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Texas Family Code - FAM § 262.1095. Information Provided to Relatives and Certain Individuals; Investigation

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department:

(1) shall provide information as prescribed by this section in writing to each adult the department is able to identify and locate who is:

(A) related to the child within the fourth degree by consanguinity as determined under Chapter 573, Government Code;

(B) an adult relative of the alleged father of the child if the department has a reasonable basis to believe the alleged father is the child's biological father; or

(C) identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307; and

(2) may provide information as prescribed by this section to each adult the department is able to identify and locate who has a long-standing and significant relationship with the child.

(b) The information provided under Subsection (a) must:

(1) state that the child has been removed from the child's home and is in the temporary managing conservatorship of the department;

(2) explain the options available to the individual to participate in the care and placement of the child and the support of the child's family, the methods by which the individual may exercise those options, and any requirements the individual must satisfy to exercise those options, including:

(A) the requirement that the individual be evaluated by the Department of Family and Protective Services under Section 262.114 before the individual may serve as a substitute caregiver; and

(B) the deadlines before which the individual must respond to exercise those options;

(3) identify the options available to the individual that may be lost if the individual fails to respond in a timely manner;

(4) include, if applicable, the date, time, and location of the hearing under Subchapter C, Chapter 263  1; and

(5) include information regarding the procedures and timeline for a suit affecting the parent-child relationship under this chapter.

(c) The department is not required to provide information to an individual if the individual has received service of citation under Section 102.009 or if the department determines providing information is inappropriate because the individual has a criminal history or a history of family violence.

(d) The department shall use due diligence to identify and locate all individuals described by Subsection (a) not later than the 30th day after the date the department files a suit affecting the parent-child relationship. In order to identify and locate the individuals described by Subsection (a), the department shall seek information from:

(1) each parent, relative, and alleged father of the child; and

(2) the child in an age-appropriate manner.

(d-1) Immediately after the Department of Family and Protective Services identifies and locates an individual described by Subsection (a)(1), the department shall provide the information required by this section.

(e) The failure of a parent or alleged father of the child to complete the proposed child placement resources form does not relieve the department of its duty to seek information about the person under Subsection (d).

1 V.T.C.A., Family Code § 263.201 et seq.
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Cite this article: FindLaw.com - Texas Family Code - FAM § 262.1095. Information Provided to Relatives and Certain Individuals; Investigation - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-262-1095/

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