TX :: Child Protective Services Handbook :: 5400 From Removal to the Adversary Hearing :: 5432 Requirements Following the Adversary Hearing

TX :: Child Protective Services Handbook :: 5400 From Removal to the Adversary Hearing :: 5432 Requirements Following the Adversary Hearing

If the court issues an order naming DFPS as the temporary managing conservator of the child, the caseworker must request that the Vital Statistics Unit identify the court of continuing, exclusive jurisdiction.

Texas Family Code §§262.202External Link and 155.101External Link

If the court that ordered removal orders transfer of the case from the court of continuing, exclusive jurisdiction, DFPS must file the transfer order with the clerk of the court of continuing, exclusive jurisdiction.

Texas Family Code §§155.201External Link; 155.204(i)External Link

If the court does not name DFPS as temporary managing conservator, and DFPS is dismissed, the caseworker and supervisor must decide whether to offer further services to the family.

The decision to offer further services must be based on:

  •   the court order; and

  •   DFPS’s assessment of the child’s safety.

However, the caseworker must keep in mind that, if the court dismisses DFPS’s petition, providing services is voluntary, unless the court later issues an order.



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