Tex. Fam. Code § 263.0021 · Subchapter A. GENERAL PROVISIONS
NOTICE OF HEARING; PRESENTATION OF EVIDENCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notice of a hearing under this chapter shall be given to all persons entitled to notice of the hearing.
(b) The following persons are entitled to at least 10 days' notice of a hearing under this chapter and are entitled to present evidence and be heard at the hearing:
(1) the department;
(2) the foster parent, preadoptive parent, relative of the child providing care, or director or director's designee of the group home or general residential operation where the child is residing;
(3) each parent of the child;
(4) the managing conservator or guardian of the child;
(5) an attorney ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(6) a guardian ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(7) a volunteer advocate appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(8) the child if:
(A) the child is 10 years of age or older; or
(B) the court determines it is appropriate for the child to receive notice; and
(9) any other person or agency named by the court to have an interest in the child's welfare.
(c) Notice of a hearing under this chapter may be given:
(1) as provided by Rule 21a, Texas Rules of Civil Procedure;
(2) in a temporary order following a full adversary hearing;
(3) in an order following a hearing under this chapter;
(4) in open court; or
(5) in any manner that would provide actual notice to a person entitled to notice.
(d) The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator's designee is entitled to at least 10 days' notice of a permanency hearing after final order.
(e) Notice of a hearing under this chapter provided to an individual listed under Subsection (b)(2) must state that the individual may, but is not required to, attend the hearing and may request to be heard at the hearing.
(f) In a hearing under this chapter, the court shall determine whether the child's caregiver is present at the hearing and allow the caregiver to testify if the caregiver wishes to provide information about 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 1997, 75th Leg., ch. 600, Sec. 10, eff. Jan 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 5, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 83, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 849, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 885 (H.B. 843), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.178, eff. April 2, 2015.
Transferred, redesignated and amended from Family Code, Section 263.301 by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 28, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 24, eff. September 1, 2017.
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 017b3fdcc69273f840c1cc6b2a2ab44580cdbc9cbce97cd09143976d82dc984f
- 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.
Cited by 6 provisions
Provisions in this library whose text cites Tex. Fam. Code § 263.0021. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 263.3025PERMANENCY PLAN.Printed as Section 263.0021(b)
- Tex. Fam. Code § 263.501PERMANENCY HEARING AFTER FINAL ORDER.Printed as Section 263.0021
- Tex. Fam. Code § 263.502PERMANENCY PROGRESS REPORT AFTER FINAL ORDER.Printed as Section 263.0021
- Tex. Fam. Code § 263.5031PERMANENCY HEARINGS FOLLOWING FINAL ORDER.Printed as Section 263.0021
- Tex. Fam. Code § 264.018REQUIRED NOTIFICATIONS.Printed as Sections 263.0021, 264.107(g), and 264.123
- Tex. Fam. Code § 266.004CONSENT FOR MEDICAL CARE.Printed as Section 263.0021(b)
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.