DFPS does not accept voluntary relinquishments of parental rights as a means for children to enter DFPS conservatorship. For a child to enter DFPS conservatorship, DFPS must determine that there are grounds to remove the child.

If, in the course of a conservatorship case, a parent decides to voluntarily give up his or her parental rights, the caseworker must pursue an affidavit of relinquishment only if:

  •   the parent voluntarily wishes to permanently discontinue the parent-child relationship; and

  •   permanently discontinuing the parent-child relationship is in the child’s best interest.

Texas Family Code §161.103External Link

The caseworker must inform the parent that, if a child is a Native American child as defined in the Indian Child Welfare Act, the parent (including a parent who is not a Native American) must follow the specific procedures for relinquishing parental rights in court as explained in 5743 Legal Requirements If the ICWA Applies.

While the parent’s consent to the child’s adoption is no longer legally necessary once parental rights are terminated, the caseworker must inform the parent that:

  •   the child may be placed for adoption;

  •   an adopted child has new legal parents; and

  •   DFPS no longer provides reunification services to the parent of an adopted child.

DFPS Rules, 40 TAC §700.1104External Link