To facilitate timely permanency for children in conservatorship, Texas law requires that the court in a DFPS conservatorship case dismiss the case on the first Monday following the one-year anniversary of the date that DFPS is named as temporary managing conservator (TMC), including cases in which DFPS is named TMC by an ex parte court order.

The case may be retained beyond the Monday following the one-year anniversary, if before that date:

  •   the court commences the trial on the merits of the case;

  •   the court finds that the case involves extraordinary circumstances and is in the best interest of the child and grants an extension of no more than 180 days; or

  •   the court has ordered a monitored return of the child to the child’s home, as described in 5543 Extending the Dismissal Deadline and 5551.1 Monitored Return of a Child to a Parent, and sets a new dismissal date consistent with that option.

Texas Family Code, §263.401External Link

For information on calculating days, see the Hearings and Legal Proceedings Resource GuidePDF Document.