(2) diminish the district's ability to provide high quality educational services for the district's domestic students; or


(3) require domestic students to compete with foreign exchange students for educational resources.


(f) A child placed in foster care by an agency of the state or by a political subdivision shall be permitted to attend the public schools in the district in which the foster parents reside free of any charge to the foster parents or the agency. A durational residence requirement may not be used to prohibit that child from fully participating in any activity sponsored by the school district.


(g) A student who was enrolled in a primary or secondary public school before the student entered the conservatorship of the Department of Family and Protective Services and who is placed at a residence outside the attendance area for the school or outside the school district is entitled to continue to attend the school in which the student was enrolled immediately before entering conservatorship until the student successfully completes the highest grade level offered by the school at the time of placement without payment of tuition. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(g-1) If a student who is in the conservatorship of the department is enrolled in a primary or secondary public school, other than the school in which the student was enrolled at the time the student was placed in the conservatorship of the department, the student is entitled to continue to attend that school without payment of tuition until the student successfully completes the highest grade level offered by the school at the time of enrollment in the school, even if the child's placement is changed to a residence outside the attendance area for that school or outside the school district. The student is entitled to continue to attend the school regardless of whether the student remains in the conservatorship of the department for the duration of the student's enrollment in the school.


(h) In addition to the penalty provided by Section 37.10, Penal Code, a person who knowingly falsifies information on a form required for enrollment of a student in a school district is liable to the district if the student is not eligible for enrollment in the district but is enrolled on the basis of the false information. The person is liable, for the period during which the ineligible student is enrolled, for the greater of:


(1) the maximum tuition fee the district may charge under Section 25.038; or


(2) the amount the district has budgeted for each student as maintenance and operating expenses.


(i) A school district may include on an enrollment form notice of the penalties provided by Section 37.10, Penal Code, and of the liability provided by Subsection (h) for falsifying information on the form.


(j) For the purposes of this subchapter, the board of trustees of a school district by policy may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under an order of a court.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.08, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 2, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 1, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 1, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.002, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 9, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 3, eff. May 28, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 1, eff. May 28, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.03, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 823 (H.B. 2526), Sec. 1, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.016, eff. September 1, 2019.


Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For purposes of Section 25.001, a person is not considered to reside in a school district if:


(1) the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state; and


(2) the person resided in another state or country immediately before incarceration in the facility.


(b) A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.


(c) For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.


Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.


Sec. 25.002. REQUIREMENTS FOR ENROLLMENT. (a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:


(1) the child's birth certificate or another document suitable as proof of the child's identity;


(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and


(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.


(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.


(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.


(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.


(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).


(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.


(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.


(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 234, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 3, eff. May 27, 2005.


Sec. 25.0021. USE OF LEGAL SURNAME. In each public school a student must be identified by the student's legal surname as that name appears:


(1) on the student's birth certificate or other document suitable as proof of the student's identity; or


(2) in a court order changing the student's name.


Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.


Sec. 25.0022. FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT. (a) In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.


(b) On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:


(1) disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and


(2) specify the food to which the child is allergic and the nature of the allergic reaction.


(c) A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(d) Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.


(e) If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.


(f) A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.


Sec. 25.003. TUITION FOR CERTAIN CHILDREN FROM OTHER STATES. (a) Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.


(b) A tuition charge under this section must be submitted to the commissioner for approval.


(c) The attendance of the child is not counted for purposes of allocating state funds to the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.


Sec. 25.0031. TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS. (a) Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.


(b) The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.


(c) Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.


Sec. 25.004. TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED. A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.


Sec. 25.005. RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS. (a) To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.


(b) A reciprocity agreement must:


(1) address procedures for:


(A) transferring student records;


(B) awarding credit for completed course work; and


(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and


(2) include appropriate criteria developed by the agency.


Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003; Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.


Sec. 25.006. TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS. (a) The legislature finds that:


(1) school-age dependents of military personnel are faced with numerous transitions during their formative years; and


(2) military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.


(b) In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:


(1) improving the timely transfer of student records;


(2) developing systems to ease student transition during the first two weeks of enrollment at a new school;


(3) promoting practices that foster student access to extracurricular programs;


(4) establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;


(5) encouraging or maintaining partnerships between military bases and affected school districts;


(6) encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and


(7) providing other assistance as identified by the agency.


(c) The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:


(1) must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and


(2) may not be used for purposes of determining a campus or district performance rating under Section 39.054.


(d) In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:


(1) is a dependent of a current or former member of:


(A) the United States military;


(B) the Texas National Guard; or


(C) a reserve force of the United States military; or


(2) was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.


Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.


Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.


Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE. (a) The legislature finds that:


(1) students who are homeless or in substitute care are faced with numerous transitions during their formative years; and


(2) students who are homeless or in substitute care who move from one school to another are faced with special challenges to learning and future achievement.


(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:


(1) ensuring that school records for a student who is homeless or in substitute care are transferred to the student's new school not later than the 10th working day after the date the student begins enrollment at the school;


(2) developing systems to ease transition of a student who is homeless or in substitute care during the first two weeks of enrollment at a new school;


(3) developing procedures for awarding credit, including partial credit if appropriate, for course work, including electives, completed by a student who is homeless or in substitute care while enrolled at another school;


(4) developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs of a student who is homeless or in substitute care and places the student in comparable courses or educational programs at the new school, if those courses or programs are available;


(5) promoting practices that facilitate access by a student who is homeless or in substitute care to extracurricular programs, summer programs, credit transfer services, electronic courses provided under Chapter 30A, and after-school tutoring programs at nominal or no cost;


(6) establishing procedures to lessen the adverse impact of the movement of a student who is homeless or in substitute care to a new school;


(7) entering into a memorandum of understanding with the Department of Family and Protective Services regarding the exchange of information as appropriate to facilitate the transition of students in substitute care from one school to another;


(8) encouraging school districts and open-enrollment charter schools to provide services for a student who is homeless or in substitute care in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study;


(9) requiring school districts, campuses, and open-enrollment charter schools to accept a referral for special education services made for a student who is homeless or in substitute care by a school previously attended by the student, and to provide comparable services to the student during the referral process or until the new school develops an individualized education program for the student;


(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:


(A) requests or referrals for an evaluation under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or special education under Section 29.003;


(B) admission, review, and dismissal committee meetings;


(C) manifestation determination reviews required by Section 37.004(b);


(D) any disciplinary actions under Chapter 37 for which parental notice is required;


(E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities;


(F) reports of restraint and seclusion required by Section 37.0021;


(G) use of corporal punishment as provided by Section 37.0011; and


(H) appointment of a surrogate parent for the child under Section 29.0151;


(11) developing procedures for allowing a student who is homeless or in substitute care who was previously enrolled in a course required for graduation the opportunity, to the extent practicable, to complete the course, at no cost to the student, before the beginning of the next school year;


(12) ensuring that a student who is homeless or in substitute care who is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district, has the student's course credit accrual and personal graduation plan reviewed;


(13) ensuring that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Section 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit;


(14) designating at least one agency employee to act as a liaison officer regarding educational issues related to students in the conservatorship of the Department of Family and Protective Services; and


(15) providing other assistance as identified by the agency.


(c) The commissioner may establish rules to implement this section and to facilitate the transition between schools of children who are homeless or in substitute care.


Added by Acts 2009, 81st Leg., R.S., Ch. 850 (S.B. 2248), Sec. 1, eff. June 19, 2009.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 746 (H.B. 1804), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 822 (H.B. 3748), Sec. 1, eff. June 17, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 1, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 2, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1206 (S.B. 1494), Sec. 3, eff. June 19, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.002, eff. September 1, 2015.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 1, eff. June 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 2, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019.


Sec. 25.008. ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT. (a) Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:


(1) satisfaction of any course eligibility requirement; and


(2) payment of any fee authorized under Section 11.158 that is charged in connection with the course.


(b) Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.


Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.


SUBCHAPTER B. ASSIGNMENTS AND TRANSFERS



Sec. 25.031. ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD. In conformity with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board may assign and transfer any student from one school facility or classroom to another within its jurisdiction.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.032. BASIS FOR ASSIGNMENT OR TRANSFER. The board of trustees of a school district, the board of county school trustees, or the person acting for the board must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student's ancestral language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. The parent or person standing in parental relation to any student may by petition in writing either:


(1) request the assignment or transfer of the student to a designated school or to a school to be designated by the board; or


(2) file objections to the assignment of the student to the school to which the student has been assigned.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.034. HEARING; ACTION ON PETITION; APPEAL. (a) On receiving a petition under Section 25.033, the board of trustees of the school district or the board of county school trustees shall:


(1) if a hearing is not requested, act on the petition not later than the 30th day after the date the petition is submitted and notify the petitioner of the board's conclusion; or


(2) if a hearing is requested, designate a time and place for holding a hearing not later than the 30th day after the date the petition is submitted.


(b) If a hearing is requested, it shall be conducted by the board in compliance with this section.


(c) The petitioner may present evidence relevant to the individual student.


(d) The board may conduct investigations as to the objection or request, examine any student involved, and employ agents, professional or otherwise, for the purpose of examinations and investigations.


(e) The board must grant the request made in the petition unless the board determines that there is a reasonable basis for denying the request. The decision of the board, either with or without hearing, is final unless the student, or the parent, guardian, or custodian of the student as next friend, files exception to the decision of the board as constituting a denial of any right of the student guaranteed under the United States Constitution.


(f) If an exception is filed under Subsection (e), the board may reconsider its decision. If the board has not ruled on the exception before the 16th day after the date of the filing, the exception is considered overruled. If the exception is overruled, an appeal of the board's decision may be filed in the district court of the county in which the board is located. The petition must:


(1) be filed not later than the 30th day after the date of the board's final decision; and


(2) state the facts relevant to the student that relate to the alleged denial of the student's rights under the United States Constitution.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL ASSAULT. (a) This section applies only to:


(1) a student:


(A) who has been convicted of continuous sexual abuse of young child or children under Section 21.02, Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code, committed against another student who, at the time the offense occurred, was assigned to the same campus as the student convicted or placed on deferred adjudication;


(B) who has been adjudicated under Section 54.03, Family Code, as having engaged in conduct described by Paragraph (A);


(C) whose prosecution under Section 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or


(D) who has been placed on probation under Section 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and


(2) a student who is the victim of conduct described by Subdivision (1)(A).


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:


(1) the board of trustees of the school district shall transfer the student to:


(A) a district campus other than:


(i) the campus to which the student was assigned at the time the conduct occurred; or


(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or


(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or


(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:


(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or


(B) the district's disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.


(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student's behalf.


(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.


(e) This section applies regardless of whether the conduct occurred on or off of school property.


(f) Section 25.034 does not apply to a transfer under this section.


(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.


Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.


(a) In this section, "bullying" has the meaning assigned by Section 37.0832.


(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.


(b-1) The board of trustees of a school district may transfer the student who engaged in bullying to:


(1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or


(2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.


(b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.


(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.


(d) The board of trustees or the board's designee may consider past student behavior when identifying a bully.


(e) The determination by the board of trustees or the board's designee is final and may not be appealed.


(f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).


(g) Section 25.034 does not apply to a transfer under this section.


Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.


Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.


Sec. 25.0343. TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES. (a) If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:


(1) the other student is entitled under Section 25.001 to attend school in the district; and


(2) the appropriate grade level for the other student is offered at the campus.


(b) A school district is not required to provide transportation to a student who transfers to another campus under this section. This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.


(c) Section 25.034 does not apply to a transfer under this section.


(d) This section does not apply if the student receiving special education services resides in a residential facility.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.


Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other than a high school graduate, who is younger than 21 years of age and eligible for enrollment on September 1 of any school year may transfer annually from the child's school district of residence to another district in this state if both the receiving district and the applicant parent or guardian or person having lawful control of the child jointly approve and timely agree in writing to the transfer.


(b) A transfer agreement under this section shall be filed and preserved as a receiving district record for audit purposes of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.037. TRANSFER OF STATE FUNDS. On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child. For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.039. CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT. (a) A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts. In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.


(b) The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted. The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.


(c) A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.


(d) A contract under this section may not be for a period exceeding five years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.


Sec. 25.040. TRANSFER TO DISTRICT OF BORDERING STATE. Any child entitled to attend the public school of any school district situated on the border of Louisiana, Arkansas, Oklahoma, or New Mexico who finds it more convenient to attend the public school in a district in the contiguous state may have the apportionment of the state and county available school funds paid to the school district of the contiguous state and may have additional tuition, if necessary, paid by the district of the child's residence on terms agreed on by the trustees of the receiving district and the trustees of the residence district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.041. TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS. A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state. A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.


Sec. 25.042. TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES. A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian. Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.


Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS. (a) In this section:


(1) "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.


(2) "Parent" includes a person standing in parental relation.


(b) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.


(c) Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.


(d) At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.


(e) A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.


(f) The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.


(g) A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.


(h) This section does not affect:


(1) a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or


(2) the right of a school district or teacher to remove a student from a classroom under Chapter 37.


Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.


SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE



Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as authorized under Subsection (b) of this section, Section 25.0815, Section 25.084, or Section 29.0821, for each school year each school district must operate for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.


(b) The commissioner may approve the operation of schools for fewer than the number of minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.


(c) If the commissioner does not approve reduced operation time under Subsection (b), a school district may add additional minutes to the end of the district's normal school hours as necessary to compensate for minutes lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.


(d) The commissioner may adopt rules to implement this section, including rules:


(1) for the application, on the basis of the minimum minutes of operation required by Subsection (a), of any provision of this title that refers to a minimum number of days of instruction under this section;


(2) to determine the minutes of operation that are equivalent to a day;


(3) defining minutes of operation and instructional time; and


(4) establishing the minimum number of minutes of instructional time required for a full-day and a half-day program to meet the time requirements under Subsection (a).


(e) A school district or education program is exempt from the minimum minutes of operation requirement if the district's or program's average daily attendance is calculated under Section 48.005(j).


(f) The commissioner may proportionally reduce the amount of funding a district receives under Chapter 46, 48, or 49 and the average daily attendance calculation for the district if the district operates on a calendar that provides fewer minutes of operation than required under Subsection (a).


(g) A school district may not provide student instruction on Memorial Day. If a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 824, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 1, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1144 (H.B. 441), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 5, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(5), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.018, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.019, eff. September 1, 2019.


Sec. 25.0811. FIRST DAY OF INSTRUCTION. (a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August. A school district may:


(1) begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or


(2) begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:


(A) the district has a student enrollment of 190,000 or more;


(B) the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;


(C) the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and


(D) a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.


(c) Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.


Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.


Sec. 25.0812. LAST DAY OF SCHOOL. (a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.


(b) Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.


Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.


Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.


(b) A waiver under this section:


(1) must allow sufficient time for the school district's educators to attend the school safety training course; and


(2) may not:


(A) result in an inadequate number of minutes of instructional time for students; or


(B) reduce the number of minutes of operation and instructional time by more than 420 minutes.


(c) To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.


(d) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.


Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:


(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and


(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.


(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.


(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).


(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.


Sec. 25.0821. MINUTE OF SILENCE TO COMMEMORATE SEPTEMBER 11, 2001. (a) To commemorate the events of September 11, 2001, in each year that date falls on a regular school day, each public elementary or secondary school shall provide for the observance of one minute of silence at the beginning of the first class period of that day.


(b) Immediately before the period of observance required by this section, the class instructor shall make a statement of reference to the memory of individuals who died on September 11, 2001.


(c) The period of observance required by this section may be held in conjunction with the minute of silence required by Section 25.082.


Added by Acts 2013, 83rd Leg., R.S., Ch. 925 (H.B. 1501), Sec. 1, eff. June 14, 2013.


Sec. 25.0822. PATRIOTIC SOCIETY ACCESS TO STUDENTS. (a) In this section, "patriotic society" means a youth membership organization listed in Title 36 of the United States Code with an educational purpose that promotes patriotism and civic involvement.


(b) At the beginning of each school year, the board of trustees of an independent school district shall adopt a policy to allow the principal of a public school campus to provide representatives of a patriotic society with the opportunity to speak to students during regular school hours about membership in the society and the ways in which membership may promote a student's educational interest and level of civic involvement, leading to the student's increased potential for self-improvement and ability to contribute to improving the student's school and community.


(c) The board policy shall give a principal complete discretion over the specific date and time of the opportunity required to be provided under this section, except that the policy shall allow the principal to limit:


(1) the opportunity provided to a patriotic society to a single school day; and


(2) any presentation made to students as a result of the opportunity to 10 minutes in length.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 8, eff. September 1, 2017.


Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of trustees of each school district shall adopt and strictly enforce a policy limiting interruptions of classes during the school day for nonacademic activities such as announcements and sales promotions. At a minimum, the policy must limit announcements other than emergency announcements to once during the school day.


(b) The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student's parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 5(a), eff. June 10, 2013.


Sec. 25.084. YEAR-ROUND SYSTEM. (a) A school district may operate its schools year-round on either a single-track or a multitrack calendar. If a school district adopts a year-round system, the district may modify:


(1) the number of contract days of employees and the number of days of operation, including any time required for staff development, planning and preparation, and continuing education, otherwise required by law;


(2) testing dates, data reporting, and related matters;


(3) the date of the first day of instruction of the school year under Section 25.0811 for a school that was operating year-round for the 2000-2001 school year; and


(4) a student's eligibility to participate in extracurricular activities when the student's calendar track is not in session.



Text of subsection effective until September 01, 2020



(b) The operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(b) Except as provided by Subsection (c), the operation of schools year-round by a district does not affect the amount of state funds to which the district is entitled under Chapter 48.



Text of subsection effective on September 01, 2020



(c) A district that adopts a year-round system under this section may receive the incentive aid under Section 48.0051 if the district meets the criteria for receiving the incentive under that section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 909, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(a), eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.004(b), eff. September 1, 2020.


Sec. 25.085. COMPULSORY SCHOOL ATTENDANCE. (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.


(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.


(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.


(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:


(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;


(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);


(3) an accelerated instruction program to which the student is assigned under Section 28.0211;


(4) a basic skills program to which the student is assigned under Section 29.086; or


(5) a summer program provided under Section 37.008(l) or Section 37.021.


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.


(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.


(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.


(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).



Text of subsection effective on September 01, 2020



(i) Notwithstanding any other provision of this section, a student enrolled in a school district is not required to attend school for any additional instructional days described by Section 48.0051.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1019, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.10, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1055, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 50 (H.B. 566), Sec. 1, eff. May 10, 2007.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 2, eff. June 15, 2007.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 7, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.011, eff. September 1, 2020.


Sec. 25.086. EXEMPTIONS.


(a) A child is exempt from the requirements of compulsory school attendance if the child:


(1) attends a private or parochial school that includes in its course a study of good citizenship;


(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;


(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;


(5) is at least 17 years of age and:


(A) is attending a course of instruction to prepare for the high school equivalency examination, and:


(i) has the permission of the child's parent or guardian to attend the course;


(ii) is required by court order to attend the course;


(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or


(iv) is homeless; or


(B) has received a high school diploma or high school equivalency certificate;


(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:


(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or


(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);


(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;


(8) is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;


(9) is enrolled in the Texas Academy of Leadership in the Humanities;


(10) is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;


(11) is enrolled in the Texas Academy of International Studies; or


(12) is specifically exempted under another law.


(b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 1, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1282, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 887 (S.B. 1452), Sec. 2, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 6, eff. June 18, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.003, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.04, eff. June 10, 2019.


Sec. 25.087. EXCUSED ABSENCES. (a) A person required to attend school, including a person required to attend school under Section 25.085(e), may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the person is enrolled.


(b) A school district shall excuse a student from attending school for:


(1) the following purposes, including travel for those purposes:


(A) observing religious holy days;


(B) attending a required court appearance;


(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;


(D) taking part in a United States naturalization oath ceremony;


(E) serving as an election clerk; or


(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:


(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or


(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; or


(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment.


(b-1) A school district may adopt a policy excusing a student from attending school for service as a student early voting clerk in an election.


(b-2) A school district may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student's junior and senior years of high school for the purpose of determining the student's interest in attending the institution of higher education, provided that:


(1) the district may not excuse for this purpose more than two days during the student's junior year and two days during the student's senior year; and


(2) the district adopts:


(A) a policy to determine when an absence will be excused for this purpose; and


(B) a procedure to verify the student's visit at the institution of higher education.


(b-3) A temporary absence for purposes of Subsection (b)(2) includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health care practitioner, as described by Section 1355.015(b), Insurance Code, to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.


(b-4) A school district shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services as defined by Section 162.002 and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, to visit with the student's parent, stepparent, or guardian. A school district may not excuse a student under this subsection more than five days in a school year. An excused absence under this subsection must be taken:


(1) not earlier than the 60th day before the date of deployment; or


(2) not later than the 30th day after the date of return from deployment.


(b-5) A school district shall excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that:


(1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and


(2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.


(b-6) Each school district shall adopt procedures to verify a student's activities as described by Subsection (b-5).


(c) A school district may excuse a student in grades 6 through 12 for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran.


(d) A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), or (c) shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.


(e) A school district may excuse a student for the purposes provided by Subsections (b)(1)(E) and (b-1) for a maximum of two days in a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 651, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 711, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 479 (H.B. 2455), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 660 (H.B. 1187), Sec. 2, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(a), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.002(b), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 455 (H.B. 2542), Sec. 2, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 517 (S.B. 1134), Sec. 3, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 595 (H.B. 192), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.005, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 249 (H.B. 455), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 404 (S.B. 260), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 542 (S.B. 553), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 213 (S.B. 1152), Sec. 1, eff. May 28, 2017.


Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school attendance officer may be selected by:


(1) the county school trustees of any county;


(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or


(3) the governing body of an open-enrollment charter school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 21, eff. Sept. 1, 2001.


Sec. 25.089. COMPENSATION OF ATTENDANCE OFFICER; DUAL SERVICE. (a) An attendance officer may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.


(b) An attendance officer may be the probation officer or an officer of the juvenile court of the county.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 22, eff. Sept. 1, 2001.


Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those counties and independent school districts where an attendance officer has not been selected, the duties of attendance officer shall be performed by the school superintendents and peace officers of the counties and districts.


(b) If the governing body of an open-enrollment charter school has not selected an attendance officer, the duties of attendance officer shall be performed by the peace officers of the county in which the school is located.


(c) Additional compensation may not be paid for services performed under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 23, eff. Sept. 1, 2001.


Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS.


(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; or


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to serve court-ordered legal process;


(4) to review school attendance records for compliance by each student investigated by the officer;


(5) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and


(6) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent.


(b) An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:


(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;


(2) to enforce compulsory school attendance requirements by:


(A) applying truancy prevention measures adopted under Section 25.0915 to the student; and


(B) if the truancy prevention measures fail to meaningfully address the student's conduct:


(i) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code; and


(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;


(3) to monitor school attendance compliance by each student investigated by the officer;


(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;


(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and


(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements.


(b-1) A peace officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085 may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child's compliance with compulsory school attendance requirements.


(c) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 9, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 8, eff. September 1, 2015.


Sec. 25.0915. TRUANCY PREVENTION MEASURES. (a) A school district shall adopt truancy prevention measures designed to:


(1) address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a), Family Code; and


(2) minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.


(a-1) As a truancy prevention measure under Subsection (a), a school district shall take one or more of the following actions:


(1) impose:


(A) a behavior improvement plan on the student that must be signed by an employee of the school, that the school district has made a good faith effort to have signed by the student and the student's parent or guardian, and that includes:


(i) a specific description of the behavior that is required or prohibited for the student;


(ii) the period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or


(iii) the penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or


(B) school-based community service; or


(2) refer the student to counseling, mediation, mentoring, a teen court program, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.


(a-2) A referral made under Subsection (a-1)(2) may include participation by the child's parent or guardian if necessary.


(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student's truancy is the result of:


(1) pregnancy;


(2) being in the state foster program;


(3) homelessness; or


(4) being the principal income earner for the student's family.


(a-4) If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a), the school district shall initiate truancy prevention measures under this section on the student.


(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must:


(1) be accompanied by a statement from the student's school certifying that:


(A) the school applied the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and


(B) the truancy prevention measures failed to meaningfully address the student's school attendance; and


(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.


(c) A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:


(1) does not comply with Subsection (b);


(2) does not satisfy the elements required for truant conduct;


(3) is not timely filed, unless the school district delayed the referral under Section 25.0951(d); or


(4) is otherwise substantively defective.


(d) Except as provided by Subsection (e), a school district shall employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus. At least annually, the truancy prevention facilitator shall meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases.


(e) Instead of employing a truancy prevention facilitator, a school district may designate an existing district employee or juvenile case manager to implement the truancy prevention measures required by this section and any other effective truancy prevention measures as determined by the school district or campus.


(f) The agency shall adopt rules:


(1) creating minimum standards for truancy prevention measures adopted by a school district under this section; and


(2) establishing a set of best practices for truancy prevention measures.


(g) The agency shall adopt rules to provide for sanctions for a school district found to be not in compliance with this section.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 10, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 8, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 9, eff. September 1, 2015.


Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL GRADE. (a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.


(a-1) A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade for the class if the student completes a plan approved by the school's principal that provides for the student to meet the instructional requirements of the class. A student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade under this subsection without the consent of the judge presiding over the student's case.


(a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023.


(b) The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit or a final grade by students who are in attendance fewer than the number of days required under Subsection (a) and have not earned class credit or a final grade under Subsection (a-1). Classroom teachers shall comprise a majority of the membership of the committee. A committee may give class credit or a final grade to a student because of extenuating circumstances. Each board of trustees shall establish guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences. The alternative ways must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a)(15). A certified public school employee may not be assigned additional instructional duties as a result of this section outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.


(c) A member of an attendance committee is not personally liable for any act or omission arising out of duties as a member of an attendance committee.


(d) If a student is denied credit or a final grade for a class by an attendance committee, the student may appeal the decision to the board of trustees. The decision of the board may be appealed by trial de novo to the district court of the county in which the school district's central administrative office is located.


(e) This section does not affect the provision of Section 25.087(b) regarding a student's excused absence from school to observe religious holy days.


(f) The availability of the option developed under Subsection (b) must be substantially the same as the availability of the educational program developed under Section 11.158(a)(15).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 698, Sec. 2, eff. June 18, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 3, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 6(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 7(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1029 (H.B. 2694), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1203 (S.B. 1365), Sec. 1, eff. June 14, 2013.


Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.


(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:


(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;


(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or


(3) a municipal court of the municipality in which the parent resides or in which the school is located.


