Texas Family Code

§ 263.4012 — PROHIBITING DISMISSAL AND RETAINING JURISDICTION WHEN CHILD IS MISSING

FA § 263.4012Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES · Art. E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE

Statute text

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(a)Notwithstanding Section 263.401, if the court finds the child is missing from the child's substitute care provider, the court shall retain jurisdiction and schedule a new dismissal date that is 180 days after the last dismissal date. The court may not dismiss the case until the earlier of the date the child is found or the date on which the child would no longer be eligible to receive department services or benefits.

(b)If the court retains jurisdiction under Subsection (a) but does not commence the trial on the merits before the dismissal date, the court's jurisdiction over the suit is terminated and the suit is automatically dismissed without a court order.

Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 875 (S.B. 2165), Sec. 1, eff. September 1, 2025.