Texas HB 7 (2017): CPS Court Case Reforms

This bill is law. It took effect September 1, 2017.

The official bill history adds two exceptions. Section 41 took effect September 1, 2018. Sections 14, 22, 41 and 69 were to take effect only if the Legislature set aside money for them in that session's budget.

The short answer

HB 7 changed many parts of Texas CPS court cases. The author's statement in the Senate Research Center's analysis calls it an omnibus bill that touches nearly every part of these cases. For parents, key changes include limits on removal and termination, a good-faith defense, early access to some DFPS evidence, and automatic dismissal after one year. This page describes the bill as it passed in 2017. Later laws may have changed or renumbered these sections.

What it changes

Limits on removal and termination. "Termination" means a court permanently ending the legal relationship between parent and child. Under HB 7, a court may not order termination based on evidence that the parent:

• homeschooled the child;
• is economically disadvantaged (low income);
• was charged with a nonviolent misdemeanor, other than offenses under Penal Code Title 5 or Title 6 or offenses involving family violence;
• gave the child low-THC cannabis prescribed for that child; or
• declined the child's immunizations for reasons of conscience, including a religious belief.

DFPS also may not take possession of (remove) a child based on evidence of those same things. DFPS must train CPS caseworkers on these limits. The bill does not stop DFPS from gathering or offering this kind of evidence as part of a removal or termination case.

A good-faith defense. One ground for termination, in Family Code §161.001(b)(1)(O), is when a parent fails to follow certain court orders. HB 7 says a court may not terminate on that ground for breaking a specific part of an order if the parent proves three things by a "preponderance of the evidence" (more likely than not): the parent was unable to comply, the parent made a good faith effort, and the failure was not the parent's fault.

Each parent judged separately. When DFPS asks to end the rights of more than one parent, the court may terminate a parent's rights only on "clear and convincing evidence" of grounds for that parent.

Voluntary placements. If a parent agrees to place a child temporarily in DFPS's legal custody, that agreement is not an admission that the parent endangered the child.

Seeing some evidence early. If the parent's lawyer (or the child's lawyer) asks, DFPS must provide, before the full adversary hearing:

• the names of witnesses it will call, other than DFPS employees;
• a copy of any offense report that will be used to refresh a witness's memory; and
• a copy of any photo, video or recording it will present.

Time to hire a lawyer. If a parent who is not indigent opposes the case, the court may, for good cause, postpone the full adversary hearing up to seven days. This gives the parent time to hire a lawyer, or gives the lawyer time to prepare. See Your Right to a Lawyer in a Texas CPS Case.

Relatives and caregivers. At each hearing in a removal case, the judge must review the placement of a child who is not with a relative or designated caregiver, and state whether DFPS has the option of such a placement. At each permanency hearing before the final order, the judge must decide whether returning the child home is safe, appropriate and in the child's best interest. The judge must also let the child's caregiver, if present, speak about the child.

Automatic dismissal after one year. Unless trial has started or an extension was granted, a DFPS case is automatically dismissed after the one-year date, without a court order. The court must tell all parties the dismissal date at least 60 days ahead. If the judge finds "extraordinary circumstances," the case can be kept up to 180 more days.

Going home in steps. The court can keep the case open, instead of dismissing it, if it orders DFPS to return the child or to move the child home on a schedule while the parent finishes the service plan. DFPS or the parent can ask for six more months so the parent can finish what the plan requires for the child's return.

Which cases. Most changes apply only to cases filed on or after September 1, 2017. The dismissal changes also apply to cases already pending in a trial court on that date.

Parts that depended on funding. Some sections were to take effect only if the Legislature paid for them, including a new DFPS protective order for children and a rule against most "ex parte" hearings (hearings where only one side is present). The official sources saved for this page do not say whether that money was provided.

Which laws it affects

• Family Code §161.001(c)–(e) and §161.206(a-1): termination limits, the good-faith defense, and separate findings for each parent.
• Family Code §262.0022, §262.013, §262.014 and §262.116: placement review, voluntary placements, early disclosure of evidence, and limits on removal (all new).
• Family Code §262.201: postponing the full adversary hearing.
• Family Code §263.002, §263.0021, §263.401, §263.402 and §263.403: permanency hearings, caregiver testimony, automatic dismissal and monitored return.

None of these sections is in this site's law library yet, so they are named here in plain text.

Related

• Your Right to a Lawyer in a Texas CPS Case
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Texas SB 999 (2017): CPS Removal Procedures and the Full Adversary Hearing: the 2017 law on removal procedures and hearings
• Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services: the 2021 law on neglect, removal and termination
• Texas HB 4 (2017): Payments for Relative and Kin Caregivers: the 2017 law on payments to relative caregivers
• Texas HB 3390 (2019): Finding Relatives and Family Friends to Care for a Child: the 2019 law on finding relatives and other caregivers