(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:


(1) $100 for a first offense;


(2) $200 for a second offense;


(3) $300 for a third offense;


(4) $400 for a fourth offense; or


(5) $500 for a fifth or subsequent offense.


(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.


(d) A fine collected under this section shall be deposited as follows:


(1) one-half shall be deposited to the credit of the operating fund of, as applicable:


(A) the school district in which the child attends school;


(B) the open-enrollment charter school the child attends; or


(C) the juvenile justice alternative education program that the child has been ordered to attend; and


(2) one-half shall be deposited to the credit of:


(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or


(B) the general fund of the municipality, if the complaint is filed in municipal court.


(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available.


(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.


(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.


(i) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 865, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 4, 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 38, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.001, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 148 (H.B. 734), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 11, eff. September 1, 2015.


Sec. 25.095. WARNING NOTICES. (a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year:


(1) the student's parent is subject to prosecution under Section 25.093; and


(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:


(1) inform the parent that:


(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and


(B) the student is subject to truancy prevention measures under Section 25.0915; and


(2) request a conference between school officials and the parent to discuss the absences.


(c) The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense under Section 25.093 or under Section 65.003(a), Family Code.


(d) In this section, "parent" includes a person standing in parental relation.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 25, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.002, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 12, eff. September 1, 2015.


Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.


(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.


(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:


(1) does not comply with this section;


(2) does not allege the elements required for the offense;


(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or


(4) is otherwise substantively defective.


(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:


(1) is applying truancy prevention measures to the student under Section 25.0915; and


(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 37, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 31, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 984 (S.B. 1161), Sec. 1, eff. June 15, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.003, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 13, eff. September 1, 2015.


Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint under Section 25.093, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 137, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 283, Sec. 40, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 14, eff. September 1, 2015.


SUBCHAPTER D. STUDENT/TEACHER RATIOS; CLASS SIZE



Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by Section 25.112, each school district must employ a sufficient number of teachers certified under Subchapter B, Chapter 21, to maintain an average ratio of not less than one teacher for each 20 students in average daily attendance.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.112. CLASS SIZE. (a) Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during:


(1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 48.005(c); or


(2) the last 12 weeks of any school year in the case of any other district.


(b) Not later than the 30th day after the first day of the 12-week period for which a district whose average daily attendance is adjusted under Section 48.005(c) is claiming an exemption under Subsection (a), the district shall notify the commissioner in writing that the district is claiming an exemption for the period stated in the notice.


(c) In determining the number of students to enroll in any class, a school district shall consider the subject to be taught, the teaching methodology to be used, and any need for individual instruction.


(d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner finds the limit works an undue hardship on the district. An exception expires at the end of the school year for which it is granted.


(e) A school district seeking an exception under Subsection (d) shall notify the commissioner and apply for the exception not later than the later of:


(1) October 1; or


(2) the 30th day after the first school day the district exceeds the limit in Subsection (a).


(f) If a school district repeatedly fails to comply with this section, the commissioner may take any appropriate action authorized to be taken by the commissioner under Section 39.131.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 889, Sec. 1, eff. June 14, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 2, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.020, eff. September 1, 2019.


Sec. 25.113. NOTICE OF CLASS SIZE. (a) A campus or district that is granted an exception under Section 25.112(d) from class size limits shall provide written notice of the exception to the parent of or person standing in parental relation to each student affected by the exception. The notice must be in conspicuous bold or underlined print and:


(1) specify the class for which an exception from the limit imposed by Section 25.112(a) was granted;


(2) state the number of children in the class for which the exception was granted; and


(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.


(b) The notice required by Subsection (a) must be provided not later than the 31st day after:


(1) the first day of the school year; or


(2) the date the exception is granted, if the exception is granted after the beginning of the school year.


Added by Acts 2001, 77th Leg., ch. 889, Sec. 2, eff. June 14, 2001.


Sec. 25.114. STUDENT/TEACHER RATIOS IN PHYSICAL EDUCATION CLASSES; CLASS SIZE. (a) In implementing the curriculum for physical education under Section 28.002(a)(2)(C), each school district shall establish specific objectives and goals the district intends to accomplish through the curriculum, including, to the extent practicable, student/teacher ratios that are small enough to enable the district to:


(1) carry out the purposes of and requirements for the physical education curriculum as provided under Section 28.002(d); and


(2) ensure the safety of students participating in physical education.


(b) If a district establishes a student to teacher ratio greater than 45 to 1 in a physical education class, the district shall specifically identify the manner in which the safety of the students will be maintained.


Added by Acts 2009, 81st Leg., R.S., Ch. 773 (S.B. 891), Sec. 2, eff. June 19, 2009.


SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



Sec. 25.151. STUDENT EXPRESSION. A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. (a) To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:


(1) provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;


(2) provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;


(3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech; and


(4) state, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the district.


(b) The school district disclaimer required by Subsection (a)(4) must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district's nonsponsorship of the student's speech.


(c) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES. Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.155. ADOPTION OF POLICY. A school district shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 25.156, the district is in compliance with the provisions of this subchapter covered by the model policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" means a local policy adopted by the school district that is substantially identical to the following:


ARTICLE I



STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS



The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE II



STUDENT SPEAKERS AT NONGRADUATION EVENTS



The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:


(1) football games;


(2) any other athletic events designated by the district;


(3) opening announcements and greetings for the school day; and


(4) any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.


The forum shall be limited in the manner provided by this article.


Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.


An eligible student shall be notified of the student's eligibility, and a student who wishes to participate as an introducing speaker shall submit the student's name to the student council or other designated body during an announced period of not less than three days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.


The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


For as long as there is a need to dispel confusion over the nonsponsorship of the student's speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."


Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


ARTICLE III



STUDENT SPEAKERS AT GRADUATION CEREMONIES



The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.


The forum shall be limited in the manner provided by this article.


Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.


The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.


In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student's perspective on purpose, achievement, life, school, graduation, and looking forward to the future.


The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.


A written disclaimer shall be printed in the graduation program that states, "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students' own choices. The content of each student speaker's message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district's administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."


ARTICLE IV



RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS



Students may express the students' beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students' submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.


ARTICLE V



FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES



Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group's expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups' meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.


Added by Acts 2007, 80th Leg., R.S., Ch. 261 (H.B. 3678), Sec. 2, eff. June 8, 2007.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO STUDENTS



Sec. 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require, encourage, or coerce a student to engage in or refrain from such prayer or meditation during any school activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 25.904. USE OF CALCULATOR APPLICATION IN PLACE OF GRAPHING CALCULATOR. (a) A school district shall permit a student enrolled in a course that requires the student to use a graphing calculator to use a calculator application on a computing device, including a personal, laptop, or tablet computer, that provides the same functionality, unless the district makes available to the student a graphing calculator at no cost to the student.


(b) A school district may adopt policies related to student use of a computing device under this section.


(c) To the extent this section conflicts with Section 37.082, this section prevails.


Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 7, eff. June 14, 2019.

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EDUCATION CODE CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE E. STUDENTS AND PARENTS CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE SUBCHAPTER A. ADMISSION AND ENROLLMENT Sec. 25.001. ADMISSION.

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In order to promote school stability and improve a foster child's educational outcome, this law required collaboration between child welfare agencies and state and local education agencies.
-Emphasis on school stability.
-Coordination between the state and , child welfare, and local and state educational agencies
-placements account current education setting and proximity to the school
-immediate and appropriate enrollment
(U.S. Const. H. R. 6893).

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Shown Here:
Public Law No: 110-351 (10/07/2008)
(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
Fostering Connections to Success and Increasing Adoptions Act of 2008 - Title I: Connecting and Supporting Relative Caregivers - (Sec. 101) Amends part E (Federal Payments for Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to give state plans the option of providing for the state to enter into agreements to provide kinship guardianship assistance payments to grandparents and other relatives who have assumed legal guardianship of children for whom they have: (1) cared as foster parents; and (2) committed to care on a permanent basis.

Requires the state, according to such an agreement, to pay up to $2,000 of the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child.

Makes children who exit foster care for relative guardianship or adoption after age 16 eligible for independent living services and education and training vouchers under the John H. Chafee Foster Care Independence Program.

Makes individuals with whom kinship guardianship assistance payments are being made categorically eligible for Medicaid.

(Sec. 102) Amends SSA title IV part B (Child and Family Services) to authorize the Secretary of Health and Human Services to make matching grants to state, local, or tribal child welfare agencies, and experienced private nonprofit organizations to help children in, or at risk of entering, foster care to reconnect with family members.

Cites as components of a family reconnect program: (1) a kinship navigator program to assist kinship caregivers in learning about, finding, and using programs and services to meet the needs of the children they are raising and their own needs; (2) intensive family-finding efforts, including work to reestablish relationships and explore ways to find a permanent family placement for the children; (3) family group decision-making meetings for children in the child welfare system; and (4) residential family treatment programs.

Makes appropriations for FY2009-FY2013.

Renames the Child Welfare Services program under SSA title IV part B (Child and Family Services) the Stephanie Tubbs Jones Child Welfare Services Program.

(Sec. 103) Requires a state plan for foster care and adoption assistance to provide that, within 30 days after removal of a child from the parent's or parents' custody, the state shall exercise due diligence to identify and notify all the child's adult relatives of the removal, and: (1) explain the relative's options to participate in the child's care and placement; (2) describe the requirements to become a foster family home, and the additional services and supports available for children placed in such a home; and (3) explain the availability, if any, of kinship guardianship assistance payments.

(Sec. 104) Requires state foster care and adoption assistance plans to provide that a waiver of any non-safety licensing standard for relative foster family homes may be made only on a case-by-case basis for specific children in care.

Directs the Secretary to report to specified congressional committees on: (1) the number and percentage of children in foster care, nationally and for each state, placed in either licensed or unlicensed relative foster family homes; and (2) the frequency, types, and effects of case-by-case waivers of non-safety licensing standards for such homes.

(Sec. 105) Requires the Secretary to make comparisons and disclosures of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes.

Title II: Improving Outcomes for Children in Foster Care - (Sec. 201) Amends SSA title IV part E to give states the option of covering under part E certain children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18.

(Sec. 202) Requires a case review system to include a procedure for assuring that a case worker aids and supports a child aging out of foster care in developing a personalized transition plan.

(Sec. 203) Provides for short-term training for child welfare agencies, relative guardians, and court personnel. Phases in increased expenditures for such training.

(Sec. 204) Removes a child's immunizations from the health and education records required as part of a case plan.

Requires case plans to include a plan for ensuring the educational stability of the child while in foster care.

Requires the state plan for foster care and adoption assistance to provide assurances that each child who has attained the minimum age for compulsory school attendance under state law, and with respect to whom there is eligibility for a payment under the state plan, is a full-time elementary or secondary school student or has completed secondary school.

(Sec. 205) Requires each state child welfare services plan to provide that the state will develop a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement.

(Sec. 206) Requires a state plan to provide for reasonable efforts for joint placement of siblings in the same foster care, kinship guardianship, or adoptive placement unless it would be contrary to the safety or well being of any of them. Requires the plan also to provide, in the case of siblings removed from their homes who are not jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless it would be contrary to the safety or well-being of any of them.

Title III: Tribal Foster Care and Adoption Access - (Sec. 301) Amends SSA title IV part E to allow an Indian tribe to receive direct federal funds for programs operated by Indian organizations if specified financial management and other requirements are met.

Authorizes an Indian tribe to receive a portion of a state plan allotment as part of an agreement to operate the John H. Chafee Foster Care Independence Program.

(Sec. 302) Provides for technical assistance and implementation services for tribal programs.

Makes appropriations for FY2009 and ensuing fiscal years.

Title IV: Improvements of Incentives for Adoption - (Sec. 401) Revises the adoption incentives payment program, extending it for five years through FY2012, and increasing incentive payments for special needs adoptions and older child adoptions, among other changes.

(Sec. 402) Provides for the promotion of adoption of all children with special needs, regardless of birth family or adoptive family income.

(Sec. 403) Requires the state plan for foster care and adoption assistance to provide that the state will inform any individual who is adopting, or considering adopting, a child in foster care of the individual's potential eligibility for a federal tax credit.

Title V: Clarification of Uniform Definition of Child And Other Provisions - (Sec. 501) Amends the Internal Revenue Code, with respect to the tax exemption for dependents, to require that an individual: (1) be younger than the taxpayer claiming the individual as a qualifying child; and (2) not have filed a joint return (other than only for a refund claim) with the individual's spouse for the taxable year in question.

Limits the child tax credit to qualifying children for which the taxpayer is allowed a deduction.

Prohibits a non-parent from claiming another individual as a qualifying child, if no parent claims the individual, unless the non-parent's adjusted gross income is higher than the highest adjusted gross income of any of the individual's parents.

(Sec. 502) Authorizes the Secretary of the Treasury to invest U.S. operating cash in repurchase agreements with acceptable parties.

Repeals the declaration that this investment authority does not permit the Secretary to require the sale of obligations by a particular person, dealer, or financial institution. (Thus allows the Secretary to make such requirements.)

Requires the Secretary to report annually to the appropriate congressional committees on the investment of operating cash, describing the Secretary's consideration of associated risks and the actions taken to manage such risks.

(Sec. 503) Denies federal funding to individuals unlawfully present in the United States.

Title VI: Effective Date - (Sec. 601) Sets forth the effective date of this Act.

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H.R.6893 - 110th Congress (2007-2008): Fostering Connections to Success and Increasing Adoptions Act of 2008

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(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.) Fostering Connections to Success and Increasing Adoptions Act of 2008 - Title I: Connecting and Supporting Relative Caregivers - (Sec.

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According to the state statute- Family Code Chapter 264. Child Welfare Services states that a child who is not in conservatorship of the state is allowed to participate in extracurricular activities, in and out of school social activities, cultural and enrichment activities, and employment opportunities (Tex. Family Code § 264.001).

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FAMILY CODE



TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP



SUBTITLE E. PROTECTION OF THE CHILD



CHAPTER 264. CHILD WELFARE SERVICES



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 264.001. DEFINITIONS. In this chapter:


(1) "Age-appropriate normalcy activity" means an activity or experience:


(A) that is generally accepted as suitable for a child's age or level of maturity or that is determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the age or age group; and


(B) in which a child who is not in the conservatorship of the state is generally allowed to participate, including extracurricular activities, in-school and out-of-school social activities, cultural and enrichment activities, and employment opportunities.


(1-a) "Department" means the Department of Family and Protective Services.


(2) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.


(3) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.


(3-a) "Least restrictive setting" means a placement for a child that, in comparison to all other available placements, is the most family-like setting.


(4) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.


(5) "Standard of care of a reasonable and prudent parent" means the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking into consideration:


(A) the overall health and safety of the child;


(B) the child's age, maturity, and development level;


(C) the best interest of the child based on the caregiver's knowledge of the child;


(D) the appropriateness of a proposed activity and any potential risk factors;


(E) the behavioral history of the child and the child's ability to safely participate in a proposed activity;


(F) the importance of encouraging the child's social, emotional, and developmental growth; and


(G) the importance of providing the child with the most family-like living experience possible.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.42, eff. September 1, 2005.


Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 4, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 36(1), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 3, eff. September 1, 2017.


Sec. 264.0011. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. In this chapter:


(1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and


(2) a reference to the commission or the Health and Human Services Commission means the department.


Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 12, eff. September 1, 2017.


Sec. 264.002. SPECIFIC APPROPRIATION REQUIRED.


(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.


(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.


(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.


(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(22), eff. September 1, 2015.


(e) The department may not spend state funds to accomplish the purposes of this subtitle unless the funds have been specifically appropriated for those purposes.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 46, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 47, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(22), eff. September 1, 2015.


Sec. 264.004. ALLOCATION OF STATE FUNDS. (a) The department shall establish a method of allocating state funds for children's protective services programs that encourages and rewards the contribution of funds or services from all persons, including local governmental entities.


(b) Except as provided by this subsection, if a contribution of funds or services is made to support a children's protective services program in a particular county, the department shall use the contribution to benefit that program. The department may use the contribution for another purpose only if the commissioners court of the county gives the department written permission.


(c) The department may use state and federal funds to provide benefits or services to children and families who are otherwise eligible for the benefits or services, including foster care, adoption assistance, medical assistance, family reunification services, and other child protective services and related benefits without regard to the immigration status of the child or the child's family.


(d) The Health and Human Services Commission may use money appropriated from the trafficked persons program account established under Section 50.0153, Health and Safety Code, to establish, maintain, and operate facilities to provide care and recovery and to ensure the general well-being of children and youth who are victims of an offense of trafficking of persons as defined by Article 56B.003, Code of Criminal Procedure.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 23, eff. Sept. 1, 1997.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 704 (H.B. 2633), Sec. 3, eff. September 1, 2021.


Sec. 264.005. COUNTY CHILD WELFARE BOARDS. (a) The commissioners court of a county may appoint a child welfare board for the county. The commissioners court and the department shall determine the size of the board and the qualifications of its members. However, a board must have not less than seven and not more than 15 members, and the members must be residents of the county. The members shall serve at the pleasure of the commissioners court and may be removed by the court for just cause. The members serve without compensation.


(b) With the approval of the department, two or more counties may establish a joint child welfare board if that action is found to be more practical in accomplishing the purposes of this chapter. A board representing more than one county has the same powers as a board representing a single county and is subject to the same conditions and liabilities.


(c) The members of a county child welfare board shall select a presiding officer and shall perform the duties required by the commissioners court and the department to accomplish the purposes of this chapter.


(d) A county child welfare board is an entity of the department for purposes of providing coordinated state and local public welfare services for children and their families and for the coordinated use of federal, state, and local funds for these services. The child welfare board shall work with the commissioners court.


(e) A county child welfare board is a governmental unit for the purposes of Chapter 101, Civil Practice and Remedies Code.


(f) A county child protective services board member may receive information that is confidential under Section 40.005, Human Resources Code, or Section 261.201 when the board member is acting in the member's official capacity.


(g) A child welfare board may conduct a closed meeting under Section 551.101, Government Code, to discuss, consider, or act on a matter that is confidential under Section 40.005, Human Resources Code, or Section 261.201.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 24, eff. Sept. 1, 1997.


Sec. 264.006. COUNTY FUNDS. The commissioners court of a county may appropriate funds from its general fund or any other fund for the administration of its county child welfare board. The court may provide for services to and support of children in need of protection and care without regard to the immigration status of the child or the child's family.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 25, eff. Sept. 1, 1997.


Sec. 264.008. CHILD WELFARE SERVICE FUND. The child welfare service fund is a special fund in the state treasury. The fund shall be used to administer the child welfare services provided by the department.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) Except as provided by Subsection (b), (c), or (f), in any action under this code, the department shall be represented in court by the county attorney of the county where the action is brought, unless the district attorney or criminal district attorney of the county elects to provide representation.


(b) If the county attorney, district attorney, or criminal district attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action.


(c) If the attorney general is unable to represent the department in an action under this code, the attorney general shall deputize an attorney who has contracted with the department under Subsection (d) or an attorney employed by the department under Subsection (e) to represent the department in the action.


(d) Subject to the approval of the attorney general, the department may contract with a private attorney to represent the department in an action under this code.


(e) The department may employ attorneys to represent the department in an action under this code.


(f) In a county with a population of 2.8 million or more, in an action under this code, the department shall be represented in court by the attorney who represents the state in civil cases in the district or county court of the county where the action is brought. If such attorney is unable to represent the department in an action under this code because of a conflict of interest or because special circumstances exist, the attorney general shall represent the department in the action.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 116, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 91, eff. Sept. 1, 1997.


Sec. 264.0091. USE OF TELECONFERENCING AND VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of funds, the department, in cooperation with district and county courts, shall expand the use of teleconferencing and videoconferencing to facilitate participation by medical experts, children, and other individuals in court proceedings, including children for whom the department or a licensed child-placing agency has been appointed managing conservator and who are committed to the Texas Juvenile Justice Department.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.43, eff. September 1, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 12, eff. May 23, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.184, eff. April 2, 2015.


Sec. 264.010. CHILD ABUSE PLAN; LIMITATION ON EXPENDITURE OF FUNDS. (a) Funds appropriated for protective services, child and family services, and the purchased service system for the department may only be spent on or after March 1, 1996, in a county that provides the department with a child abuse prevention and protection plan. If a plan is not submitted to the department under this section, the department shall document the county's failure to submit a plan and may spend appropriated funds in the county to carry out the department's duties under this subtitle.


(b) A child abuse prevention and protection plan may be submitted by the governing body of a county or of a regional council of governments in which the county is an active participant.


(c) The department may not require a child abuse prevention and protection plan to exceed five double-spaced letter-size pages. The county or council of governments may voluntarily provide a longer plan.


(d) A child abuse prevention and protection plan must:


(1) specify the manner of communication between entities who are parties to the plan, including the department, the commission, local law enforcement agencies, the county and district attorneys, members of the medical and social service community, foster parents, and child advocacy groups; and


(2) provide other information concerning the prevention and investigation of child abuse in the area for which the plan is adopted.


Added by Acts 1995, 74th Leg., ch. 943, Sec. 6, eff. Sept. 1, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.185, eff. April 2, 2015.


Sec. 264.011. LOCAL ACCOUNTS. (a) The department may establish and maintain local bank or savings accounts for a child who is under the managing conservatorship of the department as necessary to administer funds received in trust for or on behalf of the child.


(b) Funds maintained in an account under this section may be used by the department to support the child, including for the payment of foster care expenses, or may be paid to a person providing care for the child.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 26, eff. Sept. 1, 1997.


Sec. 264.0111. MONEY EARNED BY CHILD. (a) A child for whom the department has been appointed managing conservator and who has been placed by the department in a residential child-care facility as defined by Chapter 42, Human Resources Code, is entitled to keep any money earned by the child during the time of the child's placement.


(b) The child may deposit the money earned by the child in a bank or savings account subject to the sole management and control of the child as provided by Section 34.305, Finance Code. The child is the sole and absolute owner of the deposit account.


(c) If a child earns money as described by this section and is returned to the child's parent or guardian, the child's parent or guardian may not interfere with the child's authority to control, transfer, draft on, or make a withdrawal from the account.


(d) In this section, a reference to money earned by a child includes any interest that accrues on the money.


(e) The executive commissioner may adopt rules to implement this section.


Added by Acts 2001, 77th Leg., ch. 964, Sec. 3, eff. Sept. 1, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.186, eff. April 2, 2015.


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 32, eff. September 1, 2017.


Sec. 264.0121. NOTICE TO LEGISLATORS OF FOSTER CHILD'S DEATH. Not later than the fifth day after the date the department is notified of the death of a child for whom the department has been appointed managing conservator, the department shall provide the information described by Section 261.203(a) for the child to the state senators and state representatives who represent:


(1) the county in which the child's placement at the time of the child's death was located; and


(2) the county in which a suit affecting the parent-child relationship involving the child is pending.


Added by Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 2, eff. June 17, 2015.


Sec. 264.013. EXCHANGE OF INFORMATION WITH OTHER STATES. Subject to the availability of funds, the department shall enter into agreements with other states to allow for the exchange of information relating to a child for whom the department is or was the managing conservator. The information may include the child's health passport and education passport.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.44, eff. September 1, 2005.


Sec. 264.0145. RELEASE OF CASE RECORD. (a) In this section, "case record" means those files, reports, records, communications, audio recordings, video recordings, or working papers under the custody and control of the department that are collected, developed, or used:


(1) in a child abuse or neglect investigation; or


(2) in providing services as a result of an investigation, including substitute care services for a child.


(b) The executive commissioner by rule shall establish guidelines that prioritize requests to release case records, including those made by an adult previously in the department's managing conservatorship.


(c) The department is not required to release a copy of the case record except as provided by law and department rule.


Added by Acts 2011, 82nd Leg., R.S., Ch. 568 (H.B. 3234), Sec. 1, eff. September 1, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1069 (H.B. 3259), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.187, eff. April 2, 2015.


Sec. 264.015. TRAINING. (a) The department shall include training in trauma-informed programs and services in any training the department provides to foster parents, adoptive parents, kinship caregivers, department caseworkers, and department supervisors. The department shall pay for the training provided under this subsection with gifts, donations, and grants and any federal money available through the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351). The department shall annually evaluate the effectiveness of the training provided under this subsection to ensure progress toward a trauma-informed system of care.


(b) The department shall require department caseworkers and department supervisors to complete an annual refresher training course in trauma-informed programs and services.


(c) To the extent that resources are available, the department shall assist the following entities in developing training in trauma-informed programs and services and in locating money and other resources to assist the entities in providing trauma-informed programs and services:


(1) court-appointed special advocate programs;


(2) children's advocacy centers;


(3) local community mental health centers created under Section 534.001, Health and Safety Code; and


(4) domestic violence shelters.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 5, eff. September 1, 2009.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 371 (S.B. 219), Sec. 1, eff. September 1, 2011.


Sec. 264.017. REQUIRED REPORTING. (a) The department shall prepare and disseminate a report of statistics by county relating to key performance measures and data elements for child protection.


(b) The department shall provide the report required by Subsection (a) to the legislature and shall publish the report and make the report available electronically to the public not later than February 1 of each year. The report must include, with respect to the preceding year:


(1) information on the number and disposition of reports of child abuse and neglect received by the department;


(2) information on the number of clients for whom the department took protective action, including investigations, alternative responses, and court-ordered removals;


(3) information on the number of clients for whom the department provided services in each program administered by the child protective services division, including investigations, alternative responses, family-based safety services, conservatorship, post-adoption services, and transitional living services;


(4) the number of children in this state who died as a result of child abuse or neglect;


(5) the number of children described by Subdivision (4) for whom the department was the children's managing conservator at the time of death;


(6) information on the timeliness of the department's initial contact in an investigation or alternative response;


(7) information on the response time by the department in commencing services to families and children for whom an allegation of child abuse or neglect has been made;


(8) information regarding child protection staffing and caseloads by program area;


(9) information on the permanency goals in place and achieved for children in the managing conservatorship of the department, including information on the timeliness of achieving the goals, the stability of the children's placement in foster care, and the proximity of placements to the children's home counties;


(10) the number of children who suffer from a severe emotional disturbance and for whom the department is appointed managing conservator, including statistics on appointments as joint managing conservator, due to an individual voluntarily relinquishing custody of a child solely to obtain mental health services for the child;


(11) the number of children who are pregnant or a parent while in the managing conservatorship of the department and the number of the children born to a parent in the managing conservatorship of the department who are placed in the managing conservatorship of the department;


(12) the number of children who are missing from the children's substitute care provider while in the managing conservatorship of the department; and


(13) the number of children who were victims of trafficking under Chapter 20A, Penal Code, while in the managing conservatorship of the department.


