Tex. Fam. Code § 263.001 · Subchapter A. GENERAL PROVISIONS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this chapter:
(1) "Advanced practice nurse" has the meaning assigned by Section 157.051, Occupations Code.
(1-a) "Age-appropriate normalcy activity" has the meaning assigned by Section 264.001.
(1-b) "Department" means the Department of Family and Protective Services.
(2) "Child's home" means the place of residence of at least one of the child's parents.
(3) "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
(3-a) "Least restrictive setting" means a placement for a child that, in comparison to all other available placements, is the most family-like setting.
(3-b) "Physician assistant" has the meaning assigned by Section 157.051, Occupations Code.
(3-c) "Residential treatment center" means a general residential operation licensed under Chapter 42, Human Resources Code, that provides treatment services.
(4) "Substitute care" means the placement of a child who is in the conservatorship of the department in care outside the child's home. The term includes foster care, institutional care, adoption, placement with a relative of the child, or commitment to the Texas Juvenile Justice Department.
(b) In the preparation and review of a service plan under this chapter, a reference to the parents of the child includes both parents of the child unless the child has only one parent or unless, after due diligence by the department in attempting to locate a parent, only one parent is located, in which case the reference is to the remaining parent.
(c) With respect to a child who is older than six years of age and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, placing the child in a foster home or a general residential operation operating as a cottage home is considered the least restrictive setting.
(d) With respect to a child who is six years of age or younger and who is removed from the child's home, if a suitable relative or other designated caregiver is not available as a placement for the child, the least restrictive setting for the child is placement in:
(1) a foster home; or
(2) a general residential operation operating as a cottage home, only if the department determines it is in the best interest of the child.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 108, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.36, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 4, eff. May 23, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.170, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 4, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.263.htm
- Text hash
- sha256 e8ba5339f781a7a091f3e25e637bcc9e5da5994ad753955398238a7e7f68171d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Human Resources Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fam. Code § 263.001. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 107.002POWERS AND DUTIES OF GUARDIAN AD LITEM FOR CHILD.Printed as Section 263.001
- Tex. Fam. Code § 107.004ADDITIONAL DUTIES OF ATTORNEY AD LITEM FOR CHILD.Printed as Section 263.001
- Tex. Fam. Code § 262.401DEFINITIONS.Printed as Section 263.001
- Tex. Fam. Code § 264.018REQUIRED NOTIFICATIONS.Printed as Section 263.001
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.