Court-Ordered Services in Texas CPS Cases (Family Code §264.203)

The short answer

Texas Family Code §264.203 lets DFPS file a suit asking a court for a temporary order that requires a parent or household member to take part in services Tex. Fam. Code §264.203(a). The court must hold a hearing within 14 days after the petition is filed, unless it finds good cause to extend that date by no more than 14 days Tex. Fam. Code §264.203(f). The judge must deny the petition unless the evidence meets the standard in subsection (m) Tex. Fam. Code §264.203(m). An order expires on the 180th day after it is signed unless the court extends it Tex. Fam. Code §264.203(q).

Who can be ordered into services, and for what?

DFPS can ask the court to order a parent, managing conservator, guardian, or other member of the child's household to take part in services Tex. Fam. Code §264.203(a). (Conservatorship is the Texas legal word for custody TexasLawHelp.org, "I want help and information on dealing with Child Protective Services".) The services must be for one of three purposes Tex. Fam. Code §264.203(a):

• easing the effects of abuse or neglect that has occurred;
• reducing a continuing danger to the child's physical health or safety caused by something one of those people did or failed to do; or
• reducing a substantial risk of abuse or neglect caused by something one of those people did or failed to do.

The order can also require that the child and the child's siblings be allowed to receive the services Tex. Fam. Code §264.203(a).

DFPS may file in a court that can hear the suit in the county where the child is located Tex. Fam. Code §264.203(b). The petition (DFPS's written request) must be backed by a sworn affidavit from a person with personal knowledge. The affidavit must state facts that would support a finding of abuse, neglect, or substantial risk, and of a continuing danger to the child unless the person takes part in services Tex. Fam. Code §264.203(d).

A services suit is not a removal case. The court may make certain temporary orders, but it may not place the child outside the child's home or in DFPS conservatorship Tex. Fam. Code §264.203(e) Tex. Fam. Code §264.203(n).

When is the hearing, and do I get a lawyer?

The court must hold a hearing on the petition no later than the 14th day after it is filed. It may push that date back by no more than 14 days, and only if it finds good cause Tex. Fam. Code §264.203(f). No order can be made without notice and a hearing Tex. Fam. Code §264.203(l).

Right after the filing, and before the hearing, the court must appoint an attorney ad litem (a court-appointed lawyer) for each parent whose participation is requested, and one for the child Tex. Fam. Code §264.203(h) Tex. Fam. Code §264.203(g). Before the hearing starts, the court must tell each parent about the right to a lawyer. It must also tell a parent who is indigent and opposes the request about the right to a court-appointed lawyer Tex. Fam. Code §264.203(i). Being indigent generally means you have a low income and cannot afford a lawyer TexasLawHelp.org, "I want help and information on dealing with Child Protective Services". See Your Right to a Lawyer in a Texas CPS Case for who pays.

What must the judge find before ordering services?

At the end of the hearing, the judge must deny the petition unless there is enough evidence to satisfy "a person of ordinary prudence and caution" of two things Tex. Fam. Code §264.203(m):

1. abuse or neglect has occurred, or there is a substantial risk of abuse or neglect or a continuing danger to the child's physical health or safety, caused by something a parent, managing conservator, guardian, or household member did or failed to do; and
2. services are necessary to ensure the child's physical health or safety.

If the judge grants the petition, the order must state the judge's findings and order participation in "specific services narrowly tailored to address the findings" Tex. Fam. Code §264.203(n). The judge may not order a person into services if the court finds that the person did not cause the danger or risk, or was not the perpetrator of the abuse or neglect alleged Tex. Fam. Code §264.203(o).

How long does the order last, and can it be extended?

An order expires on the 180th day after the date it is signed, unless the court extends it Tex. Fam. Code §264.203(q). The court must hold a review hearing no later than the 90th day after it renders (makes) the order, then set review hearings every 90 days to review whether the order is still needed Tex. Fam. Code §264.203(p). Note the two starting points: review hearings count from the day the order is rendered, and the 180 days count from the day it is signed.

There are two kinds of extension:

• First extension. After notice and a hearing, the court may extend the order if DFPS shows a continuing need for it. Apart from the second extension below, the court may extend only one time, for not more than 180 days Tex. Fam. Code §264.203(r).
• Second extension. The court may extend for not more than an additional 180 days only if you or your attorney asks for it, and the court finds all four of these Tex. Fam. Code §264.203(s):
• the extension is needed to give you time to complete the services;
• DFPS made a good faith effort to provide the services on time;
• you made a good faith effort to complete them; and
• completing them is necessary to ensure the child's physical health and safety.

If a court-ordered services case is successfully completed and risk is reduced, DFPS policy says the right closing code is Risk is Reduced in the Family DFPS CPS Handbook §12750. See Family-Based Safety Services (FBSS) in Texas: What Families Should Know.

Can I ask the judge to end the order early?

Yes. At any time, a person affected by the order may ask the court to terminate it, and the court must terminate the order if it finds the order is no longer needed Tex. Fam. Code §264.203(t). You do not have to wait for a review hearing to ask.

Can I choose my own provider, and how do I prove I finished?

Yes. A parent, managing conservator, guardian, or household member ordered into services may get them from a qualified provider the person selects Tex. Fam. Code §264.2031(a). A person who is not a parent and uses a provider of their own choosing is responsible for the cost Tex. Fam. Code §264.2031(b).

When you successfully complete the services, you must get verification of completion from the provider. DFPS must accept the provider's verification as proof that you successfully completed the court-ordered services Tex. Fam. Code §264.2031(c).

DFPS keeps its own record too. When a court orders a family into FBSS, DFPS policy says the caseworker must record the legal action in DFPS's case records the same day the order is issued. If that is not possible, it must be done as soon as possible, but no later than three calendar days after the order is issued. Within 24 hours of receiving the written order, the caseworker uploads all legal documents, including court orders and affidavits. Each court hearing is recorded with a description of what happened DFPS CPS Handbook §12581. A court order does not change one rule: the caseworker must still ask permission to enter your home each and every time DFPS CPS Handbook §12211.

What the law says

At the conclusion of the hearing, the court shall deny the petition unless the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that: (1) abuse or neglect has occurred or there is a substantial risk of abuse or neglect or continuing danger to the physical health or safety of the child caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child's household; and (2) services are necessary to ensure the physical health or safety of the child.

In plain words: if the evidence does not meet this standard, the judge must say no.

An order rendered under this section expires on the 180th day after the date the order is signed unless the court extends the order as provided by Subsection (r) or (s).

In plain words: unless it is extended, the order ends on the 180th day after the judge signs it.

At any time, a person affected by the order may request the court to terminate the order. The court shall terminate the order on finding the order is no longer needed.

In plain words: you can ask the court to end the order at any time, and the court must end it once it is no longer needed.

Questions to ask a lawyer

• Does the DFPS affidavit state facts from someone with personal knowledge?
• Are the services in the order narrowly tailored to the court's findings?
• When is my first review hearing, and what is the 180th day after the order was signed?
• Should I ask the court to end the order, or ask for an extension so I can finish?
• Does the provider I want to use count as qualified, and what proof of completion should I get?

Related

• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Your Right to a Lawyer in a Texas CPS Case
• CPS Drug Testing in Texas: What DFPS Policy Says
• Order in Aid of Investigation: When DFPS Asks a Court for Access (Family Code §261.303)
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)