When DFPS or the SSCC files a petition requesting that a former parent’s parental rights be reinstated, DFPS or the SSCC must make sure that the following people are served with the petition and notice of the hearing:

• The child or child’s representative.
• The child’s attorney ad litem.
• The county attorney.
• The former parent whose parental rights DFPS or the SSCC is seeking to reinstate.
• If the child is subject to the Indian Child Welfare Act, the child’s tribe’s designated tribal service agent and any other person required by federal law.

Generally, the legal representatives for DFPS or the SSCC have primary responsibility for service of petitions and notice of hearings. Caseworkers must confirm with a supervisor what specific duties are assigned to caseworkers, as individual offices have different protocols.

Texas Family Code §261.302(e)External Link