(c) To the extent feasible, the report must also include, for each county, the amount of funding for child abuse and neglect prevention services and the rate of child abuse and neglect per 1,000 children in the county for the preceding year and for each of the preceding five years.


(d) Not later than September 1 of each year, the department shall seek public input regarding the usefulness of, and any proposed modifications to, existing reporting requirements and proposed additional reporting requirements. The department shall evaluate the public input provided under this subsection and seek to facilitate reporting to the maximum extent feasible within existing resources and in a manner that is most likely to assist public understanding of department functions.


(e) In addition to the information required under Subsections (a) and (b), the department shall annually publish information on the number of children who died during the preceding year whom the department determined had been abused or neglected but whose death was not the result of the abuse or neglect. The department may publish the information described by this subsection in the same report required by Subsection (a) or in another annual report published by the department.


Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 48, eff. September 1, 2015.


Sec. 264.018. REQUIRED NOTIFICATIONS. (a) In this section:


(1) "Child-placing agency" has the meaning assigned by Section 42.002, Human Resources Code.


(2) "Psychotropic medication" has the meaning assigned by Section 266.001.


(3) "Residential child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.


(4) "Significant change in medical condition" means the occurrence of an injury or the onset of an illness that is life-threatening or may have serious long-term health consequences. The term includes the occurrence or onset of an injury or illness that requires hospitalization for surgery or another procedure that is not minor emergency care.


(5) "Significant event" means:


(A) a placement change, including failure by the department to locate an appropriate placement for at least one night;


(B) a significant change in medical condition;


(C) an initial prescription of a psychotropic medication or a change in dosage of a psychotropic medication;


(D) a major change in school performance or a serious disciplinary event at school;


(E) a placement in a qualified residential treatment program as that term is defined by 42 U.S.C. Section 672(k)(4); or


(F) any event determined to be significant under department rule.


(b) The notification requirements of this section are in addition to other notice requirements provided by law, including Sections 263.0021, 264.107(g), and 264.123.


(c) The department must provide notice under this section in a manner that would provide actual notice to a person entitled to the notice, including the use of electronic notice whenever possible.


(d) Not later than 24 hours after an event described by this subsection, the department shall make a reasonable effort to notify a parent of a child in the managing conservatorship of the department of:


(1) a significant change in medical condition of the child;


(2) the enrollment or participation of the child in a drug research program under Section 266.0041; and


(3) an initial prescription of a psychotropic medication.


(d-1) Except as provided by Subsection (d-2), as soon as possible but not later than 24 hours after a change in placement of a child in the conservatorship of the department, the department shall give notice of the placement change to the managed care organization that contracts with the commission to provide health care services to the child under the STAR Health program. The managed care organization shall give notice of the placement change to the primary care physician listed in the child's health passport before the end of the second business day after the day the organization receives the notification from the department.


(d-2) In this subsection, "catchment area" has the meaning assigned by Section 264.152. In a catchment area in which community-based care has been implemented, the single source continuum contractor that has contracted with the commission to provide foster care services in that catchment area shall, as soon as possible but not later than 24 hours after a change in placement of a child in the conservatorship of the department, give notice of the placement change to the managed care organization that contracts with the commission to provide health care services to the child under the STAR Health program. The managed care organization shall give notice of the placement change to the child's primary care physician in accordance with Subsection (d-1).


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


(1) the child's parent;


(2) an attorney ad litem appointed for the child under Chapter 107;


(3) a guardian ad litem appointed for the child under Chapter 107;


(4) a volunteer advocate appointed for the child under Chapter 107; and


(5) the licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee.


(f) Except as provided by Subsection (d-1), as soon as possible but not later than the 10th day after the date the department becomes aware of a significant event affecting a child in the conservatorship of the department, the department shall provide notice of the significant event to:


(1) the child's parent;


(2) an attorney ad litem appointed for the child under Chapter 107;


(3) a guardian ad litem appointed for the child under Chapter 107;


(4) a volunteer advocate appointed for the child under Chapter 107;


(5) the licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee;


(6) 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


(7) any other person determined by a court to have an interest in the child's welfare.


(g) For purposes of Subsection (f), if a hearing for the child is conducted during the 10-day notice period described by that subsection, the department shall provide notice of the significant event at the hearing.


(h) The department is not required to provide notice under this section to a parent of a child in the managing conservatorship of the department if:


(1) the department cannot locate the parent;


(2) a court has restricted the parent's access to the information;


(3) the child is in the permanent managing conservatorship of the department and the parent has not participated in the child's case for at least six months despite the department's efforts to involve the parent;


(4) the parent's rights have been terminated; or


(5) the department 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.


(i) The department is not required to provide notice of a significant event under this section to the child-placing agency responsible for the placement of a child in the managing conservatorship of the department, a foster parent, a prospective adoptive parent, a relative of the child providing care to the child, or the director of the group home or general residential operation where the child resides if that agency or individual is required under a contract or other agreement to provide notice of the significant event to the department.


(j) A person entitled to notice from the department under this section shall provide the department with current contact information, including the person's e-mail address and the telephone number at which the person may most easily be reached. The person shall update the person's contact information as soon as possible after a change to the information. The department is not required to provide notice under this section to a person who fails to provide contact information to the department. The department may rely on the most recently provided contact information in providing notice under this section.


(k) To facilitate timely notification under this section, a residential child-care facility contracting with the department for 24-hour care shall notify the department, in the time provided by the facility's contract, of a significant event for a child who is in the conservatorship of the department and residing in the facility.


(l) The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this section using a negotiated rulemaking process under Chapter 2008, Government Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 722 (H.B. 1309), Sec. 1, eff. September 1, 2015.


Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 48, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 33, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 14, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.005, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 616 (S.B. 1575), Sec. 2, eff. September 1, 2021.


Sec. 264.019. COLLECTION AND REPORTING OF ALCOHOL AND CONTROLLED SUBSTANCE STATISTICS. (a) The department shall collect the following information and update the department's automated case tracking and information management system to allow caseworkers to record:


(1) the number of children reported to the department who at birth tested positive for the presence of alcohol or a controlled substance;


(2) the controlled substances for which the children described by Subdivision (1) tested positive;


(3) the number of children described by Subdivision (1) who were removed from their homes and have been diagnosed as having a disability or chronic medical condition resulting from the presence of alcohol or controlled substances; and


(4) the number of parents who test positive for the presence of a controlled substance during a department investigation of a report of abuse or neglect of the parent's child.


(b) Not later than November 1 of each year, the department shall:


(1) prepare for the preceding year a report containing:


(A) the information collected under Subsection (a); and


(B) the data collected under Section 531.02143, Government Code;


(2) post a copy of the report prepared under Subdivision (1) on the department's Internet website; and


(3) electronically submit to the legislature a copy of the report.


(c) The commissioner of the department shall adopt rules necessary to implement this section.


(d) The department is required to implement this section in a state fiscal biennium only if the commissioner of the department determines that the legislature has specifically appropriated an amount sufficient to update the department's automated case tracking and information management system. If the commissioner of the department does not make that determination, the department shall implement this section not later than the date of the department's next update of the automated case tracking and information management system.


Added by Acts 2019, 86th Leg., R.S., Ch. 417 (S.B. 195), Sec. 2, eff. January 1, 2020.


SUBCHAPTER B. FOSTER CARE



Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may pay the cost of foster care for a child only if:


(1) the child has been placed by the department in a foster home or other residential child-care facility, as defined by Chapter 42, Human Resources Code, or in a comparable residential facility in another state; and


(2) the department:


(A) has initiated suit and been named conservator of the child; or


(B) has the duty of care, control, and custody after taking possession of the child in an emergency without a prior court order as authorized by this subtitle.


(a-1) The department shall continue to pay the cost of foster care for a child for whom the department provides care, including medical care, until the last day of the month in which the child attains the age of 18. The department shall continue to pay the cost of foster care for a child after the month in which the child attains the age of 18 as long as the child is:


(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;


(2) regularly attending an institution of higher education or a postsecondary vocational or technical program;


(3) participating in a program or activity that promotes, or removes barriers to, employment;


(4) employed for at least 80 hours a month; or


(5) incapable of performing the activities described by Subdivisions (1)-(4) due to a documented medical condition.


(a-2) The department shall continue to pay the cost of foster care under:


(1) Subsection (a-1)(1) until the last day of the month in which the child attains the age of 22; and


(2) Subsections (a-1)(2)-(5) until the last day of the month the child attains the age of 21.


(b) The department may not pay the cost of protective foster care for a child for whom the department has been named managing conservator under an order rendered solely under Section 161.001(b)(1)(J).


(c) The payment of foster care, including medical care, for a child as authorized under this subchapter shall be made without regard to the child's eligibility for federally funded care.


(d) The executive commissioner may adopt rules that establish criteria and guidelines for the payment of foster care, including medical care, for a child and for providing care for a child after the child becomes 18 years of age if the child meets the requirements for continued foster care under Subsection (a-1).


(d-1) The executive commissioner may adopt rules that prescribe the maximum amount of state money that a residential child-care facility may spend on nondirect residential services, including administrative services. The commission shall recover the money that exceeds the maximum amount established under this subsection.


(e) The department may accept and spend funds available from any source to pay for foster care, including medical care, for a child in the department's care.


(f) In this section, "child" means a person who:


(1) is under 22 years of age and for whom the department has been appointed managing conservator of the child before the date the child became 18 years of age; or


(2) is the responsibility of an agency with which the department has entered into an agreement to provide care and supervision of the child.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 27, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 183 (H.B. 614), Sec. 1, eff. May 27, 2005.


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.45, eff. September 1, 2005.


Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 6, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(b), eff. October 1, 2010.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.188, eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 49, eff. September 1, 2015.


Sec. 264.1015. LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE. (a) The cost of foster care provided for a child, including medical care, is an obligation of the estate of the child and the estate is liable to the department for the cost of the care.


(b) The department may take action to recover from the estate of the child the cost of foster care for the child.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 28, eff. Sept. 1, 1997.


Sec. 264.102. COUNTY CONTRACTS. (a) The department may contract with a county commissioners court to administer the funds authorized by this subchapter for eligible children in the county and may require county participation.


(b) The payments provided by this subchapter do not abrogate the responsibility of a county to provide child welfare services.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 264.103. DIRECT PAYMENTS. The department may make direct payments for foster care to a foster parent residing in a county with which the department does not have a contract authorized by Section 264.102.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 264.104. PARENT OR GUARDIAN LIABILITY. (a) The parent or guardian of a child is liable to the state or to the county for a payment made by the state or county for foster care of a child under this subchapter.


(b) The cost of foster care for a child, including medical care, is a legal obligation of the child's parents, and the estate of a parent of the child is liable to the department for payment of the costs.


(c) The funds collected by the state under this section shall be used by the department for child welfare services.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 29, eff. Sept. 1, 1997.


Sec. 264.1061. FOSTER PARENT PERFORMANCE. The department shall monitor the performance of a foster parent who has been verified by the department in the department's capacity as a child-placing agency. The method under which performance is monitored must include the use of objective criteria by which the foster parent's performance may be assessed. The department shall include references to the criteria in a written agreement between the department and the foster parent concerning the foster parent's services.


Added by Acts 1997, 75th Leg., ch. 1022, Sec. 92, eff. Sept. 1, 1997.


Sec. 264.107. PLACEMENT OF CHILDREN. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.


(b) The department shall use an application or assessment developed by the department in coordination with interested parties for the placement of children in contract residential care.


(c) In selecting a placement for a child, the department shall consider whether the placement is in the child's best interest. In determining whether a placement is in a child's best interest, the department shall consider whether the placement:


(1) is the least restrictive setting for the child;


(2) is the closest in geographic proximity to the child's home;


(3) is the most able to meet the identified needs of the child; and


(4) satisfies any expressed interests of the child relating to placement, when developmentally appropriate.


(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.


(e) In making placement decisions, the department shall:


(1) except when making an emergency placement that does not allow time for the required consultations, consult with the child's caseworker, attorney ad litem, and guardian ad litem and with any court-appointed volunteer advocate for the child; and


(2) use clinical protocols to match a child to the most appropriate placement resource.


(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff. April 2, 2015.


(g) If the department or single source continuum contractor is unable to find an appropriate placement for a child, an employee of the department or contractor who has on file with the department or contractor, as applicable, a background and criminal history check may provide temporary emergency care for the child. The employee may not provide emergency care under this subsection in the employee's residence. The department or contractor shall provide notice to the court for a child placed in temporary care under this subsection not later than the next business day after the date the child is placed in temporary care.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.48, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 14, eff. September 1, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 193 (S.B. 425), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.189, eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(11), eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 50, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(25), eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 4, eff. September 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 2, eff. June 14, 2021.


Sec. 264.1071. OFFICE STAYS PROHIBITED. The department may not allow a child to stay overnight in a department office.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 2021.


Sec. 264.1072. EDUCATIONAL STABILITY. The department shall develop, in accordance with 42 U.S.C. Section 675, a plan to ensure the educational stability of a foster child.


Added by Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 7, eff. September 1, 2013.


Sec. 264.1073. TREATMENT FOSTER CARE. The department and single source continuum contractors shall:


(1) lessen employment restrictions to allow single parents to participate in treatment foster care, when quality care is assured;


(2) expand the eligible age for treatment foster care to include children 10 years of age or older;


(3) prepare and plan for the subsequent placement not later than the 30th day after a child is placed in treatment foster care to assist in the transition to the least restrictive placement; and


(4) extend the length of time for a treatment foster care placement.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 3, eff. June 14, 2021.


Sec. 264.1075. ASSESSING NEEDS OF CHILD. (a) On removing a child from the child's home, the department shall use assessment services provided by a child-care facility, a child-placing agency, or the child's medical home during the initial substitute care placement. The assessment may be used to determine the most appropriate substitute care placement for the child, if needed.


(b) As soon as possible after a child is placed in the managing conservatorship of the department, the department shall assess whether the child has a developmental or intellectual disability.


(c) If the assessment required by Subsection (b) indicates that the child might have an intellectual disability, the department shall ensure that a referral for a determination of intellectual disability is made as soon as possible and that the determination is conducted by an authorized provider before the date of the child's 16th birthday, if practicable. If the child is placed in the managing conservatorship of the department after the child's 16th birthday, the determination of intellectual disability must be conducted as soon as possible after the assessment required by Subsection (b). In this subsection, "authorized provider" has the meaning assigned by Section 593.004, Health and Safety Code.


Added by Acts 1997, 75th Leg., ch. 1022, Sec. 93, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.49, eff. September 1, 2005.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.190, eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 51, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 3, eff. September 1, 2017.


Sec. 264.1076. MEDICAL EXAMINATION REQUIRED. (a) This section applies only to a child who has been taken into the conservatorship of the department and remains in the conservatorship of the department for more than three business days.


(b) The department shall ensure that each child described by Subsection (a) receives an initial medical examination from a physician or other health care provider authorized under state law to conduct medical examinations not later than the end of the third business day after the date the child is removed from the child's home, if the child:


(1) is removed as the result of sexual abuse, physical abuse, or an obvious physical injury to the child; or


(2) has a chronic medical condition, a medically complex condition, or a diagnosed mental illness.


(c) Notwithstanding Subsection (b), the department shall ensure that any child who enters the conservatorship of the department receives any necessary emergency medical care as soon as possible.


(d) A physician or other health care provider conducting an examination under Subsection (b) may not administer a vaccination as part of the examination without parental consent, except that a physician or other health care provider may administer a tetanus vaccination to a child in a commercially available preparation if the physician or other health care provider determines that an emergency circumstance requires the administration of the vaccination. The prohibition on the administration of a vaccination under this subsection does not apply after the department has been named managing conservator of the child after a hearing conducted under Subchapter C, Chapter 262.


(e) Whenever possible, the department shall schedule the medical examination for a child before the last business day of the appropriate time frame provided under Subsection (b).


(f) The department shall collaborate with the commission and selected physicians and other health care providers authorized under state law to conduct medical examinations to develop guidelines for the medical examination conducted under this section, including guidelines on the components to be included in the examination. The guidelines developed under this subsection must provide assistance and guidance regarding:


(1) assessing a child for:


(A) signs and symptoms of child abuse and neglect;


(B) the presence of acute or chronic illness; and


(C) signs of acute or severe mental health conditions;


(2) monitoring a child's adjustment to being in the conservatorship of the department;


(3) ensuring a child has necessary medical equipment and any medication prescribed to the child or needed by the child; and


(4) providing appropriate support and education to a child's caregivers.


(g) Notwithstanding any other law, the guidelines developed under Subsection (f) do not create a standard of care for a physician or other health care provider authorized under state law to conduct medical examinations, and a physician or other health care provider may not be subject to criminal, civil, or administrative penalty or civil liability for failure to adhere to the guidelines.


(h) The department shall make a good faith effort to contact a child's primary care physician to ensure continuity of care for the child regarding medication prescribed to the child and the treatment of any chronic medical condition.


(i) Not later than December 31, 2019, the department shall submit a report to the standing committees of the house of representatives and the senate with primary jurisdiction over child protective services and foster care evaluating the statewide implementation of the medical examination required by this section. The report must include the level of compliance with the requirements of this section in each region of the state.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 15(a), eff. September 1, 2017.


For expiration of this section, see Subsection (c).



Sec. 264.1077. STUDY REGARDING RESIDENTIAL TREATMENT CENTER PLACEMENT. (a) The Supreme Court of Texas Children's Commission, in collaboration with the department, shall establish and oversee a work group to examine the oversight of and best practices related to residential treatment center placements, including placements in qualified residential treatment programs as that term is defined by 42 U.S.C. Section 672(k)(4). The work group shall consider topics and changes to current practices the work group determines necessary to ensure the appropriate use of and to improve the transition into and out of residential treatment center placements, including:


(1) statutorily required judicial review of residential treatment center placements;


(2) fiscal implications of additional judicial review for residential treatment center placements;


(3) methods for improving the state's practices regarding the duration of residential treatment center placements, including best practices for transition planning and involving family and other relevant participants in preparing the child for a subsequent placement;


(4) proposed statutory changes regarding appropriate judicial findings, evidence required to be submitted by the department, and recommendations for information to be gathered from the child's attorney or guardian ad litem; and


(5) model court orders determined to be appropriate for the legal requirements for a particular placement.


(b) Not later than October 1, 2022, the Supreme Court of Texas Children's Commission shall submit a report to the legislature regarding the findings and recommendations from the work group established by Subsection (a).


(c) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 616 (S.B. 1575), Sec. 3, eff. September 1, 2021.


Sec. 264.1085. FOSTER CARE PLACEMENT IN COMPLIANCE WITH FEDERAL LAW REQUIRED. The department or a licensed child-placing agency making a foster care placement shall comply with the Multiethnic Placement Act of 1994 (42 U.S.C. Section 1996b).


Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 52, eff. September 1, 2015.


Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE CASES. (a) The placement of a child in substitute care by the department constitutes an assignment to the state of any support rights attributable to the child as of the date the child is placed in substitute care.


(b) If a child placed by the department in substitute care is entitled under federal law to Title IV-D child support enforcement services without the requirement of an application for services, the department shall immediately refer the case to the Title IV-D agency. If an application for Title IV-D services is required and the department has been named managing conservator of the child, then an authorized representative of the department shall be the designated individual entitled to apply for services on behalf of the child and shall promptly apply for the services.


(c) The department and the Title IV-D agency shall execute a memorandum of understanding for the implementation of the provisions of this section and for the allocation between the department and the agency, consistent with federal laws and regulations, of any child support funds recovered by the Title IV-D agency in substitute care cases. All child support funds recovered under this section and retained by the department or the Title IV-D agency and any federal matching or incentive funds resulting from child support collection efforts in substitute care cases shall be in excess of amounts otherwise appropriated to either the department or the Title IV-D agency by the legislature.


Added by Acts 1995, 74th Leg., ch. 751, Sec. 117, eff. Sept. 1, 1995.


Sec. 264.110. PROSPECTIVE FOSTER OR ADOPTIVE PARENT STATEMENT. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(d) Before a child may be placed with a foster or adoptive parent, the prospective foster or adoptive parent must sign a written statement in which the prospective foster or adoptive parent agrees to the immediate removal of the child by the department under circumstances determined by the department.


(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


(h) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(28), eff. September 1, 2015.


Added by Acts 1995, 74th Leg., ch. 943, Sec. 8, eff. Sept. 1, 1995. Renumbered from Family Code Sec. 264.109 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(30), eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.192, eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 53, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 54, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(28), eff. September 1, 2015.


Sec. 264.112. REPORT ON CHILDREN IN SUBSTITUTE CARE. (a) The department shall report the status for children in substitute care to the executive commissioner at least once every 12 months.


(b) The report shall analyze the length of time each child has been in substitute care and the barriers to placing the child for adoption or returning the child to the child's parent or parents.


Added by Acts 1997, 75th Leg., ch. 600, Sec. 18, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.193, eff. April 2, 2015.


Sec. 264.113. FOSTER PARENT RECRUITMENT. (a) In this section, "faith-based organization" means a religious or denominational institution or organization, including an organization operated for religious, educational, or charitable purposes and operated, supervised, or controlled, in whole or in part, by or in connection with a religious organization.


(b) The department shall develop a program to recruit and retain foster parents from faith-based organizations. As part of the program, the department shall:


(1) collaborate with faith-based organizations to inform prospective foster parents about the department's need for foster parents, the requirements for becoming a foster parent, and any other aspect of the foster care program that is necessary to recruit foster parents;


(2) provide training for prospective foster parents recruited under this section; and


(3) identify and recommend ways in which faith-based organizations may support persons as they are recruited, are trained, and serve as foster parents.


(c) The department shall work with OneStar Foundation to expand the program described by Subsection (b) to increase the number of foster families available for the department and its private providers. In cooperation with the department, OneStar Foundation may provide training and technical assistance to establish networks and services in faith-based organizations based on best practices for supporting prospective and current foster families.


(d) The department shall work with the Department of Assistive and Rehabilitative Services to recruit foster parents and adoptive parents who have skills, training, or experience suitable to care for children with hearing impairments.


Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 16, eff. September 1, 2007.


Sec. 264.114. IMMUNITY FROM LIABILITY; ADVERSE DEPARTMENTAL ACTION PROHIBITED. (a) A faith-based organization, including the organization's employees and volunteers, that participates in a program under this chapter is subject to civil liability as provided by Chapter 84, Civil Practice and Remedies Code.


(b) A faith-based organization that provides financial or other assistance to a foster parent or to a member of the foster parent's household is not liable for damages arising out of the conduct of the foster parent or a member of the foster parent's household.


(c) A foster parent, other substitute caregiver, family relative or other designated caregiver, or licensed child placing agency caring for a child in the managing conservatorship of the department is not liable for harm caused to the child resulting from the child's participation in an age-appropriate normalcy activity approved by the caregiver if, in approving the child's participation in the activity, the caregiver exercised the standard of care of a reasonable and prudent parent.


(d) A licensed child placing agency is not subject to adverse action by the department, including contractual action or licensing or other regulatory action, arising out of the conduct of a foster parent who has exercised the standard of care of a reasonable and prudent parent.


Added by Acts 2003, 78th Leg., ch. 957, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 5, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 6, eff. September 1, 2015.


Sec. 264.115. RETURNING CHILD TO SCHOOL. (a) If the department takes possession of a child under Chapter 262 during the school year, the department shall ensure that the child returns to school not later than the third school day after the date an order is rendered providing for possession of the child by the department, unless the child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible.


(b) If a child has a physical or mental condition of a temporary and remediable nature that makes the child's attendance in school infeasible, the department shall notify the school in writing that the child is unable to attend school. If the child's physical or mental condition improves so that the child's attendance in school is feasible, the department shall ensure that the child immediately returns to school.


Added by Acts 2003, 78th Leg., ch. 234, Sec. 1, eff. Sept. 1, 2003.


Renumbered from Family Code, Section 264.113 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(25), eff. September 1, 2005.


Sec. 264.116. TEXAS FOSTER GRANDPARENT MENTORS. (a) The department shall make the active recruitment and inclusion of senior citizens a priority in ongoing mentoring initiatives.


(b) An individual who volunteers as a mentor is subject to state and national criminal background checks in accordance with Sections 411.087 and 411.114, Government Code.


(c) The department shall require foster parents or employees of residential child-care facilities to provide appropriate supervision over individuals who serve as mentors during their participation in the mentoring initiative.


(d) Chapter 2109, Government Code, applies to the mentoring initiative described by this section.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005.


For expiration of this section, see Subsection (c).



Sec. 264.117. MENTORS FOR FOSTER CHILDREN. (a) The department and each single source continuum contractor in this state, in collaboration with local governmental entities and faith- and community-based organizations, shall examine the feasibility of designing a volunteer mentor program for children in congregate care settings.


(b) Not later than December 31, 2022, the department shall report its findings and recommendations for establishing a mentor program to the legislature.


(c) This section expires September 1, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 4, eff. June 14, 2021.


Sec. 264.118. ANNUAL SURVEY.


(a) The department shall collect and report service and outcome information for certain current and former foster care youth for use in the National Youth in Transition Database as required by 42 U.S.C. Section 677(f) and 45 C.F.R. Section 1356.80 et seq.


(b) The identity of each child participating in a department survey is confidential and not subject to public disclosure under Chapter 552, Government Code. The department shall adopt procedures to ensure that the identity of each child participating in a department survey remains confidential.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.50(a), eff. September 1, 2005.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 7, eff. September 1, 2011.


Sec. 264.120. DISCHARGE NOTICE. (a) Except as provided by Subsection (b), a substitute care provider with whom the department contracts to provide substitute care services for a child shall include in a discharge notice the following information:


(1) the reason for the child's discharge; and


(2) the provider's recommendation regarding a future placement for the child that would increase the child's opportunity to attain a stable placement.


(b) In an emergency situation in which the department is required under the terms of the contract with the substitute care provider to remove a child within 24 hours after receiving the discharge notice, the provider must provide the information required by Subsection (a) to the department not later than 48 hours after the provider sends the discharge notice.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1324 (S.B. 534), Sec. 4, eff. September 1, 2013.


