Tex. Fam. Code § 264.107 · Subchapter B. FOSTER CARE
PLACEMENT OF CHILDREN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.
(b) The department shall use an application or assessment developed by the department in coordination with interested parties for the placement of children in contract residential care.
(c) In selecting a placement for a child, the department shall consider whether the placement is in the child's best interest. In determining whether a placement is in a child's best interest, the department shall consider whether the placement:
(1) is the least restrictive setting for the child;
(2) is the closest in geographic proximity to the child's home;
(3) is the most able to meet the identified needs of the child; and
(4) satisfies any expressed interests of the child relating to placement, when developmentally appropriate.
(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff. September 1, 2015.
(e) In making placement decisions, the department shall:
(1) except when making an emergency placement that does not allow time for the required consultations, consult with the child's caseworker, attorney ad litem, and guardian ad litem and with any court-appointed volunteer advocate for the child; and
(2) use clinical protocols to match a child to the most appropriate placement resource.
(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff. April 2, 2015.
(g) If the department or single source continuum contractor is unable to find an appropriate placement for a child, an employee of the department or contractor who has on file with the department or contractor, as applicable, a background and criminal history check may provide temporary emergency supervision for the child. The employee may not provide temporary emergency supervision under this subsection in the employee's residence. The department or contractor shall provide notice to the court for a child placed in temporary emergency supervision under this subsection not later than the next business day after the date the child is placed in temporary emergency supervision.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.48, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 14, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 193 (S.B. 425), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.189, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(11), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 50, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(25), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542), Sec. 4, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 2, eff. June 14, 2021.
Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398), Sec. 5, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.264.htm
- Text hash
- sha256 8e71e97adf3a6bac95802a6f4563a17c5f637fb92260f1b3551bbb67bf9f21d5
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Fam. Code § 264.107. Each shows the citation as that text prints it.
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.