A final order granting DFPS conservatorship of a child may be subject to modification; however, any modification to a final order requires filing a new lawsuit, which in turn requires providing new evidence of a material change in circumstances, as discussed below.

If a final order granting DFPS permanent managing conservatorship needs to be modified, the caseworker must discuss the circumstances with the supervisor and the attorney representing DFPS.

Modification requires that the child’s or a conservator’s circumstances have materially changed since the date of the original order. Conservator includes DFPS, a parent who has parental rights, or another party.

Changes that meet the standard for modifying a final order include:

  •   placing a child in an adoptive home;

  •   a parent’s failure to complete additional services;

  •   a parent’s arrest, death, divorce, or marriage; or

  •   a change in a child’s behavior or wishes.

Texas Family Code, Chapter 156External Link