Sec. 264.121. TRANSITIONAL LIVING SERVICES PROGRAM. (a) The department shall address the unique challenges facing foster children in the conservatorship of the department who must transition to independent living by:


(1) expanding efforts to improve transition planning and increasing the availability of transitional family group decision-making to all youth age 14 or older in the department's permanent managing conservatorship, including enrolling the youth in the Preparation for Adult Living Program before the age of 16;


(2) coordinating with the commission to obtain authority, to the extent allowed by federal law, the state Medicaid plan, the Title IV-E state plan, and any waiver or amendment to either plan, necessary to:


(A) extend foster care eligibility and transition services for youth up to age 21 and develop policy to permit eligible youth to return to foster care as necessary to achieve the goals of the Transitional Living Services Program; and


(B) extend Medicaid coverage for foster care youth and former foster care youth up to age 21 with a single application at the time the youth leaves foster care;


(3) entering into cooperative agreements with the Texas Workforce Commission and local workforce development boards to further the objectives of the Preparation for Adult Living Program. The department, the Texas Workforce Commission, and the local workforce development boards shall ensure that services are prioritized and targeted to meet the needs of foster care and former foster care children and that such services will include, where feasible, referrals for short-term stays for youth needing housing;


(4) addressing barriers to participation in the Preparation for Adult Living Program for a youth who has a disability by making appropriate accommodations that allow the youth to meaningfully participate in the program; and


(5) documenting in the youth's case file any accommodations made under Subdivision (4).


(a-1) The department shall require a foster care provider to provide or assist youth who are age 14 or older in obtaining experiential life-skills training to improve their transition to independent living. Experiential life-skills training must be tailored to a youth's skills and abilities and must include training in practical activities that include grocery shopping, meal preparation and cooking, performing basic household tasks, and, when appropriate, using public transportation.


(a-2) The experiential life-skills training under Subsection (a-1) must include:


(1) a financial literacy education program developed in collaboration with the Office of Consumer Credit Commissioner and the State Securities Board that:


(A) includes instruction on:


(i) obtaining and interpreting a credit score;


(ii) protecting, repairing, and improving a credit score;


(iii) avoiding predatory lending practices;


(iv) saving money and accomplishing financial goals through prudent financial management practices;


(v) using basic banking and accounting skills, including balancing a checkbook;


(vi) using debit and credit cards responsibly;


(vii) understanding a paycheck and items withheld from a paycheck;


(viii) understanding the time requirements and process for filing federal taxes;


(ix) protecting financial, credit, and personally identifying information in personal and professional relationships and online;


(x) forms of identity and credit theft; and


(xi) using insurance to protect against the risk of financial loss; and


(B) assists a youth who has a source of income to:


(i) establish a savings plan and, if available, a savings account that the youth can independently manage; and


(ii) prepare a monthly budget that includes the following expenses:


(a) rent based on the monthly rent for an apartment advertised for lease during the preceding month;


(b) utilities based on a reasonable utility bill in the area in which the youth resides;


(c) telephone service based on a reasonable bill for telephone service in the area in which the youth resides;


(d) Internet service based on a reasonable bill for Internet service in the area in which the youth resides; and


(e) other reasonable monthly expenses; and


(2) for youth who are 17 years of age or older, lessons related to:


(A) insurance, including applying for and obtaining automobile insurance and residential property insurance, including tenants insurance;


(B) civic engagement, including the process for registering to vote, the places to vote, and resources for information regarding upcoming elections; and


(C) the documents the youth is required to receive under Subsection (e-1) prior to being discharged from foster care and how those documents may be used.


(a-3) The department shall conduct an independent living skills assessment for all youth in the department's conservatorship who are 16 years of age or older.


(a-4) The department shall conduct an independent living skills assessment for all youth in the department's permanent managing conservatorship who are at least 14 years of age but younger than 16 years of age.


(a-5) The department shall annually update the assessment for each youth assessed under Subsections (a-3) and (a-4) to determine the independent living skills the youth learned during the preceding year to ensure that the department's obligation to prepare the youth for independent living has been met. The department shall conduct the annual update through the youth's plan of service in coordination with the youth, the youth's caseworker, the staff of the Preparation for Adult Living Program, and the youth's caregiver.


(a-6) The department, in coordination with the Texas Higher Education Coordinating Board, shall establish a work group to develop a plan to ensure that foster youth who complete the standardized curriculum for the Preparation for Adult Living Program are eligible to receive college credit for completing the program. The work group must include representatives from urban and rural institutions of higher education, as defined by Section 61.003, Education Code. In developing its evidence-based recommendations, the work group shall consider the feasibility of implementing each recommendation, a foster youth's access to the Preparation for Adult Living Program, and the average length of time a foster youth will remain in a placement. The department shall report the plan to the legislature not later than November 1, 2022. This subsection expires September 1, 2023.


(a-7) The department shall ensure that before a youth leaves foster care, each youth who is 14 years of age or older has an e-mail address through which the youth may receive encrypted copies of personal documents and records.


(b) In this section:


(1) "Local workforce development board" means a local workforce development board created under Chapter 2308, Government Code.


(2) "Preparation for Adult Living Program" means a program administered by the department as a component of the Transitional Living Services Program and includes independent living skills assessment, short-term financial assistance, basic self-help skills, and life-skills development and training regarding money management, health and wellness, job skills, planning for the future, housing and transportation, and interpersonal skills.


(3) "Transitional Living Services Program" means a program, administered by the department in accordance with department rules and state and federal law, for youth who are age 14 or older but not more than 21 years of age and are currently or were formerly in foster care, that assists youth in transitioning from foster care to independent living. The program provides transitional living services, Preparation for Adult Living Program services, and Education and Training Voucher Program services.


(c) At the time a child enters the Preparation for Adult Living Program, the department shall provide an information booklet to the child and the foster parent describing the program and the benefits available to the child, including extended Medicaid coverage until age 21, priority status with the Texas Workforce Commission, and the exemption from the payment of tuition and fees at institutions of higher education as defined by Section 61.003, Education Code. The information booklet provided to the child and the foster parent shall be provided in the primary language spoken by that individual.


(d) The department shall allow a youth who is at least 18 years of age to receive transitional living services, other than foster care benefits, while residing with a person who was previously designated as a perpetrator of abuse or neglect if the department determines that despite the person's prior history the person does not pose a threat to the health and safety of the youth.


(e) The department shall ensure that each youth acquires a copy and a certified copy of the youth's birth certificate, a social security card or replacement social security card, as appropriate, and a personal identification certificate under Chapter 521, Transportation Code, on or before the date on which the youth turns 16 years of age. The department shall designate one or more employees in the Preparation for Adult Living Program as the contact person to assist a youth who has not been able to obtain the documents described by this subsection in a timely manner from the youth's primary caseworker. The department shall ensure that:


(1) all youth who are age 16 or older are provided with the contact information for the designated employees; and


(2) a youth who misplaces a document provided under this subsection receives assistance in obtaining a replacement document or information on how to obtain a duplicate copy, as appropriate.


(e-1) If, at the time a youth is discharged from foster care, the youth is at least 18 years of age or has had the disabilities of minority removed, the department shall provide to the youth, not later than the 30th day before the date the youth is discharged from foster care, the following information and documents unless the youth already has the information or document:


(1) the youth's birth certificate;


(2) the youth's immunization records;


(3) the information contained in the youth's health passport;


(4) a personal identification certificate under Chapter 521, Transportation Code;


(5) a social security card or a replacement social security card, if appropriate; and


(6) a Medicaid card or other proof of the youth's enrollment in Medicaid or an insurance card from a health plan that provides health coverage to foster youth.


(e-2) When providing a youth with a document required by Subsection (e-1), the department shall provide the youth with a copy and a certified copy of the document or with the original document, as applicable.


(e-3) When obtaining a copy of a birth certificate to provide to a foster youth or assisting a foster youth in obtaining a copy of a birth certificate, the department shall obtain the birth certificate from the state registrar. If the department is unable to obtain the birth certificate from the state registrar, the department may obtain the birth certificate from a local registrar or county clerk.


(e-4) The youth's caseworker shall:


(1) assist the youth with developing a plan for keeping the documents described by Subsection (e) in a safe place; and


(2) inform the youth about the documents the youth is required to receive before the date the youth is discharged from foster care.


(f) The department shall require a person with whom the department contracts for transitional living services for foster youth to provide or assist youth in obtaining:


(1) housing services;


(2) job training and employment services;


(3) college preparation services;


(4) services that will assist youth in obtaining a general education development certificate;


(5) services that will assist youth in developing skills in food preparation;


(6) nutrition education that promotes healthy food choices;


(7) a savings or checking account if the youth is at least 18 years of age and has a source of income;


(8) mental health services;


(9) financial literacy education and civic engagement lessons required under Subsection (a-2); and


(10) any other appropriate transitional living service identified by the department.


(g) For a youth taking prescription medication, the department shall ensure that the youth's transition plan includes provisions to assist the youth in managing the use of the medication and in managing the child's long-term physical and mental health needs after leaving foster care, including:


(1) provisions that inform the youth about:


(A) the use of the medication;


(B) the resources that are available to assist the youth in managing the use of the medication; and


(C) informed consent and the provision of medical care in accordance with Section 266.010(l); and


(2) for each youth who is 17 years of age or older and preparing to leave foster care, a program supervised by a health care professional to assist the youth with independently managing the youth's medication.


(h) An entity with which the department contracts for transitional living services for foster youth shall, when appropriate, partner with a community-based organization to assist the entity in providing the transitional living services.


(i) The department shall ensure that the transition plan for each youth 16 years of age or older includes provisions to assist the youth in managing the youth's housing needs after the youth leaves foster care, including provisions that:


(1) identify the cost of housing in relation to the youth's sources of income, including any benefits or rental assistance available to the youth;


(2) if the youth's housing goals include residing with family or friends, state that the department has addressed the following with the youth:


(A) the length of time the youth expects to stay in the housing arrangement;


(B) expectations for the youth regarding paying rent and meeting other household obligations;


(C) the youth's psychological and emotional needs, as applicable; and


(D) any potential conflicts with other household members, or any difficulties connected to the type of housing the youth is seeking, that may arise based on the youth's psychological and emotional needs;


(3) inform the youth about emergency shelters and housing resources, including supervised independent living and housing at colleges and universities, such as dormitories;


(4) require the department to review a common rental application with the youth and ensure that the youth possesses all of the documentation required to obtain rental housing; and


(5) identify any individuals who are able to serve as cosigners or references on the youth's applications for housing.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.51, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 17, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 407 (H.B. 1912), Sec. 1, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 407 (H.B. 1912), Sec. 2, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 168 (S.B. 1589), Sec. 1, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 6, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 342 (H.B. 2111), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.194, eff. April 2, 2015.


Acts 2015, 84th Leg., R.S., Ch. 81 (S.B. 1117), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 55, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 56, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 7.004, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 7.005, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(18), eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 6, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 707 (H.B. 53), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1024 (H.B. 123), Sec. 1, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 793 (H.B. 700), Sec. 1, eff. September 1, 2021.


Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM. (a) The department shall collaborate with local workforce development boards, foster care transition centers, community and technical colleges, schools, and any other appropriate workforce industry resources to create a program that:


(1) assists foster care youth and former foster care youth in obtaining:


(A) a high school diploma or a high school equivalency certificate; and


(B) industry certifications that are necessary for occupations that are in high demand;


(2) provides career guidance to foster care youth and former foster care youth; and


(3) informs foster care youth and former foster care youth about the tuition and fee waivers for institutions of higher education that are available under Section 54.366, Education Code.


Added by Acts 2017, 85th Leg., R.S., Ch. 419 (S.B. 1220), Sec. 3, eff. June 1, 2017.


Sec. 264.1212. FACILITATION OF TRANSITION TO INSTITUTION OF HIGHER EDUCATION. (a) In this section, "community resource coordination group" means a coordination group established under a memorandum of understanding under Section 531.055, Government Code.


(b) A department employee who is a member of a community resource coordination group shall inform the group about the tuition and fee waivers for institutions of higher education that are available to eligible children in foster care under Section 54.366, Education Code.


(c) Each school district, in coordination with the department, shall facilitate the transition of each child enrolled in the district who is eligible for a tuition and fee waiver under Section 54.366, Education Code, and who is likely to be in the conservatorship of the department on the day preceding the child's 18th birthday to an institution of higher education by:


(1) assisting the child with the completion of any applications for admission or for financial aid;


(2) arranging and accompanying the child on campus visits;


(3) assisting the child in researching and applying for private or institution-sponsored scholarships;


(4) identifying whether the child is a candidate for appointment to a military academy;


(5) assisting the child in registering and preparing for college entrance examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by the department; and


(6) coordinating contact between the child and a liaison officer designated under Section 61.0908, Education Code, for students who were formerly in the department's conservatorship.


Added by Acts 2017, 85th Leg., R.S., Ch. 333 (H.B. 928), Sec. 1, eff. June 1, 2017.


Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(16), eff. September 1, 2019.


Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT OF FOSTER CARE. The department in cooperation with volunteer advocates from a charitable organization described by Subchapter C, Chapter 107, and the Department of Public Safety shall develop procedures to ensure that a foster child obtains a driver's license or personal identification card before the child leaves the conservatorship of the department.


Added by Acts 2017, 85th Leg., R.S., Ch. 1076 (H.B. 3338), Sec. 1, eff. June 15, 2017.


Redesignated from Family Code, Section 264.1211 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(17), eff. September 1, 2019.


Sec. 264.1214. HOUSING FOR HOMELESS YOUTH AGING OUT OF FOSTER CARE. (a) For a youth who will voluntarily enter extended foster care on the youth's 18th birthday, the youth's caseworker shall, not later than six months before the youth's 18th birthday, complete any necessary transitional living or supervised independent living paperwork to ensure the youth has housing on the date the youth enters extended foster care. Not later than the 90th day before the youth's 18th birthday, the caseworker shall review the qualifications and requirements for the youth's housing.


(b) If a youth intends to continue living with the youth's substitute care provider after the youth's 18th birthday, the department shall waive any background check otherwise required for the youth to remain living with the substitute care provider.


(c) For a youth who continues living with the youth's substitute care provider after the youth's 18th birthday, the youth may share a bedroom with another youth who is 16 years of age or older provided the age difference between the youths does not exceed two years.


(d) A substitute care provider who prohibits a youth from living in the facility after the youth's 18th birthday shall notify the youth's caseworker of that fact:


(1) not later than:


(A) the 90th day before the youth's 18th birthday if the facility is a foster home; or


(B) six months before the youth's 18th birthday if the facility is a cottage family home or general residential operation; or


(2) as soon as possible if the youth is placed in a foster home, cottage family home, or general residential operation less than six months before the youth's 18th birthday.


(e) After receiving notice under Subsection (d), the youth's caseworker shall verbally communicate with the youth about the youth's living arrangements and document the substance of the communication in the youth's case file.


(f) The department shall assist a youth living in a supervised independent living program arrangement to develop a rental history by allowing the youth to cosign the lease for the youth's housing provided the property owner does not object.


(g) The department by rule shall establish a protocol that may be implemented for a youth to prevent the youth from aging out of a residential treatment center. The protocol, if implemented, must be implemented not later than the youth's 17th birthday or at the time the youth is placed in a residential treatment center after the youth's 17th birthday.


Added by Acts 2021, 87th Leg., R.S., Ch. 793 (H.B. 700), Sec. 2, eff. September 1, 2021.


Sec. 264.122. COURT APPROVAL REQUIRED FOR TRAVEL OUTSIDE UNITED STATES BY CHILD IN FOSTER CARE. (a) A child for whom the department has been appointed managing conservator and who has been placed in foster care may travel outside of the United States only if the person with whom the child has been placed has petitioned the court for, and the court has rendered an order granting, approval for the child to travel outside of the United States.


(b) The court shall provide notice to the department and to any other person entitled to notice in the suit if the court renders an order granting approval for the child to travel outside of the United States under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 18, eff. September 1, 2007.


Sec. 264.123. REPORTS CONCERNING CHILDREN WHO ARE MISSING OR VICTIMS OF SEX TRAFFICKING. (a) If a child in the department's managing conservatorship is missing from the child's substitute care provider, including a child who is abducted or is a runaway, the department shall notify the following persons that the child is missing:


(1) the appropriate law enforcement agencies;


(2) the court with jurisdiction over the department's managing conservatorship of the child;


(3) the child's attorney ad litem;


(4) the child's guardian ad litem; and


(5) the child's parent unless the parent:


(A) cannot be located or contacted;


(B) has had the parent's parental rights terminated; or


(C) has executed an affidavit of relinquishment of parental rights.


(b) The department shall provide the notice required by Subsection (a) not later than 24 hours after the time the department learns that the child is missing or as soon as possible if a person entitled to notice under that subsection cannot be notified within 24 hours.


(c) If a child has been reported as a missing child under Subsection (a), the department shall notify the persons described by Subsection (a) when the child returns to the child's substitute care provider not later than 24 hours after the time the department learns that the child has returned or as soon as possible if a person entitled to notice cannot be notified within 24 hours.


(d) The department shall make continuing efforts to determine the location of a missing child until the child returns to substitute care, including:


(1) contacting on a monthly basis:


(A) the appropriate law enforcement agencies;


(B) the child's relatives;


(C) the child's former caregivers; and


(D) any state or local social service agency that may be providing services to the child; and


(2) conducting a supervisory-level review of the case on a quarterly basis if the child is 15 years of age or younger to determine whether sufficient efforts have been made to locate the child and whether other action is needed.


(e) The department shall document in the missing child's case record:


(1) the actions taken by the department to:


(A) determine the location of the child; and


(B) persuade the child to return to substitute care;


(2) any discussion during, and determination resulting from, the supervisory-level review under Subsection (d)(2);


(3) any discussion with law enforcement officials following the return of the child regarding the child's absence; and


(4) any discussion with the child described by Subsection (f).


(f) After a missing child returns to the child's substitute care provider, the department shall interview the child to determine the reasons why the child was missing, where the child stayed during the time the child was missing, and whether, while missing, the child was a victim of conduct that constitutes an offense under Section 20A.02(a)(7), Penal Code. The department shall report to an appropriate law enforcement agency any disclosure made by a child that indicates that the child was the victim of a crime during the time the child was missing. The department shall make a report under this subsection not later than 24 hours after the time the disclosure is made. The department is not required to interview a missing child under this subsection if, at the time the child returns, the department knows that the child was abducted and another agency is investigating the abduction.


(g) The department shall collect information on each child in the department's managing conservatorship who is missing from the child's substitute care provider and on each child who, while in the department's managing conservatorship, is a victim of conduct that constitutes an offense under Section 20A.02(a)(7), Penal Code. The collected information must include information on:


(1) whether the managing conservatorship of the department is temporary or permanent;


(2) the type of substitute care in which the child is placed; and


(3) the child's sex, age, race, and ethnicity and the department region in which the child resides.


(h) The department shall prepare an annual report on the information collected under Subsection (g) and make the report available on the department's Internet website. The report may not include any individually identifiable information regarding a child who is the subject of information in the report.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1130 (H.B. 943), Sec. 1, eff. September 1, 2011.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 713 (H.B. 1217), Sec. 2, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 713 (H.B. 1217), Sec. 3, eff. September 1, 2015.


Sec. 264.124. DAY CARE FOR FOSTER CHILD. (a) In this section, "day care" means the assessment, care, training, education, custody, treatment, or supervision of a foster child by a person other than the child's foster parent for less than 24 hours a day, but at least two hours a day, three or more days a week.


(b) The department, in accordance with department rules, shall implement a process to verify that each foster parent who is seeking monetary assistance from the department for day care for a foster child has attempted to find appropriate day-care services for the foster child through community services, including Head Start programs, prekindergarten classes, and early education programs offered in public schools. The department shall specify the documentation the foster parent must provide to the department to demonstrate compliance with the requirements established under this subsection.


(c) Except as provided by Subsection (d), the department may not provide monetary assistance to a foster parent for day care for a foster child unless the department receives the verification required under Subsection (b).


(d) The department may provide monetary assistance to a foster parent for a foster child without the verification required under Subsection (b) if the department determines the verification would prevent an emergency placement that is in the child's best interest.


Added by Acts 2013, 83rd Leg., R.S., Ch. 423 (S.B. 430), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.195, eff. April 2, 2015.


Sec. 264.125. AGE-APPROPRIATE NORMALCY ACTIVITIES; STANDARD OF CARE. (a) The department shall use its best efforts to normalize the lives of children in the managing conservatorship of the department by allowing substitute caregivers, without the department's prior approval, to make decisions similar to those a parent would be entitled to make regarding a child's participation in age-appropriate normalcy activities.


(b) In determining whether to allow a child in the managing conservatorship of the department to participate in an activity, a substitute caregiver must exercise the standard of care of a reasonable and prudent parent.


(c) The department shall adopt and implement policies consistent with this section promoting a substitute caregiver's ability to make decisions described by Subsection (a). The department shall identify and review any departmental policy or procedure that may impede a substitute caregiver's ability to make such decisions.


(d) The department shall require licensed child placing agency personnel, residential child care licensing staff, conservatorship caseworkers, and other persons as may be determined by the department to complete a course of training regarding:


(1) the importance of a child's participation in age-appropriate normalcy activities and the benefits of such activities to a child's well-being, mental health, and social, emotional, and developmental growth; and


(2) substitute caregiver decision-making under the standard of care of a reasonable and prudent parent.


Added by Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 7, eff. September 1, 2015.


For expiration of this section, see Subsection (h).



Sec. 264.1251. SUMMER INTERNSHIP PILOT PROGRAM. (a) The department shall establish a summer internship pilot program that provides foster youth with the opportunity to develop marketable job skills and obtain professional work experience through a summer internship with a participating business, nonprofit organization, or governmental entity.


(b) The department may collaborate with other state agencies, as appropriate, to establish the pilot program. The pilot program may be implemented in more than one department region.


(c) The department may enter into an agreement with one or more entities described by Subsection (a) to allow the entity to award internships to youth who participate in the pilot program. Internships provided under the pilot program may be paid or unpaid.


(d) Not later than April 1 of each year, the department shall select foster youth or former foster youth who are 15 years of age or older to participate in the pilot program. Each youth participating in the pilot program shall enter into an agreement with the organization awarding the internship and the department relating to the terms of the youth's internship.


(e) The department shall complete an evaluation of the pilot program not later than the second anniversary of the date the program begins.


(f) The department shall submit a report on the evaluation of the pilot program to the governor, the lieutenant governor, and the speaker of the house of representatives. The report must include:


(1) the number of youth who participated in the pilot program;


(2) the location and type of internships provided under the pilot program; and


(3) details of the department's efforts to recruit eligible youth to participate in the pilot program.


(g) The executive commissioner may adopt rules necessary to implement this section.


(h) This section expires September 1, 2021.


Added by Acts 2017, 85th Leg., R.S., Ch. 1029 (H.B. 1608), Sec. 1, eff. June 15, 2017.


Sec. 264.1261. FOSTER CARE CAPACITY NEEDS PLAN. (a) In this section, "community-based care" has the meaning assigned by Section 264.152.


(b) Appropriate department management personnel from a child protective services region in which community-based care has not been implemented, in collaboration with foster care providers, faith-based entities, and child advocates in that region, shall use data collected by the department on foster care capacity needs and availability of each type of foster care and kinship placement in the region to create a plan to address the substitute care capacity needs in the region. The plan must identify both short-term and long-term goals and strategies for addressing those capacity needs.


(b-1) Notwithstanding Section 264.0011, the Health and Human Services Commission, in collaboration with the department and each single source continuum contractor in this state, shall develop a plan to increase the placement capacity in each catchment area of the state with the goal of eliminating the need to place a child outside of the child's community. In developing the plan, the commission shall:


(1) evaluate whether contracting for additional capacity at residential treatment centers, facilities that provide mental inpatient or outpatient beds for crisis intervention and stabilization purposes only for children with severe behavioral health or mental health needs, and other potential temporary placement options provides the best methods for meeting capacity shortages; and


(2) make a recommendation to the department regarding contracting for additional capacity.


(b-2) A plan developed under Subsection (b-1) that includes the use of an inpatient or outpatient mental health facility must require the facility to discharge a child placed in the facility not later than 72 hours after the treating health care provider determines it is not medically necessary for the child to remain in the facility.


(b-3) The plan developed under Subsection (b-1) must include information and contingency plans to ensure adequate capacity in other facilities to meet placement needs when a facility is placed on probation.


(b-4) The department and each single source continuum contractor shall contract with facilities for reserve beds to ensure the department may place each child in a facility if capacity is otherwise unavailable.


(c) A foster care capacity needs plan developed under Subsection (b) must be:


(1) submitted to and approved by the commissioner; and


(2) updated annually.


(d) The department shall publish each initial foster care capacity needs plan and each annual update to a plan on the department's Internet website.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 17(a), eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 4, eff. September 1, 2017.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. June 14, 2021.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(a), eff. June 14, 2021.


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 5(b), eff. June 14, 2021.


Sec. 264.128. SINGLE CHILD PLAN OF SERVICE INITIATIVE. (a) In this section, "community-based care" has the meaning assigned by Section 264.152.


(b) In regions of the state where community-based care has not been implemented, the department shall:


(1) collaborate with child-placing agencies to implement the single child plan of service model developed under the single child plan of service initiative; and


(2) ensure that a single child plan of service is developed for each child in foster care in those regions.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 17(a), eff. September 1, 2017.


Sec. 264.130. PREGNANCY AND PARENTING INFORMATION. The department at developmentally appropriate stages shall ensure that children in the managing conservatorship of the department who are pregnant or who are minor parents receive information on and support in providing safe environments for children, including information and support regarding:


(1) safe sleeping arrangements;


(2) suggestions for childproofing potentially dangerous settings in a home;


(3) child development and methods to cope with challenging behaviors;


(4) selection of appropriate substitute caregivers;


(5) a child's early brain development, including the importance of meeting an infant's developmental needs by providing positive experiences and avoiding adverse experiences;


(6) the importance of paternal involvement in a child's life and methods for coparenting;


(7) the benefits of reading, singing, and talking to young children;


(8) the importance of prenatal and postpartum care for both the mother and infant, including the impact of and signs for perinatal mood disorders;


(9) infant nutrition and the importance of breastfeeding; and


(10) healthy relationships, including the prevention of intimate partner violence.


Added by Acts 2019, 86th Leg., R.S., Ch. 1033 (H.B. 475), Sec. 1, eff. September 1, 2019.


