TX :: Child Protective Services Handbook :: 5500 From Status Hearing to the Final Hearing :: 5564.11 Endangerment

TX :: Child Protective Services Handbook :: 5500 From Status Hearing to the Final Hearing :: 5564.11 Endangerment

The most common ground for termination of parental rights is exposing a child to conduct or an environment that endangers the physical or emotional well-being of the child. See Texas Family Code §161.001(b)(1)(D),(E)External Link.

Many types of conduct that create safety hazards for children can contribute to a finding of endangerment, including:

  • Substance abuse.
  • Criminal acts.
  • Exposing a child to sexual predators.
  • Failing to attend to a child’s basic needs (food, clothing, medical attention, and supervision).

Much of the conduct described in other grounds for termination (such as abandonment and criminal activity) also supports a finding of endangerment.

Texas Family Code §161.001(b)(1)(D)(E)External Link

Another ground for termination is that a parent’s rights were previously terminated for another child under Texas Family Code §161.001(b)(1) (D) or (E) External Link(or their equivalent in another state). However, DFPS can only seek termination on this ground if the current petition for termination is filed no later than the first anniversary of the date DFPS (or another state child welfare agency) was granted managing conservatorship of the other child in the previous case that resulted in termination.

Texas Family Code §161.001(b)(1)(M) and (d-1)External Link



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