With respect to each child, procedural safeguards must be applied to ensure that:

• an initial permanency hearing for each child is held no later than 180 days at the date the court enters a temporary order appointing the department temporary managing conservator; and subsequent hearings should be held no later than the 120th day of last permanency hearing until final order is issued. (TFC 263.305 and 263.306). After final order, permanency hearings must be held at least once every six months, with the first hearing being held no later than 90 days after final order was issued if parental rights were terminated. 

  Texas Family Code §§263.304 & 263.305 

The purpose of the hearings is to determine the permanency plan for the child, including: (i) when the child will be returned to the parent, if applicable; (ii) whether the child will be placed for adoption; or (iii) whether the child will placed in a non-parent sole permanent managing conservatorship with another adult. 

Additionally, DFPS must:

•  consider in-state and out-of-state placement options for a child who will not be returned to the parent and determine whether any current placement continues to be appropriate and in the best interests of the child; 
• if a child is 16 years of age or older and has a permanency plan of another planned permanent living arrangement, demonstrate that there is a compelling reason for determining that another permanency goal is not in the child’s best interests to return home, be adopted, be with a fit and willing relative, be placed in a permanent managing conservatorship, or be placed in another planned permanent living arrangement, subject to section 475A(a); and 
• if a child is 14 years of age or older, consider the services needed to assist the child in successfully transitioning from foster care to adulthood. 

Procedural safeguards apply to parental rights with regard to removal, to a change in the child’s placement, and to any determination affecting the parents’ visitation privileges.

Procedural safeguards are also applied to assure that in any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to adulthood, the child attends the hearing and the court consults with the child in an age-appropriate manner regarding the proposed transition or permanency plan. 

For any child who is 14 years of age or older, the permanency plan, as well as any revisions to the plan, must be developed in consultation with the child.

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