Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services

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

The short answer

HB 567 changed several basic rules in Texas CPS cases. It narrowed what counts as "neglect," limited the reasons DFPS can use to remove a child, made courts look first to a parent who did not cause the problem and then to relatives, and rewrote the rules for court-ordered services. The official record shows it was filed without the Governor's signature and took effect September 1, 2021.

What it changes

A narrower definition of neglect. HB 567 rewrote the Family Code definition of neglect in Tex. Fam. Code §261.001(4). Neglect now means an act or failure to act that shows "blatant disregard" for the consequences and that harms the child or creates an "immediate danger" to the child's physical health or safety. The bill also swapped "substantial risk" for "immediate danger" in the related parts of the definition. Neglect does not include letting a child do independent activities that fit the child's maturity, physical condition, abilities or culture. Later laws added more items to this "does not include" list, such as getting a second medical opinion.

Limits on removal and termination. "Removal" (taking possession) means DFPS taking a child out of the home. The Family Code lists things DFPS may not use as the basis for taking a child. HB 567 added two: letting a child do age-appropriate independent activities, and a parent's positive marijuana test. The marijuana limit has an exception when DFPS has evidence that the parent's use has caused significant impairment to the child's physical or mental health or emotional development. For ending parental rights ("termination"), the bill says evidence of listed things, such as homeschooling, being economically disadvantaged, or allowing age-appropriate independent activities, is not by itself clear and convincing evidence sufficient for termination. See CPS Drug Testing in Texas: What DFPS Policy Says.

The full adversary hearing. At the end of the full adversary hearing in a DFPS removal case, the judge must return the child unless the judge makes specific findings. One required finding is that reasonable efforts were made to let the child go home, but there is a substantial risk of continuing danger if the child goes home.

A parent who did not cause the problem comes first. If the child is not returned, and another parent or custodian did not cause the danger and was not the alleged perpetrator, the court must give that person possession. The exceptions are if the person cannot be found after diligent effort, cannot or will not take the child, or would put the child in continuing danger even after reasonable efforts. If no parent or custodian gets the child, the court must place the child with a relative unless that is not in the child's best interest.

Return at permanency hearings. At each permanency hearing before the final order, the court must order DFPS to return the child unless it finds, for each parent, a continuing danger and that return would be contrary to the child's welfare.

Time limits and extensions. If a parent made a good faith effort to finish the service plan but needs more time, and the court plans to return the child when the plan is done, that counts as "extraordinary circumstances" for keeping the case open. Once a timely trial starts, the court must issue a final order within 90 days. A party may file a mandamus proceeding (a request asking a higher court to step in) if the court misses that deadline.

Court-ordered services. HB 567 rewrote Tex. Fam. Code §264.203, the law that lets DFPS ask a court to order a family into services. Under the new version:

• DFPS must file a suit, supported by a sworn affidavit based on personal knowledge.
• The court must hold a hearing within 14 days after filing, with up to 14 more days for good cause.
• The court must appoint an attorney ad litem (a court-appointed lawyer) for a parent whose participation is requested, before the hearing.
• The court must deny the petition unless the evidence shows abuse, neglect, a substantial risk or a continuing danger, and that services are necessary.
• Ordered services must be specific and narrowly tailored to the court's findings.
• A household member the court finds did not cause the danger, or was not the alleged perpetrator, may not be required to take part.
• The order expires 180 days after it is signed unless the court extends it, and anyone affected may ask the court to end it at any time.

See Court-Ordered Services in Texas CPS Cases (Family Code §264.203) and Your Right to a Lawyer in a Texas CPS Case.

Pleading rules. DFPS petitions and motions in termination suits are now subject to Chapter 10 of the Civil Practice and Remedies Code and Rule 13 of the Texas Rules of Civil Procedure. The Senate Research Center's analysis of the House-passed bill describes this as making CPS cases subject to the same pleading requirements as other civil cases.

Repeals and timing. The bill repealed several provisions on advisory hearings and non-emergency removals. Its changes apply only to DFPS suits filed on or after September 1, 2021.

Which laws it affects

• Tex. Fam. Code §261.001(4): the definition of neglect.
• Tex. Fam. Code §264.203: court-ordered participation in services. HB 730 (2023) later amended this section again.
• Family Code §161.001(c) and §161.101: termination evidence and DFPS petitions.
• Family Code §262.116: things DFPS may not use as the basis for taking a child.
• Family Code §262.201: the full adversary hearing.
• Family Code §263.002, §263.401, §263.403 and new §263.4011: permanency hearings, extensions and final orders.
• Family Code §107.003 and §107.004: duties of a child's attorney ad litem.
• Repealed: Family Code §262.113, §262.1131 and §262.201(b) and (j).

Related

• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Your Right to a Lawyer in a Texas CPS Case
• CPS Drug Testing in Texas: What DFPS Policy Says
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Texas HB 730 (2023): Rights Notices, Investigation Limits and Safety Placements: the 2023 law that changed court-ordered services and investigations again
• Texas HB 1151 (2025): Refusing Psychotropic Medication Is Not Neglect by Itself: the 2025 law that added more items to the neglect definition's exclusions
• Texas SB 999 (2017): CPS Removal Procedures and the Full Adversary Hearing: the 2017 law on removal procedures and the full adversary hearing