SUBCHAPTER B-1. COMMUNITY-BASED CARE



Sec. 264.151. LEGISLATIVE INTENT. (a) It is the intent of the legislature that the department contract with community-based nonprofit and local governmental entities that have the ability to provide child welfare services. The services provided by the entities must include direct case management to ensure child safety, permanency, and well-being, in accordance with state and federal child welfare goals.


(b) It is the intent of the legislature that the provision of community-based care for children be implemented with measurable goals relating to:


(1) the safety of children in placements;


(2) the placement of children in each child's home community;


(3) the provision of services to children in the least restrictive environment possible and, if possible, in a family home environment;


(4) minimal placement changes for children;


(5) the maintenance of contact between children and their families and other important persons;


(6) the placement of children with siblings;


(7) the provision of services that respect each child's culture;


(8) the preparation of children and youth in foster care for adulthood;


(9) the provision of opportunities, experiences, and activities for children and youth in foster care that are available to children and youth who are not in foster care;


(10) the participation by children and youth in making decisions relating to their own lives;


(11) the reunification of children with the biological parents of the children when possible; and


(12) the promotion of the placement of children with relative or kinship caregivers if reunification is not possible.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.152. DEFINITIONS. Except as otherwise provided, in this subchapter:


(1) "Alternative caregiver" means a person who is not the foster parent of the child and who provides temporary care for the child for more than 12 hours but less than 60 days.


(2) "Case management" means the provision of case management services to a child for whom the department has been appointed temporary or permanent managing conservator or to the child's family, a young adult in extended foster care, a relative or kinship caregiver, or a child who has been placed in the catchment area through the Interstate Compact on the Placement of Children, and includes:


(A) caseworker visits with the child;


(B) family and caregiver visits;


(C) convening and conducting permanency planning meetings;


(D) the development and revision of child and family plans of service, including a permanency plan and goals for a child or young adult in care;


(E) the coordination and monitoring of services required by the child and the child's family;


(F) the assumption of court-related duties regarding the child, including:


(i) providing any required notifications or consultations;


(ii) preparing court reports;


(iii) attending judicial and permanency hearings, trials, and mediations;


(iv) complying with applicable court orders; and


(v) ensuring the child is progressing toward the goal of permanency within state and federally mandated guidelines; and


(G) any other function or service that the department determines necessary to allow a single source continuum contractor to assume responsibility for case management.


(3) "Catchment area" means a geographic service area for providing child protective services that is identified as part of community-based care.


(4) "Community-based care" means the provision of child welfare services in accordance with state and federal child welfare goals by a community-based nonprofit or a local governmental entity under a contract that includes direct case management to:


(A) prevent entry into foster care;


(B) reunify and preserve families;


(C) ensure child safety, permanency, and well-being; and


(D) reduce future referrals of children or parents to the department.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 6, eff. June 14, 2021.


Sec. 264.153. COMMUNITY-BASED CARE IMPLEMENTATION PLAN. (a) The department shall develop and maintain a plan for implementing community-based care. The plan must:


(1) describe the department's expectations, goals, and approach to implementing community-based care;


(2) include a timeline for implementing community-based care throughout this state, any limitations related to the implementation, and a progressive intervention plan and a contingency plan to provide continuity of the delivery of foster care services and services for relative and kinship caregivers if a contract with a single source continuum contractor ends prematurely;


(3) delineate and define the case management roles and responsibilities of the department and the department's contractors and the duties, employees, and related funding that will be transferred to the contractor by the department;


(4) identify any training needs and include long-range and continuous plans for training and cross-training staff, including plans to train caseworkers using the standardized curriculum created by the human trafficking prevention task force under Section 402.035(d)(6), Government Code, as that section existed on August 31, 2017;


(5) include a plan for evaluating the costs and tasks associated with each contract procurement, including the initial and ongoing contract costs for the department and contractor;


(6) include the department's contract monitoring approach and a plan for evaluating the performance of each contractor and the community-based care system as a whole that includes an independent evaluation of each contractor's processes and fiscal and qualitative outcomes; and


(7) include a report on transition issues resulting from implementation of community-based care.


(b) The department shall annually:


(1) update the implementation plan developed under this section and post the updated plan on the department's Internet website; and


(2) post on the department's Internet website the progress the department has made toward its goals for implementing community-based care.


Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 57, eff. September 1, 2015.


Transferred, redesignated and amended from Family Code, Section 264.126 by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(b), eff. September 1, 2017.


Sec. 264.154. QUALIFICATIONS OF SINGLE SOURCE CONTINUUM CONTRACTOR; SELECTION. (a) To enter into a contract with the commission or department to serve as a single source continuum contractor to provide services under this subchapter, an entity must be:


(1) a nonprofit entity that has:


(A) an organizational mission focused on child welfare; and


(B) a majority of the entity's board members residing in this state; or


(2) a governmental entity.


(b) In selecting a single source continuum contractor, the department shall consider whether a prospective contractor for a catchment area has demonstrated experience in providing services to children and families in the catchment area.


(c) The department shall request local stakeholders in a catchment area, including those listed in Section 264.155(a)(8), to provide any necessary information about the catchment area that will assist the department in:


(1) preparing the department's request for bids, proposals, or other applicable expressions of interest to provide community-based care in the catchment area; and


(2) selecting a single source continuum contractor to provide community-based care in the catchment area.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 7, eff. June 14, 2021.


Sec. 264.155. REQUIRED CONTRACT PROVISIONS. (a) A contract with a single source continuum contractor to provide community-based care services in a catchment area must include provisions that:


(1) establish a timeline for the implementation of community-based care in the catchment area, including a timeline for implementing:


(A) case management services for children, families, and relative and kinship caregivers receiving services in the catchment area; and


(B) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family;


(2) establish conditions for the single source continuum contractor's access to relevant department data and require the participation of the contractor in the data access and standards governance council created under Section 264.159;


(3) require the single source continuum contractor to create a single process for the training and use of alternative caregivers for all child-placing agencies in the catchment area to facilitate reciprocity of licenses for alternative caregivers between agencies, including respite and overnight care providers, as those terms are defined by department rule;


(4) require the single source continuum contractor to maintain a diverse network of service providers that offer a range of foster capacity options and that can accommodate children from diverse cultural backgrounds;


(5) allow the department to conduct a performance review of the contractor beginning 18 months after the contractor has begun providing case management and family reunification support services to all children and families in the catchment area and determine if the contractor has achieved any performance outcomes specified in the contract;


(6) following the review under Subdivision (5), allow the department to:


(A) impose financial penalties on the contractor for failing to meet any specified performance outcomes; or


(B) award financial incentives to the contractor for exceeding any specified performance outcomes;


(7) require the contractor to give preference for employment to employees of the department:


(A) whose position at the department is impacted by the implementation of community-based care; and


(B) who are considered by the department to be employees in good standing;


(8) require the contractor to provide preliminary and ongoing community engagement plans to ensure communication and collaboration with local stakeholders in the catchment area, including any of the following:


(A) community faith-based entities;


(B) the judiciary;


(C) court-appointed special advocates;


(D) child advocacy centers;


(E) service providers;


(F) foster families;


(G) biological parents;


(H) foster youth and former foster youth;


(I) relative or kinship caregivers;


(J) child welfare boards, if applicable;


(K) attorneys ad litem;


(L) attorneys that represent parents involved in suits filed by the department; and


(M) any other stakeholders, as determined by the contractor; and


(9) require that the contractor comply with any applicable court order issued by a court of competent jurisdiction in the case of a child for whom the contractor has assumed case management responsibilities or an order imposing a requirement on the department that relates to functions assumed by the contractor.


(b) A contract with a single source continuum contractor under this subchapter must be consistent with the requirements of applicable law and may only include terms authorized by the laws or rules of this state.


(c) In regions identified for implementing community-based care and in regions where community-based care has been implemented, a contractor may apply to the department for a waiver from any statutory and regulatory requirement to increase innovation and flexibility for achieving contractual performance outcomes.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 8, eff. June 14, 2021.


Sec. 264.156. READINESS REVIEW PROCESS FOR COMMUNITY-BASED CARE CONTRACTOR. (a) The department shall develop a formal review process to assess the ability of a single source continuum contractor to satisfy the responsibilities and administrative requirements of delivering foster care services and services for relative and kinship caregivers, including the contractor's ability to provide:


(1) case management services for children and families;


(2) evidence-based, promising practice, or evidence-informed supports for children and families; and


(3) sufficient available capacity for inpatient and outpatient services and supports for children at all service levels who have previously been placed in the catchment area.


(b) As part of the readiness review process, the single source continuum contractor must prepare a plan detailing the methods by which the contractor will avoid or eliminate conflicts of interest. The department may not transfer services to the contractor until the department has determined the plan is adequate.


(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021.


(d) If after conducting the review process developed under Subsection (a) the department determines that a single source continuum contractor is able to adequately deliver foster care services and services for relative and kinship caregivers in advance of the projected dates stated in the timeline included in the contract with the contractor, the department may adjust the timeline to allow for an earlier transition of service delivery to the contractor.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 26(1), eff. June 14, 2021.


Sec. 264.157. EXPANSION OF COMMUNITY-BASED CARE. (a) Not later than the last day of the state fiscal biennium, the department shall:


(1) identify the catchment areas in the state where the department will implement community-based care; and


(2) following the implementation of community-based care services in those catchment areas, retain an entity based in this state that is independent of the department to conduct an evaluation of the implementation process and the single source continuum contractor performance in each catchment area.


(b) Notwithstanding the process for the expansion of community-based care described in Subsection (a), the department shall accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in a geographic service area where the department has not implemented community-based care. An entity that submits a proposal to provide community-based care services must ensure that it meets all criteria outlined by this subchapter and must demonstrate established connections to the area the entity proposes to serve. The Health and Human Services Commission in conjunction with the department shall adopt rules to ensure that proposals submitted under this subsection comply with state procurement laws and rules.


(c) In expanding community-based care, the department may change the geographic boundaries of catchment areas as necessary to align with specific communities or to enable satisfactory unsolicited proposals for community-based care services to be accepted and implemented.


(d) The department shall ensure the continuity of services for children and families during the transition period to community-based care in a catchment area.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 9, eff. June 14, 2021.


Sec. 264.158. TRANSFER OF CASE MANAGEMENT SERVICES TO SINGLE SOURCE CONTINUUM CONTRACTOR. (a) In each initial catchment area where community-based care has been implemented or a contract with a single source continuum contractor has been executed before September 1, 2017, the department shall transfer to the single source continuum contractor providing foster care services in that area:


(1) the case management of children, relative and kinship caregivers, and families receiving services from that contractor; and


(2) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family for the period of time ordered by the court.


(b) The commission shall include a provision in a contract with a single source continuum contractor to provide foster care services and services for relative and kinship caregivers in a catchment area to which community-based care is expanded after September 1, 2017, that requires the transfer to the contractor of the provision of:


(1) the case management services for children, relative and kinship caregivers, and families in the catchment area where the contractor will be operating; and


(2) family reunification support services to be provided after a child receiving services from the contractor is returned to the child's family.


(c) The department shall collaborate with a single source continuum contractor to establish an initial case transfer planning team to:


(1) address any necessary data transfer;


(2) establish file transfer procedures; and


(3) notify relevant persons regarding the transfer of services to the contractor.


(d) A single source continuum contractor may implement its own procedures to execute the department's statutory duties the contractor assumes and is not required to follow the department's procedures to execute the assumed department duties.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 10, eff. June 14, 2021.


Sec. 264.159. DATA ACCESS AND STANDARDS GOVERNANCE COUNCIL. (a) The department shall create a data access and standards governance council to develop protocols for the interoperable electronic transfer of data from single source continuum contractors to the department to allow the contractors to perform case management functions and additional contracted services by the department.


(b) The council shall develop protocols for the access, management, and security of case data that is electronically shared between a single source continuum contractor and the department.


(c) The council shall develop protocols for the access, management, and security of data shared with an independent entity retained to conduct the independent evaluations required under this subchapter. The protocols shall ensure the entity has full, unrestricted access to all relevant data necessary to perform an evaluation.


(d) The council consists of single source continuum contractors with active contracts and department employees who provide data, legal, information technology, and child protective services. The council shall meet at least quarterly during each calendar year.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 11, eff. June 14, 2021.


Sec. 264.160. LIABILITY INSURANCE REQUIREMENTS. A single source continuum contractor and any subcontractor of the single source continuum contractor providing community-based care services shall maintain minimum insurance coverage, as required in the contract with the department, to minimize the risk of insolvency and protect against damages. The executive commissioner may adopt rules to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.161. STATUTORY DUTIES ASSUMED BY CONTRACTOR. Except as provided by Section 264.163, a single source continuum contractor providing foster care services and services for relative and kinship caregivers in a catchment area must, either directly or through subcontractors, assume the statutory duties of the department in connection with the delivery of foster care services and services for relative and kinship caregivers in that catchment area.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.162. REVIEW OF CONTRACTOR PERFORMANCE. The department shall develop a formal review process to evaluate a single source continuum contractor's implementation of placement services and case management services in a catchment area.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.163. CONTINUING DUTIES OF DEPARTMENT. In a catchment area in which a single source continuum contractor is providing family-based safety services or community-based care services, legal representation of the department in an action under this code shall be provided in accordance with Section 264.009.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.164. CONFIDENTIALITY. (a) The records of a single source continuum contractor relating to the provision of community-based care services in a catchment area are subject to Chapter 552, Government Code, in the same manner as the records of the department are subject to that chapter.


(b) Subchapter C, Chapter 261, regarding the confidentiality of certain case information, applies to the records of a single source continuum contractor in relation to the provision of services by the contractor.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.165. NOTICE REQUIRED FOR EARLY TERMINATION OF CONTRACT. (a) A single source continuum contractor may terminate a contract entered into under this subchapter by providing notice to the department and the commission of the contractor's intent to terminate the contract not later than the 60th day before the date of the termination.


(b) The department may terminate a contract entered into with a single source continuum contractor under this subchapter by providing notice to the contractor of the department's intent to terminate the contract not later than the 30th day before the date of termination.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.166. CONTINGENCY PLAN IN EVENT OF EARLY CONTRACT TERMINATION. (a) In each catchment area in which community-based care is implemented, the department shall create a contingency plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the single source continuum contractor providing foster care services in that catchment area.


(b) To support each contingency plan, the single source continuum contractor providing foster care services in that catchment area, subject to approval by the department, shall develop a transfer plan to ensure the continuity of services for children and families in the catchment area in the event of an early termination of the contract with the department. The contractor shall submit an updated transfer plan each year and six months before the end of the contract period, including any extension. The department is not limited or restricted in requiring additional information from the contractor or requiring the contractor to modify the transfer plan as necessary.


(c) If a single source continuum contractor gives notice to the department of an early contract termination, the department may enter into a contract with a different contractor for the sole purpose of assuming the contract that is being terminated.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.167. ATTORNEY-CLIENT PRIVILEGE. An employee, agent, or representative of a single source continuum contractor is considered to be a client's representative of the department for purposes of the privilege under Rule 503, Texas Rules of Evidence, as that privilege applies to communications with a prosecuting attorney or other attorney representing the department, or the attorney's representatives, in a proceeding under this subtitle.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


Sec. 264.168. REVIEW OF CONTRACTOR RECOMMENDATIONS BY DEPARTMENT. (a) Notwithstanding any other provision of this subchapter governing the transfer of case management authority to a single source continuum contractor, the department may review, approve, or disapprove a contractor's recommendation with respect to a child's permanency goal.


(b) Subsection (a) may not be construed to limit or restrict the authority of the department to include necessary oversight measures and review processes to maintain compliance with federal and state requirements in a contract with a single source continuum contractor.


(c) The department shall develop an internal dispute resolution process to decide disagreements between a single source continuum contractor and the department.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 18(a), eff. September 1, 2017.


For expiration of this section, see Subsection (f).



Sec. 264.1691. STUDY OF OPTIONS FOR IMPLEMENTING FAMILY PRESERVATION SERVICES. (a) In this section, "family preservation service" means a time-limited, family-focused service, including:


(1) a service subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123), provided to the family of a child who is:


(A) a candidate for foster care to prevent or eliminate the need to remove the child and to allow the child to remain safely with the child's family; or


(B) a pregnant or parenting foster youth;


(2) enhanced in-home support services and non-recurring financial support to promote safe and stable families; and


(3) services to promote self-sufficiency and prevent further need for interaction in the child welfare system.


(b) The department shall study and develop a comprehensive list of options for implementing family preservation services in existing catchment areas, including:


(1) contracting with single source continuum contractors to provide services; and


(2) procuring service providers through a competitive bidding process.


(c) In developing the options under Subsection (b), the department shall:


(1) examine existing department functions related to the stage of service the department describes as family-based safety services, including assessments of child safety and child removals, and make recommendations for incorporating the functions into a contracted model;


(2) consider the results from community needs assessments and capacity development plans conducted during the preceding 10 years; and


(3) consider:


(A) contingent on appropriation, including Title IV-E prevention services in the delivery of community-based family preservation services and the appropriate use of those services;


(B) the financial modeling used to determine implementation costs, including:


(i) start-up funding costs;


(ii) the cost of purchased client services;


(iii) strategies for shared financial risk; and


(iv) rate methodology;


(C) procedures for transitioning between case stages, including transitions from:


(i) investigation to family preservation; and


(ii) family preservation to foster care;


(D) ways to maximize evidence-based services and to increase the evidence base for family preservation programs in this state;


(E) requirements for complying with federal law to receive matching funds for certain prevention services;


(F) appropriate performance measures for contracted services, including associated financial remedies and incentives;


(G) ways to incorporate and to maximize existing funding methods for and programs related to behavioral health and substance use provided by the Health and Human Services Commission;


(H) appropriate contract provisions to ensure a clear distinction of money, personnel, and processes for family preservation services and foster care services;


(I) conflict resolution procedures between the department and contractors concerning:


(i) service plans;


(ii) services; and


(iii) case action for children or families served by a contractor;


(J) appropriate oversight structures to manage contract compliance, contractor performance, and child and family safety;


(K) appropriate contract provisions to ensure community engagement, including appropriate partnerships with faith-based organizations;


(L) recommendations for statutory changes necessary to support the department's implementation options; and


(M) any other information the department determines necessary for legislative direction of the department's implementation of community-based family preservation services.


(d) In developing implementation options under this section, the department shall:


(1) incorporate relevant information obtained from previous efforts and similar service models implemented in other states;


(2) collaborate with the Health and Human Services Commission as needed, including on:


(A) recommendations for the provision of behavioral health and substance use services; and


(B) appropriate rate methodology; and


(3) allow interested persons to comment on the provision of behavioral health and substance use services.


(e) The department may enter into any contracts the department determines necessary to comply with this section.


(f) This section expires August 31, 2023.


Added by Acts 2021, 87th Leg., R.S., Ch. 858 (S.B. 910), Sec. 1, eff. June 16, 2021.


Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that contracts with the department to provide services as a single source continuum contractor under this subchapter is considered to be a charitable organization for the purposes of Chapter 84, Civil Practice and Remedies Code, with respect to the provision of those services, and that chapter applies to the entity and any person who is an employee or volunteer of the entity.


(b) The limitations on liability provided by this section apply:


(1) only to an act or omission by the entity or person, as applicable, that occurs while the entity or person is acting within the course and scope of the entity's contract with the department and the person's duties for the entity; and


(2) only if insurance coverage in the minimum amounts required by Chapter 84, Civil Practice and Remedies Code, is in force and effect at the time a cause of action for personal injury, death, or property damage accrues.


Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 7.006(a), eff. September 1, 2019.


Sec. 264.171. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON COMMUNITY-BASED CARE TRANSITION. (a) Notwithstanding Section 264.0011, in this section:


(1) "Commission" means the Health and Human Services Commission.


(2) "Committee" means the Joint Legislative Oversight Committee on Community-Based Care Transition.


(3) "Department" means the Department of Family and Protective Services.


(b) The Joint Legislative Oversight Committee on Community-Based Care Transition is composed of six voting members as follows:


(1) three members of the senate, appointed by the lieutenant governor; and


(2) three members of the house of representatives, appointed by the speaker of the house of representatives.


(c) The lieutenant governor and speaker of the house of representatives shall each appoint a member described by Subsection (b)(1) or (2), respectively, to serve as joint chairs of the committee.


(d) The committee shall meet at the call of the joint chairs and may consider public testimony.


(e) The committee may employ persons necessary to carry out this section through funds made available by the legislature.


(f) The committee shall monitor and report to the legislature on the following related to the implementation of community-based care:


(1) the funding of community-based care;


(2) the performance and outcomes of community-based care statewide and by region;


(3) statutory or regulatory barriers to the successful implementation of community-based care; and


(4) other challenges to the successful implementation of community-based care.


(g) The committee may request any relevant information from the commission, the department, or another relevant state agency, and the commission, department, or agency shall comply with the request, unless the provision of the information is prohibited by state or federal law.


(h) Not later than January 1 of each odd-numbered year, the committee shall submit a written report of the committee's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the standing committees of the senate and house of representatives having primary jurisdiction over child welfare issues.


(i) The committee shall monitor the continued implementation of community-based care and hold public hearings to receive comments from the public on the implementation of community-based care.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021.


For expiration of this section, see Subsection (i).



Sec. 264.172. OFFICE OF COMMUNITY-BASED CARE TRANSITION. (a) In this section:


(1) "Department" means the Department of Family and Protective Services.


(2) "Office" means the Office of Community-Based Care Transition created under this section.


(b) The Office of Community-Based Care Transition is a state agency independent of but administratively attached to the department.


(c) The office shall:


(1) assess catchment areas in this state where community-based care services may be implemented;


(2) develop a plan for implementing community-based care in each catchment area in this state, including the order in which community-based care will be implemented in each catchment area and a timeline for implementation;


(3) evaluate community-based care providers;


(4) contract, on behalf of the department, with community-based care providers to provide services in each catchment area in this state;


(5) measure contract performance of community-based care providers;


(6) provide contract oversight of community-based care providers;


(7) report outcomes of community-based care providers;


(8) identify the employees and other resources to be transferred to the community-based care provider to provide the necessary implementation, case management, operational, and administrative functions and outline the methodology for determining the employees and resources to be transferred;


(9) create a risk-sharing funding model that strategically and explicitly balances financial risk between this state and the community-based care provider and mitigates the financial effects of significant unforeseen changes in the community-based care provider's duties or the population of the region it serves; and


(10) require the annual review and adjustment of the funding based on updated cost and finance methodologies, including changes in policy, foster care rates, and regional service usage.


(d) The department shall provide any administrative support the office needs, and the department and the Health and Human Services Commission shall provide access to any information and legal counsel the office requires to implement community-based care.


(e) The governor shall appoint the director of the office to serve in that capacity at the pleasure of the governor. The director reports directly to the governor.


(f) The office shall report to the legislature at least once each calendar quarter regarding the implementation of community-based care in the state.


(g) A provision of this subchapter applicable to the department with respect to any duty assigned by this section to the office applies to the office in the same manner as the provision would apply to the department.


(h) Except as otherwise provided by this section, the department retains the powers and duties provided by this subchapter to the department.


(i) The office is abolished and this section expires on the date that community-based care is implemented in the last department region in this state.


Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021.


SUBCHAPTER C. CHILD AND FAMILY SERVICES



Sec. 264.201. SERVICES BY DEPARTMENT. (a) When the department provides services directly or by contract to an abused or neglected child and the child's family, the services shall be designed to:


(1) prevent further abuse;


(2) alleviate the effects of the abuse suffered;


(3) prevent removal of the child from the home; and


(4) provide reunification services when appropriate for the return of the child to the home.


(b) The department shall emphasize ameliorative services for sexually abused children.


(c) The department shall provide or contract for necessary services to an abused or neglected child and the child's family without regard to whether the child remains in or is removed from the family home. If parental rights have been terminated, services may be provided only to the child.


(d) The services may include in-home programs, parenting skills training, youth coping skills, and individual and family counseling. If the department requires or a court orders parenting skills training services through a parenting education program or practice, the program or practice must be an evidence-based program or practice or promising program or practice that is provided in the community in which the family resides, if available.


(e) The department may not provide and a court may not order the department to provide supervision for visitation in a child custody matter unless the department is a petitioner or intervener in the underlying suit.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 28, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 49, eff. Sept. 1, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1257 (H.B. 2630), Sec. 1, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(6), eff. September 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 515 (S.B. 452), Sec. 1, eff. September 1, 2021.


Sec. 264.2011. ENHANCED IN-HOME SUPPORT PROGRAM. (a) To the extent that funding is available, the department shall develop a program to strengthen families through enhanced in-home support. The program shall assist certain low-income families and children in child neglect cases in which poverty is believed to be a significant underlying cause of the neglect and in which the enhancement of in-home support appears likely to prevent removal of the child from the home or to speed reunification of the child with the family.


(b) A family that meets eligibility criteria for inclusion in the program is eligible to receive limited funding from a flexible fund account to cover nonrecurring expenses that are designed to help the family accomplish the objectives included in the family's service plan.


(c) The executive commissioner shall adopt rules establishing:


(1) specific eligibility criteria for the program described in this section;


(2) the maximum amount of money that may be made available to a family through the flexible fund account; and


(3) the purposes for which money made available under the program may be spent.


(d) The department shall evaluate the results of the program to determine whether the program is successful in safely keeping families together. If the department determines that the program is successful, the department shall continue the program to the extent that funding is available.


Added by Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 19, eff. September 1, 2007.


Sec. 264.2015. FAMILY GROUP CONFERENCING. The department may collaborate with the courts and other appropriate local entities to develop and implement family group conferencing as a strategy for promoting family preservation and permanency for children.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.52, eff. September 1, 2005.


Sec. 264.202. STANDARDS AND EFFECTIVENESS. (a) The department, with assistance from national organizations with expertise in child protective services, shall define a minimal baseline of in-home and foster care services for abused or neglected children that meets the professionally recognized standards for those services. The department shall attempt to provide services at a standard not lower than the minimal baseline standard.


(b) The department, with assistance from national organizations with expertise in child protective services, shall develop outcome measures to track and monitor the effectiveness of in-home and foster care services.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 264.203. REQUIRED PARTICIPATION. (a) The department may file a suit requesting the court to render a temporary order requiring the parent, managing conservator, guardian, or other member of the child's household to:


(1) participate in the services for which the department makes a referral or services the department provides or purchases for:


(A) alleviating the effects of the abuse or neglect that has occurred;


(B) reducing a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; or


(C) reducing a substantial risk of abuse or neglect caused by an act or failure to act of the parent, managing conservator, guardian, or member of the child's household; and


(2) permit the child and any siblings of the child to receive the services.


