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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER MSUBSTITUTE-CARE SERVICES
DIVISION 1GENERAL
RULE §700.1323Under what circumstances does DFPS develop a family service plan and what are the requirements for the plan?

(a) DFPS must develop an initial family service plan unless the court has waived the requirement for a service plan as provided under the following provisions of the Texas Family Code:

  (1) §262.2015, based on a finding that the parent has subjected the child to aggravated circumstances; or

  (2) §263.1015, based on a finding that the child was abandoned without identification and the child's identity cannot be determined.

(b) The family service plan must meet all the service plan requirements under Chapter 263, Texas Family Code, including requirements for parental participation in the development of the plan and any subsequent reviews and updates of the plan.

(c) If DFPS locates a parent whose identity or location was previously unknown despite due diligence, DFPS must develop an initial family service plan with such parent within 45 days of learning the parent's whereabouts.

(d) DFPS is no longer required to develop a family service plan for any parent whose rights to a child in substitute care have been terminated.

(e) Following a final order awarding permanent managing conservatorship to DFPS without termination of parental rights, DFPS may continue to develop a family service plan that is consistent with the child's permanency goals and any orders of the court, but is not required to develop a service plan for a parent who is no longer involved in the life of the child.


Source Note: The provisions of this §700.1323 adopted to be effective August 1, 2012, 37 TexReg 5632

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