For the court to grant a monitored return of a child to a parent, the caseworker must provide sufficient evidence to support a temporary order by the court that:

  •   finds that it is in the child’s best interest for the court to retain jurisdiction;

  •   orders DFPS to return the child to the parent or transition the child to the parent according to a schedule determined by the department or court while the parent completes the requirements of the case plan as specified in the temporary order;

  •   orders DFPS to continue to serve as temporary managing conservator (TMC) of the child; and

  •   orders DFPS to monitor the child’s placement to ensure that the child is in a safe environment.

If the court grants such an order, the new dismissal deadline is no later than 180 days from the date that the temporary order for monitored return is granted. DFPS is not required to wait until the expiration of this period to recommend to the court that the case be dismissed. DFPS may reunify a child, and ask that the case be dismissed as soon as the caseworker determines it is safe and appropriate to do so. This permits the family to end its involvement with DFPS and return to normal when oversight by DFPS and the court is no longer needed.

If the child must be moved from the parent’s home during the monitored return, the new dismissal deadline is whichever one of the following occurs later:

  •   The original deadline set before the monitored return was ordered; or

  •   180 days following the change in placement from the parent’s home under the monitored return.

No additional extension based on extraordinary circumstances is allowed. See 5543 Extending the Dismissal Deadline.

Texas Family Code, §263.403External Link