(b) A suit requesting an order under this section may be filed in a court with jurisdiction to hear the suit in the county in which the child is located.


(c) Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.


(d) The petition shall be supported by a sworn affidavit by a person based on personal knowledge and stating facts sufficient to support a finding that:


(1) the child has been a victim of abuse or neglect or is at substantial risk of abuse or neglect; and


(2) there is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household unless that person participates in services requested by the department.


(e) In a suit filed under this section, the court may render a temporary restraining order as provided by Section 105.001.


(f) The court shall hold a hearing on the petition not later than the 14th day after the date the petition is filed unless the court finds good cause for extending that date for not more than 14 days.


(g) The court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearing to ensure adequate representation of the child. The attorney ad litem for the child shall have the powers and duties of an attorney ad litem for a child under Chapter 107.


(h) The court shall appoint an attorney ad litem to represent the interests of a parent for whom participation in services is being requested immediately after the filing but before the hearing to ensure adequate representation of the parent. The attorney ad litem for the parent shall have the powers and duties of an attorney ad litem for a parent under Section 107.0131.


(i) Before commencement of the hearing, the court shall inform each parent of:


(1) the parent's right to be represented by an attorney; and


(2) for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney.


(j) If a parent claims indigence, the court shall require the parent to complete and file with the court an affidavit of indigence. The court may consider additional evidence to determine whether the parent is indigent, including evidence relating to the parent's income, source of income, assets, property ownership, benefits paid in accordance with a federal, state, or local public assistance program, outstanding obligations, and necessary expenses and the number and ages of the parent's dependents. If the court determines the parent is indigent, the attorney ad litem appointed to represent the interests of the parent may continue the representation. If the court determines the parent is not indigent, the court shall discharge the attorney ad litem from the appointment after the hearing and shall order the parent to pay the cost of the attorney ad litem's representation.


(k) The court may, for good cause shown, postpone any subsequent proceedings for not more than seven days after the date of the attorney ad litem's discharge to allow the parent to hire an attorney or to provide the parent's attorney time to prepare for the subsequent proceeding.


(l) An order may be rendered under this section only after notice and hearing.


(m) At the conclusion of the hearing, the court shall deny the petition unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:


(1) abuse or neglect has occurred or there is a substantial risk of abuse or neglect or continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; and


(2) services are necessary to ensure the physical health or safety of the child.


(n) If the court renders an order granting the petition, the court shall:


(1) state its findings in the order;


(2) make appropriate temporary orders under Chapter 105 necessary to ensure the safety of the child; and


(3) order the participation in specific services narrowly tailored to address the findings made by the court under Subsection (m).


(o) If the court finds that a parent, managing conservator, guardian, or other member of the child's household did not cause the continuing danger to the physical health or safety of the child or the substantial risk of abuse or neglect, or was not the perpetrator of the abuse or neglect alleged, the court may not require that person to participate in services ordered under Subsection (n).


(p) Not later than the 90th day after the date the court renders an order under this section, the court shall hold a hearing to review the status of each person required to participate in the services and the child and the services provided, purchased, or referred. The court shall set subsequent review hearings every 90 days to review the continued need for the order.


(q) An order rendered under this section expires on the 180th day after the date the order is signed unless the court extends the order as provided by Subsection (r) or (s).


(r) The court may extend an order rendered under this section on a showing by the department of a continuing need for the order, after notice and hearing. Except as provided by Subsection (s), the court may extend the order only one time for not more than 180 days.


(s) The court may extend an order rendered under this section for not more than an additional 180 days only if:


(1) the court finds that:


(A) the extension is necessary to allow the person required to participate in services under the plan of service time to complete those services;


(B) the department made a good faith effort to timely provide the services to the person;


(C) the person made a good faith effort to complete the services; and


(D) the completion of the services is necessary to ensure the physical health and safety of the child; and


(2) the extension is requested by the person or the person's attorney.


(t) At any time, a person affected by the order may request the court to terminate the order. The court shall terminate the order on finding the order is no longer needed.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.55, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 20, eff. September 1, 2007.


Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 12, eff. September 1, 2021.


Sec. 264.2031. SELECTION OF SERVICE PROVIDER. (a) A parent, managing conservator, guardian, or other member of a household ordered to participate in services under Section 264.203(a) may obtain those services from a qualified provider selected by the person.


(b) A parent, managing conservator, guardian, or other member of a household who obtains services from a provider selected by the person is responsible for the cost of those services.


(c) A parent, managing conservator, guardian, or other member of a household who successfully completes the services ordered under Section 264.203(a) must obtain verification from the service provider of that completion. The department shall accept the service provider's verification provided under this subsection as proof that the person successfully completed the court-ordered services.


Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041), Sec. 4, eff. September 1, 2021.


Sec. 264.204. COMMUNITY-BASED FAMILY SERVICES. (a) The department shall administer a grant program to provide funding to community organizations, including faith-based or county organizations, to respond to:


(1) low-priority, less serious cases of abuse and neglect; and


(2) cases in which an allegation of abuse or neglect of a child was unsubstantiated but involved a family that has been previously investigated for abuse or neglect of a child.


(b) The executive commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and the cancellation of grants.


(c) To receive a grant, a community organization whose grant request is approved must execute an interagency agreement or a contract with the department. The contract must require the organization receiving the grant to perform the services as stated in the approved grant request. The contract must contain appropriate provisions for program and fiscal monitoring.


(d) In areas of the state in which community organizations receive grants under the program, the department shall refer low-priority, less serious cases of abuse and neglect to a community organization receiving a grant under the program.


(e) A community organization receiving a referral under Subsection (d) shall make a home visit and offer family social services to enhance the parents' ability to provide a safe and stable home environment for the child. If the family chooses to use the family services, a case manager from the organization shall monitor the case and ensure that the services are delivered.


(f) If after the home visit the community organization determines that the case is more serious than the department indicated, the community organization shall refer the case to the department for a full investigation.


(g) The department may not award a grant to a community organization in an area of the state in which a similar program is already providing effective family services in the community.


(h) For purposes of this section, a case is considered to be a less serious case of abuse or neglect if:


(1) the circumstances of the case do not appear to involve a reasonable likelihood that the child will be abused or neglected in the foreseeable future; or


(2) the allegations in the report of child abuse or neglect:


(A) are general in nature or vague and do not support a determination that the child who is the subject of the report has been abused or neglected or will likely be abused or neglected; or


(B) if substantiated, would not be considered abuse or neglect under this chapter.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.53, eff. September 1, 2005.


Sec. 264.2041. CULTURAL AWARENESS. The department shall:


(1) develop and deliver cultural competency training to all service delivery staff;


(2) increase targeted recruitment efforts for foster and adoptive families who can meet the needs of children and youth who are waiting for permanent homes;


(3) target recruitment efforts to ensure diversity among department staff; and


(4) develop collaborative partnerships with community groups, agencies, faith-based organizations, and other community organizations to provide culturally competent services to children and families of every race and ethnicity.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.54, eff. September 1, 2005.


Sec. 264.2042. NONPROFIT ORGANIZATIONS PROVIDING CHILD AND FAMILY SERVICES. (a) The department shall cooperate with nonprofit organizations, including faith-based organizations, in providing information to families in crisis regarding child and family services, including respite care, voluntary guardianship, and other support services, available in the child's community.


(b) The department does not incur any obligation as a result of providing information as required by Subsection (a).


(c) The department is not liable for damages arising out of the provision of information as required by Subsection (a).


Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017.


Sec. 264.2043. PROHIBITION ON ABUSE OR NEGLECT INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION. The department may not initiate an investigation of child abuse or neglect based solely on a request submitted to the department by a child's parent for information relating to child and family services available to families in crisis.


Added by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 11, eff. September 1, 2017.


Sec. 264.2044. GRANTS FOR FAITH-BASED COMMUNITY COLLABORATIVE PROGRAMS. (a) Using available funds or private donations, the governor shall establish and administer an innovation grant program to award grants to support faith-based community programs that collaborate with the department and the commission to improve foster care and the placement of children in foster care.


(b) A faith-based community program is eligible for a grant under this section if:


(1) the effectiveness of the program is supported by empirical evidence; and


(2) the program has demonstrated the ability to build connections between faith-based, secular, and government stakeholders.


(c) The regional director for the department in the region where a grant recipient program is located, or the regional director's designee, shall serve as the liaison between the department and the program for collaborative purposes. For a program that operates in a larger region, the department may designate a liaison in each county where the program is operating. The department or the commission may not direct or manage the operation of the program.


(d) The initial duration of a grant under this section is two years. The governor may renew a grant awarded to a program under this section if funds are available and the governor determines that the program is successful.


(e) The governor may not award to a program grants under this section totaling more than $300,000.


(f) The governor shall adopt rules to implement the grant program created under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 19(a), eff. September 1, 2017.


Redesignated from Family Code, Section 264.2042 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(18), eff. September 1, 2019.


Sec. 264.205. SWIFT ADOPTION TEAMS. (a) The department shall develop swift adoption teams to expedite the process of placing a child under the jurisdiction of the department for adoption. Swift adoption teams developed under this section shall, in performing their duties, attempt to place a child for adoption with an appropriate relative of the child.


(b) A swift adoption team shall consist of department personnel who shall operate under policies adopted by rule by the executive commissioner. The department shall set priorities for the allocation of department resources to enable a swift adoption team to operate successfully under the policies adopted under this subsection.


(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(27), eff. June 17, 2011.


Added by Acts 1995, 74th Leg., ch. 943, Sec. 9, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 306, Sec. 4, eff. Sept. 1, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 20, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(27), eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.196, eff. April 2, 2015.


Sec. 264.207. HOME STUDY REQUIRED BEFORE ADOPTION.


(a) The department must complete a home study before the date an applicant is approved for an adoption.


(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(32), eff. September 1, 2015.


Added by Acts 1997, 75th Leg., ch. 600, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 94, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 58, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 59, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(32), eff. September 1, 2015.


SUBCHAPTER D. SERVICES TO AT-RISK YOUTH



Sec. 264.301. SERVICES FOR AT-RISK YOUTH. (a) The department shall operate a program to provide services for children in at-risk situations and for the families of those children.


(b) The services under this section may include:


(1) crisis family intervention;


(2) emergency short-term residential care;


(3) family counseling;


(4) parenting skills training;


(5) youth coping skills training;


(6) mentoring; and


(7) advocacy training.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 58, eff. Jan. 1, 1996.


Sec. 264.302. EARLY YOUTH INTERVENTION SERVICES. (a) This section applies to a child who:


(1) is seven years of age or older and under 17 years of age; and


(2) has not had the disabilities of minority for general purposes removed under Chapter 31.


(b) The department shall operate a program under this section to provide services for children in at-risk situations and for the families of those children.


(c) The department may not provide services under this section to a child who has:


(1) at any time been referred to juvenile court for engaging in conduct that violates a penal law of this state of the grade of felony other than a state jail felony; or


(2) been found to have engaged in delinquent conduct under Title 3.


(d) The department may provide services under this section to a child who engages in conduct for which the child may be found by a court to be an at-risk child, without regard to whether the conduct violates a penal law of this state of the grade of felony other than a state jail felony, if the child was younger than 10 years of age at the time the child engaged in the conduct.


(e) The department shall provide services for a child and the child's family if a contract to provide services under this section is available in the county and the child is referred to the department as an at-risk child by:


(1) a juvenile court or probation department as part of a progressive sanctions program under Chapter 59;


(2) a law enforcement officer or agency under Section 52.03; or


(3) a justice or municipal court under Article 45.057, Code of Criminal Procedure.


(f) The services under this section may include:


(1) crisis family intervention;


(2) emergency short-term residential care for children 10 years of age or older;


(3) family counseling;


(4) parenting skills training;


(5) youth coping skills training;


(6) advocacy training; and


(7) mentoring.


Added by Acts 1995, 74th Leg., ch. 262, Sec. 58, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 30, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 575, Sec. 31, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1514, Sec. 16, eff. Sept. 1, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 60, eff. September 1, 2015.


SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS



Sec. 264.401. DEFINITION. In this subchapter, "center" means a children's advocacy center.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.402. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER. On the execution of a memorandum of understanding under Section 264.403, a children's advocacy center may be established by community members and the participating agencies described by Section 264.403(a) to serve a county or two or more contiguous counties in which a center has not been established.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 1, eff. September 1, 2019.


Sec. 264.403. INTERAGENCY MEMORANDUM OF UNDERSTANDING. (a) A center shall enter into a memorandum of understanding regarding participation in the multidisciplinary team response under Section 264.406. The center and each of the following agencies must execute the memorandum of understanding:


(1) the department responsible for child abuse and neglect investigations;


(2) each county and municipal law enforcement agency with jurisdiction to investigate child abuse and neglect in the area to be served by the center; and


(3) each county or district attorney with jurisdiction to prosecute child abuse and neglect cases in the area to be served by the center.


(b) A memorandum of understanding executed under this section shall include the agreement of each participating agency to cooperate in:


(1) minimizing the revictimization of alleged abuse and neglect victims and nonoffending family members through the investigation, assessment, intervention, and prosecution processes; and


(2) maintaining a cooperative team approach to facilitate successful outcomes in the criminal justice and child protection systems through shared fact-finding and strong, collaborative case development.


(c) The memorandum of understanding must be reexecuted:


(1) at least every three years;


(2) on a significant change to the memorandum of understanding; or


(3) on a change of a signatory of a participating agency.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 2, eff. September 1, 2019.


Sec. 264.4031. MULTIDISCIPLINARY TEAM WORKING PROTOCOL. (a) A center shall adopt a multidisciplinary team working protocol. The working protocol must include:


(1) the center's mission statement;


(2) the role of each participating agency on the multidisciplinary team and the agency's commitment to the center;


(3) specific criteria for referral of cases for a multidisciplinary team response and specific criteria for the referral and provision of each service provided by the center;


(4) processes and general procedures for:


(A) the intake of cases, including direct referrals from participating agencies described by Section 264.403(a) and reports from the department that involve the suspected abuse or neglect of a child or the death of a child from abuse or neglect;


(B) the availability outside scheduled business hours of a multidisciplinary team response to cases and provision of necessary center services;


(C) information sharing to ensure the timely exchange of relevant information;


(D) forensic interviews;


(E) family and victim advocacy;


(F) medical evaluations and medical treatment;


(G) mental health evaluations and mental health treatment;


(H) multidisciplinary team case review; and


(I) case tracking; and


(5) provisions for addressing conflicts within the multidisciplinary team and for maintaining the confidentiality of information shared among members of the multidisciplinary team.


(b) The working protocol must be executed by the participating agencies required to enter into the memorandum of understanding under Section 264.403.


(c) The working protocol must be reexecuted:


(1) at least every three years;


(2) on a significant change to the working protocol; or


(3) on a change of a signatory of a participating agency.


Added by Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 3, eff. September 1, 2019.


Sec. 264.404. BOARD REPRESENTATION. (a) In addition to any other persons appointed or elected to serve on the governing board of a center, the governing board must include an executive officer of, or an employee with decision-making authority selected by an executive officer of:


(1) the department responsible for child abuse and neglect investigations;


(2) a law enforcement agency with jurisdiction to investigate child abuse and neglect in the area served by the center; and


(3) the county or district attorney's office with jurisdiction to prosecute child abuse and neglect cases in the area served by the center.


(b) Service on a center's board by an executive officer or employee under Subsection (a) is an additional duty of the person's office or employment.


(c) The governing board members required under Subsection (a) may not constitute a majority of the membership of a center's governing board.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 4, eff. September 1, 2019.


Sec. 264.405. CENTER DUTIES. (a) A center shall:


(1) receive, review, and track department reports relating to the suspected abuse or neglect of a child or the death of a child from abuse or neglect to ensure a consistent, comprehensive approach to all cases that meet the criteria outlined in the multidisciplinary team working protocol adopted under Section 264.4031;


(2) coordinate the activities of participating agencies relating to abuse and neglect investigations and delivery of services to alleged abuse and neglect victims and their families;


(3) facilitate assessment of alleged abuse or neglect victims and their families to determine their need for services relating to the investigation of abuse or neglect and provide needed services; and


(4) comply with the standards adopted under Section 264.409(c).


(b) A center shall provide:


(1) facilitation of a multidisciplinary team response to abuse or neglect allegations;


(2) a formal process that requires the multidisciplinary team to routinely discuss and share information regarding investigations, case status, and services needed by children and families;


(3) a system to monitor the progress and track the outcome of each case;


(4) a child-focused setting that is comfortable, private, and physically and psychologically safe for diverse populations at which a multidisciplinary team can meet to facilitate the efficient and appropriate disposition of abuse and neglect cases through the civil and criminal justice systems;


(5) culturally competent services for children and families throughout the duration of a case;


(6) victim support and advocacy services for children and families;


(7) forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing;


(8) access to specialized medical evaluations and treatment services for victims of alleged abuse or neglect;


(9) evidence-based, trauma-focused mental health services for children and nonoffending members of the child's family; and


(10) opportunities for community involvement through a formalized volunteer program dedicated to supporting the center.


(c) The duties prescribed to a center under Subsection (a)(1) do not relieve the department or a law enforcement agency of its duty to investigate a report of abuse or neglect as required by other law.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 5, eff. September 1, 2019.


Sec. 264.406. MULTIDISCIPLINARY TEAM. (a) A center's multidisciplinary team must include employees of the participating agencies described by Section 264.403(a).


(b) A representative of any other entity may participate in the multidisciplinary team response as provided by the multidisciplinary team working protocol adopted under Section 264.4031 if:


(1) the entity participates in or provides the following:


(A) child abuse or neglect investigations;


(B) abuse or neglect investigations involving persons with a disability;


(C) services to alleged child abuse or neglect victims; or


(D) services to alleged victims who are persons with a disability;


(2) the center and the participating agencies agree in writing to the entity's participation; and


(3) the entity signs the memorandum of understanding executed under Section 264.403 and the working protocol adopted under Section 264.4031.


(c) A multidisciplinary team shall be actively involved in the following multidisciplinary team response:


(1) coordinating the actions of the participating agencies involved in the investigation and prosecution of cases and the delivery of services to alleged abuse or neglect victims and the victims' families; and


(2) conducting at regularly scheduled intervals multidisciplinary review of appropriate abuse or neglect cases as provided by the working protocol adopted under Section 264.4031.


(d) A multidisciplinary team may review an abuse or neglect case in which the alleged perpetrator is not a person responsible for a child's care, custody, or welfare.


(e) A multidisciplinary team member is authorized to share with and receive from other multidisciplinary team members information made confidential by Chapter 552, Government Code, Section 40.005 or 48.101, Human Resources Code, or Section 261.201 or 264.408 of this code when acting in the member's official capacity as an employee of a participating agency described by Section 264.403(a) or of another entity described by Subsection (b).


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 32, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 185, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 6, eff. September 1, 2019.


Sec. 264.4061. MULTIDISCIPLINARY TEAM RESPONSE REQUIRED. (a) The department shall refer a case to a center and the center shall initiate a response by a center's multidisciplinary team appointed under Section 264.406 when conducting an investigation of:


(1) a report of abuse or neglect that is made by a professional as defined by Section 261.101 and that:


(A) alleges sexual abuse of a child; or


(B) is a type of case handled by the center in accordance with the working protocol adopted for the center under Section 264.4031; or


(2) a child fatality in which there are surviving children in the deceased child's household or under the supervision of the caregiver involved in the child fatality.


(b) Any interview of a child conducted as part of the investigation under Subsection (a) must be a forensic interview conducted in accordance with the center's working protocol adopted under Section 264.4031 unless a forensic interview is not appropriate based on the child's age and development or the center's working protocol adopted under Section 264.4031.


(c) Subsection (a) applies only to an investigation of abuse or neglect in a county served by a center that has executed an interagency memorandum of understanding under Section 264.403. If a county is not served by a center that has executed an interagency memorandum of understanding, the department may, if appropriate, directly refer a case to a center in an adjacent county to initiate a response by that center's multidisciplinary team.


Added by Acts 2017, 85th Leg., R.S., Ch. 945 (S.B. 1806), Sec. 1, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 7, eff. September 1, 2019.


Sec. 264.407. LIABILITY. (a) A person is not liable for civil damages for a recommendation made or an opinion rendered in good faith while acting in the official scope of the person's duties as a member of a multidisciplinary team or as a board member, staff member, or volunteer of a center.


(b) The limitation on civil liability of Subsection (a) does not apply if a person's actions constitute gross negligence.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.408. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY AND OWNERSHIP. (a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public release under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this chapter. Disclosure may be made to:


(1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state or local agencies that provide services to children and families; and


(2) the attorney for the alleged victim who is the subject of the records and a court-appointed volunteer advocate appointed for the alleged victim under Section 107.031.


(b) Information related to the investigation of a report of abuse or neglect under Chapter 261 and to the services provided as a result of the investigation is confidential as provided by Section 261.201.


(c) The department, a law enforcement agency, and a prosecuting attorney may share with a center information that is confidential under Section 261.201 as needed to provide services under this chapter. Confidential information shared with or provided to a center remains the property of the agency that shared or provided the information to the center. A request for confidential information provided to the center under this section must be made to the agency that shared or provided the information.


(d) An electronic recording of an interview with a child or person with a disability that is made by a center is the property of the prosecuting attorney involved in the criminal prosecution of the case involving the child or person. If no criminal prosecution occurs, the electronic recording is the property of the attorney involved in representing the department in a civil action alleging abuse, neglect, or exploitation. If the matter involving the child or person is not prosecuted, the electronic recording is the property of the department if the matter is an investigation by the department of abuse, neglect, or exploitation. If the department is not investigating or has not investigated the matter, the electronic recording is the property of the agency that referred the matter to the center.


(d-1) An electronic recording of an interview described by Subsection (d) is subject to production under Article 39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of Evidence. A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce an electronic recording of an interview described by Subsection (d), provided that the prosecuting attorney makes the electronic recording reasonably available to the defendant in the same manner as property or material may be made available to defendants, attorneys, and expert witnesses under Article 39.15(d), Code of Criminal Procedure.


(e) The department shall be allowed access to electronic recordings of interviews of children or persons with a disability.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 4, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1069 (H.B. 3259), Sec. 3, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 299 (S.B. 60), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 8, eff. September 1, 2019.


Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is composed of individuals who have expertise in the establishment and operation of children's advocacy center programs. The statewide organization shall provide training, technical assistance, evaluation services, and funds administration to support contractual requirements under Section 264.411 for local children's advocacy center programs.


(b) The contract under this section must provide that the statewide organization may not spend annually in the performance of duties under Subsection (a) more than 12 percent of the annual amount appropriated to the commission for purposes of this section.


(c) The statewide organization with which the commission contracts shall develop and adopt standards for children's advocacy centers.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 347, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 1, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 9, eff. September 1, 2019.


Sec. 264.410. CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS. (a) The statewide organization with which the commission contracts under Section 264.409 shall contract with eligible centers to establish, maintain, and enhance the services provided by the centers.


(b) The contract under this section may not result in reducing the financial support a center receives from another source.


(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 12, eff. September 1, 2019.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 347, Sec. 2, eff. Sept. 1, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 2, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 10, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 12, eff. September 1, 2019.


Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public entity that operated as a center under this subchapter before November 1, 1995, or a nonprofit entity is eligible for a contract under Section 264.410 if the entity:


(1) has a signed memorandum of understanding as provided by Section 264.403;


(2) has a signed working protocol as provided by Section 264.4031;


(3) has a governing board as provided by Section 264.404;


(4) has a multidisciplinary team as provided by Section 264.406;


(5) regularly convenes the multidisciplinary team as provided by Section 264.406;


(6) employs an executive director who is accountable to the board of directors of the entity and who is not the exclusive salaried employee of any governmental agency; and


(7) fulfills the duties required by Section 264.405.


(b) The statewide organization described by Section 264.409 may waive the requirements specified in Subsection (a) if it determines that the waiver will not adversely affect a center's ability to carry out its duties under Section 264.405.


Added by Acts 1997, 75th Leg., ch. 575, Sec. 33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 347, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 185, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 136 (S.B. 245), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 3, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 396 (S.B. 821), Sec. 11, eff. September 1, 2019.


SUBCHAPTER F. CHILD FATALITY REVIEW AND INVESTIGATION



Sec. 264.501. DEFINITIONS. In this subchapter:


(1) "Autopsy" and "inquest" have the meanings assigned by Article 49.01, Code of Criminal Procedure.


(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015.


(3) "Child" means a person younger than 18 years of age.


(4) "Committee" means the child fatality review team committee.


(5) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015.


(6) "Health care provider" means any health care practitioner or facility that provides medical evaluation or treatment, including dental and mental health evaluation or treatment.


(7) "Meeting" means an in-person meeting or a meeting held by telephone or other electronic medium.


(8) "Preventable death" means a death that may have been prevented by reasonable medical, social, legal, psychological, or educational intervention. The term includes the death of a child from:


(A) intentional or unintentional injuries;


(B) medical neglect;


(C) lack of access to medical care;


(D) neglect and reckless conduct, including failure to supervise and failure to seek medical care; and


(E) premature birth associated with any factor described by Paragraphs (A) through (D).


(9) "Review" means a reexamination of information regarding a deceased child from relevant agencies, professionals, and health care providers.


(10) "Review team" means a child fatality review team established under this subchapter.


(11) "Unexpected death" includes a death of a child that, before investigation:


(A) appears to have occurred without anticipation or forewarning; and


(B) was caused by trauma, suspicious or obscure circumstances, sudden infant death syndrome, abuse or neglect, or an unknown cause.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(13), eff. April 2, 2015.


Sec. 264.502. COMMITTEE. (a) The child fatality review team committee is composed of:


(1) a person appointed by and representing the state registrar of vital statistics;


(2) a person appointed by and representing the commissioner of the department;


(3) a person appointed by and representing the Title V director of the Department of State Health Services;


(4) a person appointed by and representing the speaker of the house of representatives;


(5) a person appointed by and representing the lieutenant governor;


(6) a person appointed by and representing the governor; and


(7) individuals selected under Subsection (b).


