Texas HB 793 (2023): Choosing Your Own Provider for a CPS Service Plan

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

The short answer

HB 793 lets a parent who must complete a DFPS "service plan" (the plan DFPS files in a CPS court case listing the services a parent must do) choose their own qualified or licensed provider. The services must fit the plan's goals and can be online. DFPS must pay a provider it has no contract with the average cost for that service in the parent's region.

What it changes

HB 793 adds a new section to the Texas Family Code, Section 263.1021, "Selection and Reimbursement of Service Provider."

• You may pick the provider. A parent who must complete a service plan may get the services from a qualified or licensed provider the parent selects.
• The services must match the plan. Services from a provider you choose must be designed to meet the stated goals of the service plan.
• Online services count. The services may be provided through an electronic communication platform.
• Written proof of completion. The provider you choose must certify in writing whether you satisfactorily completed the service.
• DFPS pays. If the provider is not under contract with DFPS, DFPS must reimburse the provider an amount equal to the average cost of that service from DFPS contractors in the region where you live.
• Rules. DFPS had to adopt rules on how these providers are paid by December 1, 2023, and must carry out the section with existing resources.

The new section applies only to DFPS court cases filed on or after September 1, 2023. Cases filed earlier follow the old law.

According to the Senate Research Center's analysis of the House-passed bill, the bill's purpose was that DFPS required parents to use state-contracted providers to complete court-ordered services before they could reunite with their children.

HB 793 covers service plans. A different section, Tex. Fam. Code §264.2031(a), covers people ordered into services under Family Code §264.203 and also lets them use a qualified provider they select. See Court-Ordered Services in Texas CPS Cases (Family Code §264.203).

Which laws it affects

• Family Code §263.1021 (new): a parent's choice of provider for service plan services, and DFPS reimbursement.
• Related but not changed by this bill: Tex. Fam. Code §264.2031, provider choice for services ordered under Tex. Fam. Code §264.203.

Related

• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Your Right to a Lawyer in a Texas CPS Case
• Texas HB 3041 (2021): Family Preservation Services Instead of Removal: the 2021 law that added Section 264.2031
• Texas SB 1398 (2025): Family Preservation, Placement Limits and Community-Based Care: the 2025 law that changed who pays under Section 264.2031