Texas HB 1087 (2023): Removal Papers Must Spell Out 'Reasonable Efforts'

This bill is law. It took effect September 1, 2023.

The short answer

HB 1087 makes DFPS and judges write down, in a separate section, the "reasonable efforts" made to keep a child safely at home before a removal. It covers DFPS's sworn affidavits, the court's early orders, and the findings after the full adversary hearing. It also says a court may not end parental rights in a DFPS case without specific written findings about efforts to return the child, unless those efforts were waived.

What it changes

"Reasonable efforts" means steps, consistent with the circumstances and the child's safety, to prevent or eliminate the need to remove the child. Under Family Code §262.101, as HB 1087 restates it, DFPS's affidavit must state facts showing those efforts were made. HB 1087 requires much more detail at each stage.

DFPS's affidavits. An affidavit is a sworn written statement filed with a petition. When DFPS asks a court for permission to take a child before any hearing, its affidavit must now describe "with specificity in a separate section" all the reasonable efforts made to prevent removal. The same rule applies to the affidavit DFPS files after taking a child in an emergency without a court order.

The court's early orders. When a judge signs a temporary order, temporary restraining order, or attachment under Family Code §262.102(a) letting DFPS take a child, the order itself must describe the reasonable efforts in a separate section. When DFPS has taken a child without a court order, the court holds an initial hearing and must order the child's return unless certain conditions are shown. If the judge does not send the child home at that hearing, the judge must describe the reasonable efforts in writing, in a separate section.

The full adversary hearing. If, at the end of the full adversary hearing, the court issues an order under Family Code §262.201(g) or (g-1), it must describe in writing, in a separate section, the reasonable efforts made to let the child return home and the substantial risk of continuing danger if the child returns. See Texas SB 999 (2017): CPS Removal Procedures and the Full Adversary Hearing for more on this hearing.

Termination. In a DFPS suit to end parental rights, the court may not order termination under the grounds in Family Code §161.001(b)(1) unless it finds by clear and convincing evidence, and writes with specificity in a separate section, one of two things:

1. DFPS made reasonable efforts to return the child before trial, and a continuing danger in the home still prevents return; or
2. reasonable efforts, including the family service plan, were waived under Family Code §262.2015.

When DFPS made reasonable efforts but danger prevented return, the termination order must describe those efforts with specificity. The Senate passed the bill with amendments, and the House concurred in them.

According to the Senate Research Center's analysis of the House-passed bill, federal law has required reasonable efforts since the Adoption Assistance and Child Welfare Act of 1980. The bill's purpose was to make DFPS affidavits describe each effort made before removing a child.

The changes apply to cases filed on or after September 1, 2023.

Which laws it affects

• Family Code §161.001(f) and (g) (new): reasonable-efforts findings before termination in a DFPS suit.
• Family Code §262.101(b) and §262.105(c) (new): what DFPS affidavits must describe.
• Family Code §262.102(e) and §262.107(c) (new): what the court's emergency orders and initial-hearing findings must describe.
• Family Code §262.201(g-2) (new): written findings after the full adversary hearing.

Related

• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Your Right to a Lawyer in a Texas CPS Case
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• 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 removal standards and the neglect definition
• Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices: the 2025 law on confirming rights notices before the full adversary hearing