(b) The members of the committee who serve under Subsections (a)(1) through (6) shall select the following additional committee members:


(1) a criminal prosecutor involved in prosecuting crimes against children;


(2) a sheriff;


(3) a justice of the peace;


(4) a medical examiner;


(5) a police chief;


(6) a pediatrician experienced in diagnosing and treating child abuse and neglect;


(7) a child educator;


(8) a child mental health provider;


(9) a public health professional;


(10) a child protective services specialist;


(11) a sudden infant death syndrome family service provider;


(12) a neonatologist;


(13) a child advocate;


(14) a chief juvenile probation officer;


(15) a child abuse prevention specialist;


(16) a representative of the Department of Public Safety;


(17) a representative of the Texas Department of Transportation;


(18) an emergency medical services provider; and


(19) a provider of services to, or an advocate for, victims of family violence.


(c) Members of the committee selected under Subsection (b) serve three-year terms with the terms of six or seven members, as appropriate, expiring February 1 each year.


(d) Members selected under Subsection (b) must reflect the geographical, cultural, racial, and ethnic diversity of the state.


(e) An appointment to a vacancy on the committee shall be made in the same manner as the original appointment. A member is eligible for reappointment.


(f) Members of the committee shall select a presiding officer from the members of the committee.


(g) The presiding officer of the committee shall call the meetings of the committee, which shall be held at least quarterly.


(h) A member of the committee is not entitled to compensation for serving on the committee but is entitled to reimbursement for the member's travel expenses as provided in the General Appropriations Act. Reimbursement under this subsection for a person serving on the committee under Subsection (a)(2) shall be paid from funds appropriated to the department. Reimbursement for other persons serving on the committee shall be paid from funds appropriated to the Department of State Health Services.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 3, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.56, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 396 (S.B. 802), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3C.04, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 42, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1145 (S.B. 66), Sec. 1, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 5, eff. September 1, 2017.


Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to:


(1) develop an understanding of the causes and incidence of child deaths in this state;


(2) identify procedures within the agencies represented on the committee to reduce the number of preventable child deaths; and


(3) promote public awareness and make recommendations to the governor and the legislature for changes in law, policy, and practice to reduce the number of preventable child deaths.


(b) To ensure that the committee achieves its purpose, the department and the Department of State Health Services shall perform the duties specified by this section.


(c) The department shall work cooperatively with:


(1) the Department of State Health Services;


(2) the committee; and


(3) individual child fatality review teams.


(d) The Department of State Health Services shall:


(1) recognize the creation and participation of review teams;


(2) promote and coordinate training to assist the review teams in carrying out their duties;


(3) assist the committee in developing model protocols for:


(A) the reporting and investigating of child fatalities for law enforcement agencies, child protective services, justices of the peace and medical examiners, and other professionals involved in the investigations of child deaths;


(B) the collection of data regarding child deaths; and


(C) the operation of the review teams;


(4) develop and implement procedures necessary for the operation of the committee;


(5) develop and make available training for justices of the peace and medical examiners regarding inquests in child death cases; and


(6) promote education of the public regarding the incidence and causes of child deaths, the public role in preventing child deaths, and specific steps the public can undertake to prevent child deaths.


(d-1) The committee shall enlist the support and assistance of civic, philanthropic, and public service organizations in the performance of the duties imposed under Subsection (d).


(e) In addition to the duties under Subsection (d), the Department of State Health Services shall:


(1) collect data under this subchapter and coordinate the collection of data under this subchapter with other data collection activities;


(2) perform annual statistical studies of the incidence and causes of child fatalities using the data collected under this subchapter; and


(3) evaluate the available child fatality data and use the data to create public health strategies for the prevention of child fatalities.


(f) Not later than April 1 of each even-numbered year, the committee shall publish a report that contains aggregate child fatality data collected by local child fatality review teams, recommendations to prevent child fatalities and injuries, and recommendations to the department on child protective services operations based on input from the child safety review subcommittee. The committee shall submit a copy of the report to the governor, lieutenant governor, speaker of the house of representatives, Department of State Health Services, and department and make the report available to the public. Not later than October 1 of each even-numbered year, the department shall submit a written response to the committee's recommendations to the committee, governor, lieutenant governor, speaker of the house of representatives, and Department of State Health Services describing which of the committee's recommendations regarding the operation of the child protective services system the department will implement and the methods of implementation.


(g) The committee shall perform the functions and duties required of a citizen review panel under 42 U.S.C. Section 5106a(c)(4)(A).


(h) Each member of the committee must be a member of the child fatality review team in the county where the committee member resides unless the committee member is an appointed representative of a state agency.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 4, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.57, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 396 (S.B. 802), Sec. 2, eff. September 1, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1145 (S.B. 66), Sec. 2, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 6, eff. September 1, 2017.


Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In this section, "near fatality" means a case where a physician has certified that a child is in critical or serious condition, and a caseworker determines that the child's condition was caused by the abuse or neglect of the child.


(b) The department shall include near fatality child abuse or neglect cases in the child fatality case database, for cases in which child abuse or neglect is determined to have been the cause of the near fatality. The department must also develop a data collection strategy for near fatality child abuse or neglect cases.


Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017.


Sec. 264.5032. REPORT ON CHILD FATALITY AND NEAR FATALITY DATA. (a) The department shall produce an aggregated report relating to child fatality and near fatality cases resulting from child abuse or neglect containing the following information:


(1) any prior contact the department had with the child's family and the manner in which the case was disposed, including cases in which the department made the following dispositions:


(A) priority none or administrative closure;


(B) call screened out;


(C) alternative or differential response provided;


(D) unable to complete the investigation;


(E) unable to determine whether abuse or neglect occurred;


(F) reason to believe abuse or neglect occurred; or


(G) child removed and placed into substitute care;


(2) for any case investigated by the department involving the child or the child's family:


(A) the number of caseworkers assigned to the case before the fatality or near fatality occurred; and


(B) the caseworker's caseload at the time the case was opened and at the time the case was closed;


(3) for any case in which the department investigation concluded that there was reason to believe that abuse or neglect occurred, and the family was referred to family-based safety services:


(A) the safety plan provided to the family;


(B) the services offered to the family; and


(C) the level of compliance with the safety plan or completion of the services by the family;


(4) the number of contacts the department made with children and families in family-based safety services cases; and


(5) the initial and attempted contacts the department made with child abuse and neglect victims.


(b) In preparing the part of the report required by Subsection (a)(1), the department shall include information contained in department records retained in accordance with the department's records retention schedule.


(c) The report produced under this section must protect the identity of individuals involved in a case that is included in the report.


(d) The department may combine the report required under this section with the annual child fatality report required to be produced under Section 261.204.


Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017.


Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Code, as if the committee were a governmental body under that chapter.


(b) Any portion of a meeting of the committee during which the committee discusses an individual child's death is closed to the public and is not subject to the open meetings law, Chapter 551, Government Code.


(c) Information identifying a deceased child, a member of the child's family, a guardian or caretaker of the child, or an alleged or suspected perpetrator of abuse or neglect of the child may not be disclosed during a public meeting. On a majority vote of the committee members, the members shall remove from the committee any member who discloses information described by this subsection in a public meeting.


(d) Information regarding the involvement of a state or local agency with the deceased child or another person described by Subsection (c) may not be disclosed during a public meeting.


(e) The committee may conduct an open or closed meeting by telephone conference call or other electronic medium. A meeting held under this subsection is subject to the notice requirements applicable to other meetings. The notice of the meeting must specify as the location of the meeting the location where meetings of the committee are usually held. Each part of the meeting by telephone conference call that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded. The tape recording shall be made available to the public.


(f) This section does not prohibit the committee from requesting the attendance at a closed meeting of a person who is not a member of the committee and who has information regarding a deceased child.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.58, eff. September 1, 2005.


Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county. A county may join with an adjacent county or counties to establish a combined review team.


(b) Any person who may be a member of a review team under Subsection (c) may initiate the establishment of a review team and call the first organizational meeting of the team.


(c) A review team must reflect the diversity of the county's population and may include:


(1) a criminal prosecutor involved in prosecuting crimes against children;


(2) a sheriff;


(3) a justice of the peace or medical examiner;


(4) a police chief;


(5) a pediatrician experienced in diagnosing and treating child abuse and neglect;


(6) a child educator;


(7) a child mental health provider;


(8) a public health professional;


(9) a child protective services specialist;


(10) a sudden infant death syndrome family service provider;


(11) a neonatologist;


(12) a child advocate;


(13) a chief juvenile probation officer; and


(14) a child abuse prevention specialist.


(d) Members of a review team may select additional team members according to community resources and needs.


(e) A review team shall select a presiding officer from its members.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.59, eff. September 1, 2005.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 8, eff. September 1, 2017.


Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The purpose of a review team is to decrease the incidence of preventable child deaths by:


(1) providing assistance, direction, and coordination to investigations of child deaths;


(2) promoting cooperation, communication, and coordination among agencies involved in responding to child fatalities;


(3) developing an understanding of the causes and incidence of child deaths in the county or counties in which the review team is located;


(4) recommending changes to agencies, through the agency's representative member, that will reduce the number of preventable child deaths; and


(5) advising the committee on changes to law, policy, or practice that will assist the team and the agencies represented on the team in fulfilling their duties.


(b) To achieve its purpose, a review team shall:


(1) adapt and implement, according to local needs and resources, the model protocols developed by the department and the committee;


(2) meet on a regular basis to review child fatality cases and recommend methods to improve coordination of services and investigations between agencies that are represented on the team;


(3) collect and maintain data as required by the committee;


(4) review and analyze the collected data to identify any demographic trends in child fatality cases, including whether there is a disproportionate number of child fatalities in a particular population group or geographic area; and


(5) submit to the vital statistics unit data reports on deaths reviewed as specified by the committee.


(c) A review team shall initiate prevention measures as indicated by the review team's findings.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.197, eff. April 2, 2015.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 9, eff. September 1, 2017.


Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding officer of a review team shall:


(1) send notices to the review team members of a meeting to review a child fatality;


(2) provide a list to the review team members of each child fatality to be reviewed at the meeting;


(3) submit data reports to the vital statistics unit not later than the 30th day after the date on which the review took place; and


(4) ensure that the review team operates according to the protocols developed by the department and the committee, as adapted by the review team.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.198, eff. April 2, 2015.


Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the county in which the injury, illness, or event that was the cause of the death of the child occurred, as stated on the child's death certificate, shall review the death.


(b) On receipt of the list of child fatalities under Section 264.507, each review team member shall review the member's records and the records of the member's agency for information regarding each listed child.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may request information and records regarding a deceased child as necessary to carry out the review team's purpose and duties. Records and information that may be requested under this section include:


(1) medical, dental, and mental health care information; and


(2) information and records maintained by any state or local government agency, including:


(A) a birth certificate;


(B) law enforcement investigative data;


(C) medical examiner investigative data;


(D) juvenile court records;


(E) parole and probation information and records; and


(F) child protective services information and records.


(b) On request of the presiding officer of a review team, the custodian of the relevant information and records relating to a deceased child shall provide those records to the review team at no cost to the review team.


(b-1) The Department of State Health Services shall provide a review team with electronic access to the preliminary death certificate for a deceased child.


(c) This subsection does not authorize the release of the original or copies of the mental health or medical records of any member of the child's family or the guardian or caretaker of the child or an alleged or suspected perpetrator of abuse or neglect of the child which are in the possession of any state or local government agency as provided in Subsection (a)(2). Information relating to the mental health or medical condition of a member of of the child's family or the guardian or caretaker of the child or the alleged or suspected perpetrator of abuse or neglect of the child acquired as part of an investigation by a state or local government agency as provided in Subsection (a)(2) may be provided to the review team.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.60, eff. September 1, 2005.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 10, eff. September 1, 2017.


Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a review team is closed to the public and not subject to the open meetings law, Chapter 551, Government Code.


(b) This section does not prohibit a review team from requesting the attendance at a closed meeting of a person who is not a member of the review team and who has information regarding a deceased child.


(c) Except as necessary to carry out a review team's purpose and duties, members of a review team and persons attending a review team meeting may not disclose what occurred at the meeting.


(d) A member of a review team participating in the review of a child death is immune from civil or criminal liability arising from information presented in or opinions formed as a result of a meeting.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.511. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) Information and records acquired by the committee or by a review team in the exercise of its purpose and duties under this subchapter are confidential and exempt from disclosure under the open records law, Chapter 552, Government Code, and may only be disclosed as necessary to carry out the committee's or review team's purpose and duties.


(b) A report of the committee or of a review team or a statistical compilation of data reports is a public record subject to the open records law, Chapter 552, Government Code, as if the committee or review team were a governmental body under that chapter, if the report or statistical compilation does not contain any information that would permit the identification of an individual.


(c) A member of a review team may not disclose any information that is confidential under this section.


(d) Information, documents, and records of the committee or of a review team that are confidential under this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence solely because they were presented during proceedings of the committee or a review team or are maintained by the committee or a review team.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.512. GOVERNMENTAL UNITS. The committee and a review team are governmental units for purposes of Chapter 101, Civil Practice and Remedies Code. A review team is a unit of local government under that chapter.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.513. REPORT OF DEATH OF CHILD. (a) A person who knows of the death of a child younger than six years of age shall immediately report the death to the medical examiner of the county in which the death occurs or, if the death occurs in a county that does not have a medical examiner's office or that is not part of a medical examiner's district, to a justice of the peace in that county.


(b) The requirement of this section is in addition to any other reporting requirement imposed by law, including any requirement that a person report child abuse or neglect under this code.


(c) A person is not required to report a death under this section that is the result of a motor vehicle accident. This subsection does not affect a duty imposed by another law to report a death that is the result of a motor vehicle accident.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


Sec. 264.514. PROCEDURE IN THE EVENT OF REPORTABLE DEATH. (a) A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter 49, Code of Criminal Procedure, to determine whether the death is unexpected or the result of abuse or neglect. An inquest is not required under this subchapter if the child's death is expected and is due to a congenital or neoplastic disease. A death caused by an infectious disease may be considered an expected death if:


(1) the disease was not acquired as a result of trauma or poisoning;


(2) the infectious organism is identified using standard medical procedures; and


(3) the death is not reportable to the Department of State Health Services under Chapter 81, Health and Safety Code.


(a-1) The commissioners court of a county shall adopt regulations relating to the timeliness for conducting an inquest into the death of a child. The regulations adopted under this subsection must be as stringent as the standards issued by the National Association of Medical Examiners unless the commissioners court determines that it would be cost prohibitive for the county to comply with those standards.


(b) The medical examiner or justice of the peace shall immediately notify an appropriate local law enforcement agency if the medical examiner or justice of the peace determines that the death is unexpected or the result of abuse or neglect, and that agency shall investigate the child's death. The medical examiner or justice of the peace shall notify the appropriate county child fatality review team of the child's death not later than the 120th day after the date the death is reported.


(c) In this section, the terms "abuse" and "neglect" have the meaning assigned those terms by Section 261.001.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 95, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1301, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 785, Sec. 3, eff. Sept. 1, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.199, eff. April 2, 2015.


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 11(a), eff. September 1, 2017.


Sec. 264.515. INVESTIGATION. (a) The investigation required by Section 264.514 must include:


(1) an autopsy, unless an autopsy was conducted as part of the inquest;


(2) an inquiry into the circumstances of the death, including an investigation of the scene of the death and interviews with the parents of the child, any guardian or caretaker of the child, and the person who reported the child's death; and


(3) a review of relevant information regarding the child from an agency, professional, or health care provider.


(b) The review required by Subsection (a)(3) must include a review of any applicable medical record, child protective services record, record maintained by an emergency medical services provider, and law enforcement report.


(c) The committee shall develop a protocol relating to investigation of an unexpected death of a child under this section. In developing the protocol, the committee shall consult with individuals and organizations that have knowledge and experience in the issues of child abuse and child deaths.


Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.


SUBCHAPTER G. COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS



Sec. 264.601. DEFINITIONS. In this subchapter:


(1) "Abused or neglected child" means a child who is:


(A) the subject of a suit affecting the parent-child relationship filed by a governmental entity; and


(B) under the control or supervision of the department.


(2) "Volunteer advocate program" means a volunteer-based, nonprofit program that:


(A) provides advocacy services to abused or neglected children with the goal of obtaining a permanent placement for a child that is in the child's best interest; and


(B) complies with recognized standards for volunteer advocate programs.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 3, eff. September 1, 2009.


Sec. 264.602. CONTRACTS WITH ADVOCATE PROGRAMS. (a) The statewide organization with which the commission contracts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services to abused or neglected children.


(b) The contract under this section may not result in reducing the financial support a volunteer advocate program receives from another source.


(c) The commission shall develop a scale of state financial support for volunteer advocate programs that declines over a six-year period beginning on the date each individual contract takes effect. After the end of the six-year period, the commission may not provide more than 50 percent of the volunteer advocate program's funding.


(d) The executive commissioner by rule shall adopt standards for a local volunteer advocate program. The statewide organization shall assist the executive commissioner in developing the standards.


(e) The department, in cooperation with the statewide organization with which the commission contracts under Section 264.603 and other interested agencies, shall support the expansion of court-appointed volunteer advocate programs into counties in which there is a need for the programs. In expanding into a county, a program shall work to ensure the independence of the program, to the extent possible, by establishing community support and accessing private funding from the community for the program.


(f) Expenses incurred by a volunteer advocate program to promote public awareness of the need for volunteer advocates or to explain the work performed by volunteer advocates that are paid with money from the commission volunteer advocate program account under Section 504.611, Transportation Code, are not considered administrative expenses for the purpose of Section 264.603(b).


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 118, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 7, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.61, eff. September 1, 2005.


Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 4, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 4, eff. September 1, 2015.


Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is composed of individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs to provide training, technical assistance, and evaluation services for the benefit of local volunteer advocate programs. The contract shall:


(1) include measurable goals and objectives relating to the number of:


(A) volunteer advocates in the program; and


(B) children receiving services from the program; and


(2) follow practices designed to ensure compliance with standards referenced in the contract.


(b) The contract under this section shall provide that not more than 12 percent of the annual legislative appropriation to implement this subchapter may be spent for administrative purposes by the statewide organization with which the commission contracts under this section.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 119, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, Sec. 20, eff. Sept. 1, 1997.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 5, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 5, eff. September 1, 2015.


Acts 2021, 87th Leg., R.S., Ch. 98 (S.B. 1156), Sec. 1, eff. May 24, 2021.


Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 17, eff. September 1, 2021.


Sec. 264.604. ELIGIBILITY FOR CONTRACTS. (a) A person is eligible for a contract under Section 264.602 only if the person is a public or private nonprofit entity that operates a volunteer advocate program that:


(1) uses individuals appointed as volunteer advocates or guardians ad litem by the court to provide for the needs of abused or neglected children;


(2) has provided court-appointed advocacy services for at least six months;


(3) provides court-appointed advocacy services for at least 10 children each month; and


(4) has demonstrated that the program has local judicial support.


(b) The statewide organization with which the commission contracts under Section 264.603 may not contract with a person that is not eligible under this section. However, the statewide organization may waive the requirement in Subsection (a)(3) for an established program in a rural area or under other special circumstances.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 120, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 8, eff. Sept. 1, 1997.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 6, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 6, eff. September 1, 2015.


Sec. 264.605. CONTRACT FORM. A person shall apply for a contract under Section 264.602 on a form provided by the commission.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 7, eff. September 1, 2015.


Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The statewide organization with which the commission contracts under Section 264.603 shall consider the following in awarding a contract under Section 264.602:


(1) the volunteer advocate program's eligibility for and use of funds from local, state, or federal governmental sources, philanthropic organizations, and other sources;


(2) community support for the volunteer advocate program as indicated by financial contributions from civic organizations, individuals, and other community resources;


(3) whether the volunteer advocate program provides services that encourage the permanent placement of children through reunification with their families or timely placement with an adoptive family; and


(4) whether the volunteer advocate program has the endorsement and cooperation of the local juvenile court system.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 121, eff. Sept. 1, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 8, eff. September 1, 2015.


Sec. 264.607. CONTRACT REQUIREMENTS. The commission shall require that a contract under Section 264.602 require the volunteer advocate program to:


(1) make quarterly and annual financial reports on a form provided by the commission;


(2) cooperate with inspections and audits that the commission makes to ensure service standards and fiscal responsibility; and


(3) provide as a minimum:


(A) independent and factual information in writing to the court and to counsel for the parties involved regarding the child;


(B) advocacy through the courts for permanent home placement and rehabilitation services for the child;


(C) monitoring of the child to ensure the safety of the child and to prevent unnecessary movement of the child to multiple temporary placements;


(D) reports in writing to the presiding judge and to counsel for the parties involved;


(E) community education relating to child abuse and neglect;


(F) referral services to existing community services;


(G) a volunteer recruitment and training program, including adequate screening procedures for volunteers;


(H) procedures to assure the confidentiality of records or information relating to the child; and


(I) compliance with the standards adopted under Section 264.602.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 122, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 9, eff. Sept. 1, 1997.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 7, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 9, eff. September 1, 2015.


Sec. 264.608. REPORT TO THE LEGISLATURE. (a) Not later than December 1 of each year, the commission shall publish a report that:


(1) summarizes reports from volunteer advocate programs under contract with the commission;


(2) analyzes the effectiveness of the contracts made by the commission under this chapter; and


(3) provides information on:


(A) the expenditure of funds under this chapter;


(B) services provided and the number of children for whom the services were provided; and


(C) any other information relating to the services provided by the volunteer advocate programs under this chapter.


(b) The commission shall submit copies of the report to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and members of the legislature.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 21, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 10, eff. September 1, 2015.


Sec. 264.609. RULE-MAKING AUTHORITY. The executive commissioner may adopt rules necessary to implement this subchapter.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 11, eff. September 1, 2015.


Sec. 264.610. CONFIDENTIALITY. The commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from a volunteer advocate program.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 12, eff. September 1, 2015.


Sec. 264.611. CONSULTATIONS. In implementing this chapter, the commission shall consult with individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 13, eff. September 1, 2015.


Sec. 264.612. FUNDING. (a) The commission may solicit and receive grants or money from either private or public sources, including by appropriation by the legislature from the general revenue fund, to implement this chapter.


(b) The need for and importance of the implementation of this chapter by the commission requires priority and preferential consideration for appropriation.


Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 128, eff. Sept. 1, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 14, eff. September 1, 2015.


Sec. 264.613. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this subchapter.


(b) Information described by Subsection (a) may be disclosed to:


(1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families;


(2) the attorney for the child who is the subject of the information; and


(3) eligible children's advocacy centers.


(c) Information related to the investigation of a report of abuse or neglect of a child under Chapter 261 and services provided as a result of the investigation are confidential as provided by Section 261.201.


Added by Acts 2001, 77th Leg., ch. 142, Sec. 1, eff. May 16, 2001.


Sec. 264.614. INTERNET APPLICATION FOR CASE TRACKING AND INFORMATION MANAGEMENT SYSTEM. (a) Subject to the availability of money as described by Subsection (c), the department shall develop an Internet application that allows a court-appointed volunteer advocate representing a child in the managing conservatorship of the department to access the child's case file through the department's automated case tracking and information management system and to add the volunteer advocate's findings and reports to the child's case file.


(b) The court-appointed volunteer advocate shall maintain the confidentiality required by this chapter and department rule for the information accessed by the advocate through the system described by Subsection (a).


(c) The department may use money appropriated to the department and money received as a gift, grant, or donation to pay for the costs of developing and maintaining the Internet application required by Subsection (a). The department may solicit and accept gifts, grants, and donations of any kind and from any source for purposes of this section.


(d) The executive commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 205 (H.B. 1227), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.200, eff. April 2, 2015.


SUBCHAPTER I. RELATIVE AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM



Sec. 264.751. DEFINITIONS. In this subchapter:


(1) "Designated caregiver" means an individual who has a longstanding and significant relationship with a child or the family of a child for whom the department has been appointed managing conservator and who:


(A) is appointed to provide substitute care for the child, but is not verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code; or


(B) is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).


(2) "Relative" means a person related to a child by consanguinity as determined under Section 573.022, Government Code.


(3) "Relative caregiver" means a relative who:


(A) provides substitute care for a child for whom the department has been appointed managing conservator, but who is not verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code; or


(B) is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 7, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(c), eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 34, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 12, eff. June 14, 2019.


Sec. 264.752. RELATIVE AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM. (a) The department shall develop and procure a program to:


(1) promote continuity and stability for children for whom the department is appointed managing conservator by placing those children with relative or other designated caregivers; and


(2) facilitate relative or other designated caregiver placements by providing assistance and services to those caregivers in accordance with this subchapter and rules adopted by the executive commissioner.


(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(38), eff. September 1, 2015.


(c) The executive commissioner shall adopt rules necessary to implement this subchapter. The rules must include eligibility criteria for receiving assistance and services under this subchapter.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(38), eff. September 1, 2015.


Sec. 264.753. EXPEDITED PLACEMENT. The department shall expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.201, eff. April 2, 2015.


Sec. 264.754. ASSESSMENT OF PROPOSED PLACEMENT. (a) In this section, "low-risk criminal offense" means a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting:


(1) a child's safety or well-being; or


(2) the stability of a child's placement with a relative or other designated caregiver.


(b) Before placing a child with a proposed relative or other designated caregiver, the department must conduct an assessment to determine whether the proposed placement is in the child's best interest.


(c) If the department disqualifies a person from serving as a relative or other designated caregiver for a child on the basis that the person has been convicted of a low-risk criminal offense, the person may appeal the disqualification in accordance with the procedure developed under Subsection (d).


(d) The department shall develop:


(1) a list of criminal offenses the department determines are low-risk criminal offenses; and


(2) a procedure for appropriate regional administration of the department to review a decision to disqualify a person from serving as a relative or other designated caregiver that includes the consideration of:


(A) when the person's conviction occurred;


(B) whether the person has multiple convictions for low-risk criminal offenses; and


(C) the likelihood that the person will commit fraudulent activity in the future.


(e) The department shall:


(1) publish the list of low-risk criminal offenses and information regarding the review procedure developed under Subsection (d) on the department's Internet website; and


(2) provide prospective relative and other designated caregivers information regarding the review procedure developed under Subsection (d).


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 587 (S.B. 879), Sec. 1, eff. September 1, 2017.


Sec. 264.7541. CAREGIVER VISIT WITH CHILD; INFORMATION. (a) Except as provided by Subsection (b), before placing a child with a proposed relative or other designated caregiver, the department must:


(1) arrange a visit between the child and the proposed caregiver; and


(2) provide the proposed caregiver with a form, which may be the same form the department provides to nonrelative caregivers, containing information, to the extent it is available, about the child that would enhance continuity of care for the child, including:


(A) the child's school information and educational needs;


(B) the child's medical, dental, and mental health care information;


(C) the child's social and family information; and


(D) any other information about the child the department determines will assist the proposed caregiver in meeting the child's needs.


