Texas HB 3041 (2021): Family Preservation Services Instead of Removal

This bill is law. It took effect September 1, 2021.

The short answer

HB 3041 set up a DFPS pilot program for "family preservation services." These are time-limited, family-focused services ordered by a court so a child at imminent risk of removal can stay safely at home or with kin instead of going into foster care. The bill also added Family Code §264.2031, which lets a person ordered into services choose a qualified provider. The Governor signed it on June 4, 2021.

What it changes

A pilot program as an alternative to removal. DFPS must run a pilot that lets it close an investigation by referring a family to family preservation services, so the child can go home instead of entering foster care. The pilot runs in two CPS regions, one urban and one rural.

Who it covers. The bill uses the term "child who is a candidate for foster care." That means a child at imminent risk of being removed from home and placed in DFPS conservatorship (state legal custody), for whom a court has allowed the child to stay safely at home or in a kinship placement with these services.

A court order is required. DFPS must get a court order to require a family to take part. Its petition needs a sworn affidavit and a safety risk assessment of the child. The court must hold a hearing within 14 days after filing, with up to 14 more days for good cause.

A lawyer for the parent. The court must appoint an attorney ad litem (a court-appointed lawyer) for a parent whose participation is requested, before the hearing. In the pilot, DFPS must use Title IV-E funds to pay for parents' legal representation, or to reimburse counties for it. See Your Right to a Lawyer in a Texas CPS Case.

A tailored, written plan. The court's order must require specific services narrowly tailored to the reasons the child is at risk. DFPS and the family then write a family preservation services plan. It must be clear, easy to understand, and in a language the person understands.

Time limits and reviews. The plan lasts until the 180th day after the court's order is signed unless the court renews it. A person subject to the plan may ask the court at any time to change or revoke it. The court must hold review hearings every 90 days, and when the order expires the court must dismiss the case.

Choosing your own provider. A person ordered into family preservation services may use a qualified or licensed provider they choose. HB 3041 also added Tex. Fam. Code §264.2031 for the regular court-ordered services in Tex. Fam. Code §264.203. Under it, a person ordered into services may get them from a qualified provider they select, and DFPS must accept the provider's verification as proof the services were completed. As passed in 2021, the person who chose their own provider paid for it. The current text of Tex. Fam. Code §264.2031(b) puts the cost only on a person who is not a parent. See Court-Ordered Services in Texas CPS Cases (Family Code §264.203).

Notice to relatives after a removal. When DFPS takes possession of a child, it must give written information to relatives, including people named on the child placement resources form. The information must explain the steps and timeline of the case. DFPS must give it immediately after it finds the relative.

Later changes. In 2025, SB 1398 expanded the definition of family preservation services to also cover a household member who is under a §264.203 services order. This page describes HB 3041 as it passed in 2021; check the current Family Code for later changes.

Which laws it affects

• Family Code Chapter 262, new Subchapter F (§§262.401–262.417): the family preservation services pilot program.
• Family Code §262.1095: information DFPS gives relatives when it takes possession of a child.
• Family Code §263.202(b): the status hearing review of the service plan.
• Tex. Fam. Code §264.2031 (new): selecting a service provider for court-ordered services. SB 1398 (2025) later amended it.

Related

• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Your Right to a Lawyer in a Texas CPS Case
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Texas SB 1398 (2025): Family Preservation, Placement Limits and Community-Based Care: the 2025 law that changed family preservation services and provider payment
• Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services: the 2021 law that rewrote court-ordered services
• Texas HB 793 (2023): Choosing Your Own Provider for a CPS Service Plan: the 2023 law on choosing and paying service providers under a service plan