Texas § FA.262.406 - COURT ORDER

§ FA.262.406. COURT ORDER

COURT ORDER. (a) Except as provided by Subsection (d), at the conclusion of the hearing in a suit filed under Section 262.404 , the court shall order the department to provide family preservation services and to execute a family preservation services plan developed in collaboration with the family of the child who is a candidate for foster care if the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that: (1) abuse or neglect occurred or there is a substantial risk of abuse or neglect or continuing danger to the child's physical health or safety caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; (2) family preservation services are necessary to ensure the child's physical health or safety; and (3) family preservation services are appropriate based on the child's safety risk assessment and the child's family assessment. (b) The court's order for family preservation services must: (1) identify and require specific services narrowly tailored to address the factors that make the child a candidate for foster care; and (2) include a statement on whether the services to be provided to the family are appropriate to address the factors that place the child at risk of removal. (c) The court may, in its discretion, order family preservation services for a parent whose parental rights to another child were previously terminated. (d) If the court finds, by clear and convincing evidence, that the parent has subjected the child to aggravated circumstances described by Section 262.2015 , the court may order that family preservation services not be provided. Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041 ), Sec. 2, eff. September 1, 2021.