To receive an extension beyond the one-year limit for resolving a case, DFPS must present evidence to the court that:

  •   extraordinary circumstances require that the child remain in DFPS conservatorship; and

  •   remaining in DFPS conservatorship is in the child’s best interest.

Extraordinary circumstances are not defined and are subject to the court’s discretion, but by definition this is not an option for most cases. The caseworker must consult with the attorney representing DFPS as soon as possible, if he or she believes there is a need to extend the dismissal deadline.

If the court makes a finding of extraordinary circumstances, the dismissal deadline is extended no more than 180 days beyond the original dismissal deadline.

Texas Family Code, §263.401External Link