The court holds a hearing within 60 days after the petition for reinstatement is filed. The person or entity that filed the petition has the burden of proof. Each party to the hearing may call witnesses. 

The court may do any of the following:

• Grant the petition.
• Deny the petition.
• Defer the decision and grant a six-month temporary order under which DFPS remains the child’s managing conservator and the former parent is granted possessory conservatorship.

If the court defers the decision and grants a six-month temporary order, the following requirements apply:

• DFPS must monitor the former parent’s possessory conservatorship while the temporary order is in effect.
• When the temporary order expires, the court holds another hearing to determine whether to grant or deny the petition for reinstatement.

The caseworker makes sure that the former parent’s possessory conservatorship is monitored as ordered by the court.

Texas Family Code §161.303External Link