(b) The department may waive the requirements of Subsection (a) if the proposed relative or other designated caregiver has a long-standing or significant relationship with the child and has provided care for the child at any time during the 12 months preceding the date of the proposed placement.


(c) Once a child is placed with a relative or other designated caregiver, the department shall inform the caregiver of:


(1) the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and


(2) the permanency care assistance program under Subchapter K.


Added by Acts 2013, 83rd Leg., R.S., Ch. 426 (S.B. 502), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 6, eff. September 1, 2019.


See note following this section.



Sec. 264.755. CAREGIVER ASSISTANCE AGREEMENT. (a) The department shall, subject to the availability of funds, enter into a caregiver assistance agreement with each relative or other designated caregiver to provide monetary assistance and additional support services to the caregiver. The monetary assistance and support services shall be based on a family's need, as determined by Subsection (b) and rules adopted by the executive commissioner.


(a-1) When a relative or other designated caregiver enters into a caregiver assistance agreement under Subsection (a), the department shall inform the caregiver of:


(1) the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and


(2) the permanency care assistance program under Subchapter K.


(b) The department shall provide monetary assistance under this section to a caregiver who has a family income that is less than or equal to 300 percent of the federal poverty level. Monetary assistance provided to a caregiver under this section may not exceed 50 percent of the department's daily basic foster care rate for the child. A caregiver who has a family income greater than 300 percent of the federal poverty level is not eligible for monetary assistance under this section.


(b-1) The department shall disburse monetary assistance provided to a caregiver under Subsection (b) in the same manner as the department disburses payments to a foster parent. The department may not provide monetary assistance to an eligible caregiver under Subsection (b) after the first anniversary of the date the caregiver receives the first monetary assistance payment from the department under this section. The department, at its discretion and for good cause, may extend the monetary assistance payments for an additional six months.


(b-2) The department shall implement a process to verify the family income of a relative or other designated caregiver for the purpose of determining eligibility to receive monetary assistance under Subsection (b).


(c) Monetary assistance and additional support services provided under this section may include:


(1) case management services and training and information about the child's needs until the caregiver is appointed permanent managing conservator;


(2) referrals to appropriate state agencies administering public benefits or assistance programs for which the child, the caregiver, or the caregiver's family may qualify;


(3) family counseling not provided under the Medicaid program for the caregiver's family for a period not to exceed two years from the date of initial placement;


(4) if the caregiver meets the eligibility criteria determined by rules adopted by the executive commissioner, reimbursement of all child-care expenses incurred while the child is under 13 years of age, or under 18 years of age if the child has a developmental disability, and while the department is the child's managing conservator; and


(5) if the caregiver meets the eligibility criteria determined by rules adopted by the executive commissioner, reimbursement of 50 percent of child-care expenses incurred after the caregiver is appointed permanent managing conservator of the child while the child is under 13 years of age, or under 18 years of age if the child has a developmental disability.


(d) The department, in accordance with department rules, shall implement a process to verify that each relative and designated caregiver who is seeking monetary assistance or additional support services from the department for day care as defined by Section 264.124 for a child under this section has attempted to find appropriate day-care services for the child through community services, including Head Start programs, prekindergarten classes, and early education programs offered in public schools. The department shall specify the documentation the relative or designated caregiver must provide to the department to demonstrate compliance with the requirements established under this subsection. The department may not provide monetary assistance or additional support services to the relative or designated caregiver for the day care unless the department receives the required verification.


(e) The department may provide monetary assistance or additional support services to a relative or designated caregiver for day care without the verification required under Subsection (d) if the department determines the verification would prevent an emergency placement that is in the child's best interest.


(f) If a person who has a family income that is less than or equal to 300 percent of the federal poverty level enters into a caregiver assistance agreement with the department, obtains permanent managing conservatorship of a child, and meets all other eligibility requirements, the person may receive an annual reimbursement of other expenses for the child, as determined by rules adopted by the executive commissioner, not to exceed $500 per year until the earlier of:


(1) the third anniversary of the date the person was awarded permanent managing conservatorship of the child; or


(2) the child's 18th birthday.


Amendments to this section made by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), take effect on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 423 (S.B. 430), Sec. 2, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 426 (S.B. 502), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.202, eff. April 2, 2015.


Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 7, eff. September 1, 2019.


See note following this section.



Sec. 264.7551. FRAUDULENT AGREEMENT; CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense if, with intent to defraud or deceive the department, the person knowingly makes or causes to be made a false statement or misrepresentation of a material fact that allows a person to enter into a caregiver assistance agreement.


(b) An offense under this section is:


(1) a Class C misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received no monetary assistance under the agreement or received monetary assistance under the agreement for less than 7 days;


(2) a Class B misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 7 days or more but less than 31 days;


(3) a Class A misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 31 days or more but less than 91 days; or


(4) a state jail felony if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 91 days or more.


(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


(d) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.


(e) A person who engaged in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty as authorized by this subsection.


(f) The commissioner of the department may adopt rules necessary to determine whether fraudulent activity that violates Subsection (a) has occurred.


Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.


Added by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 2, eff. September 1, 2017.


Sec. 264.756. ASSISTANCE WITH PERMANENT PLACEMENT. The department shall collaborate with the State Bar of Texas and local community partners to identify legal resources to assist relatives and other designated caregivers in obtaining conservatorship, adoption, or other permanent legal status for the child.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Sec. 264.757. COORDINATION WITH OTHER AGENCIES. The department shall coordinate with other health and human services agencies, as defined by Section 531.001, Government Code, to provide assistance and services under this subchapter.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Sec. 264.758. FUNDS. The department and other state agencies shall actively seek and use federal funds available for the purposes of this subchapter.


Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.


Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of this subchapter, a relative or other designated caregiver who becomes verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code, may receive foster care payments in lieu of the benefits provided by this subchapter, beginning with the first month in which the relative or other designated caregiver becomes licensed or is verified.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 8, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(d), eff. September 1, 2009.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 35, eff. September 1, 2017.


See note following this section.



Sec. 264.762. ANNUAL REPORT. Not later than September 1 of each year, the department shall publish a report on the relative and other designated caregiver placement program created under this subchapter. The report must include data on permanency outcomes for children placed with relative or other designated caregivers, including:


(1) the number of disruptions in a relative or other designated caregiver placement;


(2) the reasons for any disruption in a relative or other designated caregiver placement; and


(3) the length of time before a relative or other designated caregiver who receives monetary assistance from the department under this subchapter obtains permanent managing conservatorship of a child.


Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.


Added by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 3, eff. September 1, 2017.


SUBCHAPTER K. PERMANENCY CARE ASSISTANCE PROGRAM



Sec. 264.851. DEFINITIONS. In this subchapter:


(1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(39), eff. September 1, 2015.


(2) "Kinship provider" means a relative of a foster child, or another adult with a longstanding and significant relationship with a foster child before the child was placed with the person by the department, with whom the child resides for at least six consecutive months after the person becomes licensed by the department or verified by a licensed child-placing agency or the department to provide foster care.


(3) "Permanency care assistance agreement" means a written agreement between the department and a kinship provider for the payment of permanency care assistance benefits as provided by this subchapter.


(4) "Permanency care assistance benefits" means monthly payments paid by the department to a kinship provider under a permanency care assistance agreement.


(5) "Relative" means a person related to a foster child by consanguinity or affinity.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(39), eff. September 1, 2015.


Sec. 264.852. PERMANENCY CARE ASSISTANCE AGREEMENTS. (a) The department shall enter into a permanency care assistance agreement with a kinship provider who is eligible to receive permanency care assistance benefits.


(b) The department may enter into a permanency care assistance agreement with a kinship provider who is the prospective managing conservator of a foster child only if the kinship provider meets the eligibility criteria under federal and state law and department rule.


(c) A court may not order the department to enter into a permanency care assistance agreement with a kinship provider unless the kinship provider meets the eligibility criteria under federal and state law and department rule, including requirements relating to the criminal history background check of a kinship provider.


(d) A permanency care assistance agreement may provide for reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child, including attorney's fees and court costs. The reimbursement of the nonrecurring expenses under this subsection may not exceed $2,000.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.


Sec. 264.8521. NOTICE TO APPLICANTS. At the time a person applies to become verified by a licensed child-placing agency to provide foster care in order to qualify for the permanency care assistance program, the department or the child-placing agency shall:


(1) notify the applicant that a background check, including a criminal history record check, will be conducted on the individual; and


(2) inform the applicant about criminal convictions that:


(A) preclude an individual from becoming a verified agency foster home; and


(B) may also be considered in evaluating the individual's application.


Added by Acts 2011, 82nd Leg., R.S., Ch. 318 (H.B. 2370), Sec. 1, eff. September 1, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 36, eff. September 1, 2017.


Sec. 264.853. RULES. The executive commissioner shall adopt rules necessary to implement the permanency care assistance program. The rules must:


(1) establish eligibility requirements to receive permanency care assistance benefits under the program; and


(2) ensure that the program conforms to the requirements for federal assistance as required by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351).


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.


Sec. 264.854. MAXIMUM PAYMENT AMOUNT. The executive commissioner shall set the maximum monthly amount of assistance payments under a permanency care assistance agreement in an amount that does not exceed the amount of the monthly foster care maintenance payment the department would pay to a foster care provider caring for the child for whom the kinship provider is caring.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.


Sec. 264.855. CONTINUED ELIGIBILITY FOR PERMANENCY CARE ASSISTANCE BENEFITS AFTER AGE 18. If the department first entered into a permanency care assistance agreement with a foster child's kinship provider after the child's 16th birthday, the department may continue to provide permanency care assistance payments until the last day of the month of the child's 21st birthday, provided the child is:


(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;


(2) regularly attending an institution of higher education or a postsecondary vocational or technical program;


(3) participating in a program or activity that promotes, or removes barriers to, employment;


(4) employed for at least 80 hours a month; or


(5) incapable of any of the activities described by Subdivisions (1)-(4) due to a documented medical condition.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. October 1, 2010.


Sec. 264.856. APPROPRIATION REQUIRED. The department is not required to provide permanency care assistance benefits under this subchapter unless the department is specifically appropriated money for purposes of this subchapter.


Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.


Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.


SUBCHAPTER L. PARENTAL CHILD SAFETY PLACEMENTS



Sec. 264.901. DEFINITIONS. In this subchapter:


(1) "Caregiver" means an individual, other than a child's parent, conservator, or legal guardian, who is related to the child or has a long-standing and significant relationship with the child or the child's family.


(2) "Parental child safety placement" means a temporary out-of-home placement of a child with a caregiver that is made by a parent or other person with whom the child resides in accordance with a written agreement approved by the department that ensures the safety of the child:


(A) during an investigation by the department of alleged abuse or neglect of the child; or


(B) while the parent or other person is receiving services from the department.


(3) "Parental child safety placement agreement" means an agreement between a parent or other person making a parental child safety placement and the caregiver that contains the terms of the placement and is approved by the department.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.


Sec. 264.902. PARENTAL CHILD SAFETY PLACEMENT AGREEMENT. (a) A parental child safety placement agreement must include terms that clearly state:


(1) the respective duties of the person making the placement and the caregiver, including a plan for how the caregiver will access necessary medical treatment for the child and the caregiver's duty to ensure that a school-age child is enrolled in and attending school;


(2) conditions under which the person placing the child may have access to the child, including how often the person may visit and the circumstances under which the person's visit may occur;


(3) the duties of the department;


(4) the date on which the agreement will terminate unless terminated sooner or extended to a subsequent date as provided under department policy; and


(5) any other term the department determines necessary for the safety and welfare of the child.


(b) A parental child safety placement agreement must contain the following statement in boldface type and capital letters: "YOUR AGREEMENT TO THE PARENTAL CHILD SAFETY PLACEMENT IS NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT."


(c) A parental child safety placement agreement must be in writing and signed by the person making the placement and the caregiver.


(d) The department must provide a written copy of the parental child safety placement agreement to the person making the placement and the caregiver.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.


Sec. 264.903. CAREGIVER EVALUATION. (a) The department shall develop policies and procedures for evaluating a potential caregiver's qualifications to care for a child under this subchapter, including policies and procedures for evaluating:


(1) the criminal history of a caregiver;


(2) allegations of abuse or neglect against a caregiver; and


(3) a caregiver's home environment and ability to care for the child.


(a-1) The department shall expedite the evaluation of a potential caregiver under this section to ensure that the child is placed with a caregiver who has the ability to protect the child from the alleged perpetrator of abuse or neglect against the child.


(b) A department caseworker who performs an evaluation of a caregiver under this section shall document the results of the evaluation in the department's case records.


(c) If, after performing an evaluation of a potential caregiver, the department determines that it is not in the child's best interest to be placed with the caregiver, the department shall notify the person who proposed the caregiver and the proposed caregiver of the reasons for the department's decision, but may not disclose the specifics of any criminal history or allegations of abuse or neglect unless the caregiver agrees to the disclosure.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 12, eff. September 1, 2017.


Sec. 264.904. DEPARTMENT PROCEDURES FOR CLOSING CASE. (a) Before closing a case in which the department has approved a parental child safety placement, the department must develop a plan with the person who made the placement and the caregiver for the safe return of the child to the person who placed the child with the caregiver or to another person legally entitled to possession of the child, as appropriate.


(b) The department may close a case with a child still living with the caregiver in a parental child safety placement if the department has determined that the child could safely return to the parent or person who made the parental child safety placement but the parent or other person agrees in writing for the child to continue to reside with the caregiver.


(c) If the department determines that the child is unable to safely return to the parent or person who made the parental child safety placement, the department shall determine whether the child can remain safely in the home of the caregiver or whether the department must seek legal conservatorship of the child in order to ensure the child's safety.


(d) Before the department may close a case with a child still living in a parental child safety placement, the department must:


(1) determine and document in the case file that the child can safely remain in the placement without the department's supervision;


(2) obtain the written agreement of the parent or person who made the parental child safety placement, if possible;


(3) obtain the caregiver's agreement in writing that the child can continue living in the placement after the department closes the case; and


(4) develop a written plan for the child's care after the department closes the case.


(e) The department is not required to comply with Subsection (d) if the department has filed suit seeking to be named conservator of the child under Chapter 262 and been denied conservatorship of the child.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.


Sec. 264.905. REMOVAL OF CHILD BY DEPARTMENT. This subchapter does not prevent the department from removing a child at any time from a person who makes a parental child safety placement or from a caregiver if removal is determined to be necessary by the department for the safety and welfare of the child as provided by Chapter 262.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.


Sec. 264.906. PLACEMENT PREFERENCE DURING CONSERVATORSHIP. If, while a parental child safety placement agreement is in effect, the department files suit under Chapter 262 seeking to be named managing conservator of the child, the department shall give priority to placing the child with the parental child safety placement caregiver as long as the placement is safe and available.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.

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FAMILY CODE CHAPTER 264. CHILD WELFARE SERVICES

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FAMILY CODE TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP SUBTITLE E. PROTECTION OF THE CHILD CHAPTER 264. CHILD WELFARE SERVICES SUBCHAPTER A. GENERAL PROVISIONS Sec. 264.001. DEFINITIONS.

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On September 13, 2021, the court monitors in M.D. v. Abbott filed a report on safety concerns regarding children without placement and the foster care capacity crisis. The report stated there were substantial risks to children's safety associated with Texas's decision to continue housing children in unregulated settings, such as offices, unlicensed facilities and cottages, or in hotels and motels. The interviews, supervision of DFPS staff and settings, as well as extensive reviews of State records, confirm that by housing children in these unregulated settings, "Texas has assigned children to caregivers who are overburdened and not well-trained to ensure their safety, placing them at an unreasonable risk of serious harm." On September 14, 2021, a judge conducted a hearing in which she responded to DFPS' claim that her orders created the capacity crisis. the judge said the state of Texas was failing to police bad foster care providers and then blaming her orders for a subsequent bed shortage after she forced the state to act.

Citation:
M.D. v. Abbott et al. (2021).

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At the time the complaint was filed, there were 13 named plaintiffs, including M.D. and S.A.

M.D., 16 at the time of the amended complaint, entered foster care at 8. Originally placed with relatives, M.D. was sexually abused by a cousin and returned to state custody. She bounced from placement to placement, many of which were institutions. M.D.'s mental health deteriorated in these settings. At the time of the original complaint, M.D. lived in a restrictive short-term therapeutic placement with no visitors or basic privileges and has since moved to a residential treatment facility.

S.A. entered foster care at 5. While in care, S.A. was shuffled between at least 45 placements. She lived in institutions for six straight years. S.A. did not even experience stability with her caseworkers. She had 28 primary and secondary caseworkers. At the time of the amended complaint, S.A. was living in a treatment center.

U.S. District Judge Janis Graham Jack, U.S. District Court, Southern District of Texas
STATUS: Active
FILED: March 29, 2011
CLASS CERTIFIED: August 27, 2013

Children's Rights, along with co-counsel Haynes & Boone, Yetter Coleman and Canales & Simonson, filed this case against Greg Abbott, in his official capacity as Governor of Texas; Chris Traylor, in his official capacity as the Executive Commissioner of the Health and Human Services Commission of Texas (HHSC); and John J. Specia, Jr, in his official capacity as the Commissioner of the Department of Family and Protective Services (DFPS).

The current structure of Texas's child welfare system gives caseworkers approximately one year, or a maximum of 18 months, to either successfully reunify children with their birth families or find them adoptive homes before they enter "permanent managing conservatorship" or PMC. After entering PMC, many children have little hope for stable, permanent families. Children's Rights brought suit on behalf of all children in Texas PMC. The Amended Complaint alleged violations of the plaintiff children's constitutional rights, including their right not to be harmed while in state custody and their right to familial association. Among the issues described in the complaint:

DFPS has an insufficient number of caseworkers, forcing caseworkers to carry over double the caseload limits under recognized standards, putting children at risk. In 2011, 55 percent of caseworkers had caseloads exceeding 30 children and 24 percent had caseloads exceeding 40 children.

DFPS has an insufficient number and geographic distribution of placement options. In 2011, 55 percent of children were placed outside of their home counties.

Sibling groups are frequently split up.

Due to the insufficient placement array, Texas places children in non-therapeutic and non-emergency group care, despite acknowledging that these homes are too restrictive for children's needs. At homes like these, including foster group homes, children were often not properly supervised, resulting in serious safety incidents.

Children experience too many placement moves. As of August 2011, 35 percent of children in PMC had already been in five or more placements.

DFPS fails to enforce compliance with licensing standards, relying heavily on child placing agencies and residential facilities to verify their own compliance.

Children languish in care without permanent homes. In state Fiscal Year 2011, 1,202 children in PMC "aged out" of foster care (typically at age 18) without a permanent home, representing 17.5 percent of all children exiting PMC.

On the road to trial, the case encountered obstacles as the law surrounding class certification changed with the Supreme Court decision in Wal-Mart v. Dukes. The class was certified in the District Court, but Defendants brought a petition for interlocutory review of the class certification order to the Fifth Circuit Court of Appeals. The Fifth Circuit reviewed the case and vacated the District Court order.

In response, Children's Rights filed the amended complaint creating a general class of children who will be or are in PMC of DFPS and four subclasses. These subclasses include: (1) all members of the general class who are now or will be in a licensed or verified foster care placement; (2) all members of the general class in a foster group home; (3) all members of the general class in a general residential operation and are receiving solely non-emergency, basic child care services; and (4) all members of the general class who are in an unverified kinship placement. In accordance with the Fifth Circuit ruling, the District Court Judge filed an Order recertifying the class and subclasses. Another attempted appeal by Defendants was rejected and dismissed by the Fifth Circuit.

Children's Rights and co-counsel worked diligently to prepare for a December 2014 trial. And in December 2015, U.S. District Judge Janis Graham Jack ruled in favor of plaintiff children, declaring Texas must make targeted changes to its foster care system to improve thousands of young lives.

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U.S. District Judge Janis Graham Jack, U.S. District Court, Southern District of Texas STATUS: Active FILED: March 29, 2011 CLASS CERTIFIED: August 27, 2013 Children's Rights, along with co-counsel Haynes & Boone, Yetter Coleman and Canales & Simonson, filed this case against Greg Abbott, in his official capacity as Governor of Texas; Chris Traylor, in his [...]

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Education in Foster Care:
-Increase cross-system awareness
-Build partnerships: courts, child welfare, and education
-Educate yourself about the Foster Care System
-Know your responsibility and expectations as a District Foster Care Liaison
-Identifying students and painting confidentiality
-School Enrollment for students in foster care
-Promoting school stability and effective transfers

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Foster Care & Student Success, housed in Texas Education Agency's Division of Federal and State Education Policy maintains resources and information to advance the education of student's impacted by foster care. The resources and materials provide guidance related to the unique circumstances surrounding students who are in the foster care system and attend Texas public schools. In Texas, nearly 16,000 school-age students are in foster care at any given time.

The Foster Care & Student Success web content is divided into the following areas:

Foster Care & Student Success Resource Guide

TEA developed a premiere resource to support Texas schools in addressing the education of students in foster care: Texas Foster Care & Student Success Resource Guide (PDF). This guide is the product of collaboration with the Texas Department of Family and Protective Services, the Supreme Court of Texas, and the Permanent Judicial Commission for Children, Youth and Families (Children's Commission). This e-guide and training manual contains a variety of key researched-based topics and calls attention to important matters related to the education of students in foster care. The guide promotes best practices and contains numerous tips, tools, resources and links to more information.

TEA desires that the guide be widely used and distributed! Please share with your districts, schools and networks. The guide is available in a variety of formats.

Guide Formats

You can download the complete resource guide below:

Individual chapter downloads are also available:

Foster Care & Student Success Resource Guide - Content Sections

The School Experience: Providing Student Support, Implementing Academic
Supports and Interventions & Promoting High School Completion

1.3 MB

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Foster Care & Student Success, housed in Texas Education Agency's Division of Federal and State Education Policy maintains resources and information to advance the education of student's impacted by foster care. The resources and materials provide guidance related to the unique circumstances surrounding students who are in the foster care system and attend Texas public schools.

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The ASCA (2018) outlines the role of the school counselor when implementing programs to meet the social, emotional, career, and academic needs of all students.  It is the duty of the school counselor to realize that some students and their situations are at a higher risk, youth in foster care tend to be high risk due to being underserved and over-looked (American School Counselors Association, 2018).

Provide students with a stable learning enviroment

Effective communication between schools during transitions

Promote resilience and identify protective factors

Collaborate with foster/biological family and community stakeholders

Display awareness of the challenges students face

Inform students of resources available to help students access postsecondary training opportunities

Reference:
American School Counselors Association. (2018). The school counselor and supporting students in foster care - american school counselor association (asca). American school counselors association. https://schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Supporting-Students-in-Fo

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The School Counselor and Supporting Students in Foster Care

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School counselors recognize students in the foster care system are resilient, have many strengths and may require additional support in obtaining resources, social/emotional care, academic planning and college/career guidance. School counselors recognize it is their duty to be knowledgeable about legislation, resources and needs for students in foster care.

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Even as a new counselor, I have seen first hand the impact foster care has on a child's social, emotional, career, and academic development and success.  I have also seen how these children slip through the cracks of the educational system and do not receive the proper services.  In the state of Texas, our foster care system is flawed and need of new laws and mandates.  It is crucial that we will these students be successful despite their tough upbringing and constant obstacles they face.  These students need counselors and educators more than ever to be their advocate for change.  The Texas Education Agency and the American School Counselors Association has some great tools and resources readily available to help counselors and educators see the needs of this specific student population. Understanding the legal and ethical resources already in place for foster care students gives school counselors step by step details of the steps we are to be taking when helping these students.

Through communication and resources school counselors must try to promote resilience and foster a stable environment. In order for foster students to be successful, school counselors must work collaboratively with all stakeholders involved. You must also build a relationship based on trust, stability, and consistency.

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Arlington Independent School District has a page on their district website about Education and Students in Foster Care. This website not only lists the Federal and State Laws that deal with foster care and education, but it has resources, frequently asked questions, and programs and services provided to these specific student population.
Reference:
Sisk, T. (n.d.). Education and students in foster care. Arlington ISD. https://www.aisd.net/district/departments/academic-services/transformational-learning/social-and-emotional-learning/student-outreach-services/education-and-students-in-foster-care/

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Federal Law

Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351 - Federal law that directs child welfare agencies to ensure education stability for children and youth in foster care, including coordination among child welfare and education agencies to ensure education stability for students in foster care.

State Law
Texas Education Code addressing students in foster care:

Data sharing and data collection requirements in PEIMS - TEC § 7.029 (Chapter 1 (PDF), p. 16; Chapter 5 (PDF), pgs. 45-46)

Immediate school enrollment without records - TEC § 25.002(g) (Chapter 7 (PDF), p. 56)

Attendance in the school the student was enrolled immediately before entering conservatorship, even when placed outside of the district attendance zone, until the student successfully completes the highest grade level offered by the school - TEC § 25.001(g) (Chapter 8 (PDF), p. 62)

Excused absences for court-ordered appointments - TEC § 25.087 (Chapter 10 (PDF), p. 75)

11th or 12th grade student who transfers to a new school district and does not meet the graduation requirements of the new school district may request a diploma from the former school district, when on-track to graduate at the previous school - TEC § 28.025 (Chapter 9 (PDF), p. 92)

Free eligibility for PRE-K - TEC § 29.153(b)(6) (Chapter 10 (PDF), p. 74)

Accelerated instruction (at-risk indicators and compensatory education) - TEC § 29.081(d)(11) (Chapter 6 (PDF), p. 51; Chapter 11 (PDF), pgs. 82-83)

Free lifetime college tuition and fees waiver. The waiver is activated when a student enrolls in dual credit or another course where a student may earn college credit- TEC § 54.366 - (Chapter 13 (PDF), pgs. 104-106)

School districts and open enrollment charter schools are required to appoint a Foster Care Liaison and notify TEA of their Foster Care Liaison appointment - TEC § 33.904 (Chapter 5 (PDF), p. 44)

Transition Assistance from one school to another of students in foster care - TEC § 25.007 (Chapter 11 (PDF), pgs. 84-91).

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Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351 - Federal law that directs child welfare agencies to ensure education stability for children and youth in foster care, including coordination among child welfare and education agencies to ensure education stability for students in foster care.