In DFPS cases involving a suit affecting but not terminating parental rights, DFPS must ask the court to order the parents to provide child support and health insurance.

If the court terminates parental rights, DFPS may request that the court order the parents to provide support.

Although it may appear that the parent is financially unable to provide support, the court determines the parent’s ability to pay. Even a small amount of support allows the parent to share the responsibility of providing for the child’s care and ensures some level of parental involvement. The court may or may not order support as requested, but the caseworker must make the request.

The caseworker must inform the parents that DFPS will request that the parents pay child support and health insurance.

DFPS Rules, 40 TAC §700.1108External Link