A child protection suit is automatically dismissed without a court order one year after the court renders a temporary order appointing DFPS as temporary managing conservator, unless the court has begun trial or granted an extension. Extensions are extremely limited, permissible only if:

  •   the court finds extraordinary circumstances necessitate the child remaining in DFPS temporary managing conservatorship and this is in the best interest of the child;

  •   the court find extension is in the best interest of the child  and either orders return of the child with DFPS to monitor, or orders a temporary order to the child to return home while the parent completes the service plan; or

  •   after a trial, a motion for new trial or mistrial is granted or an appellate case is remanded.

In each case, the court must set a new dismissal date.

Texas Family Code §263.401(b), (b-1)External Link; §263.403(b)External Link

Because of the strict limit on any extension of time, caseworkers must be prepared for every hearing. Any delay in locating missing parents and relatives, determining paternity, asking about Native American family history or other essential issues can have a dramatic impact on child safety and permanency.