Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
Summary
SB 2165 amends the Texas Family Code to limit when courts may dismiss certain Department of Family and Protective Services (DFPS) cases involving children in conservatorship or substitute care. If a child is missing from a substitute care provider, the court must retain jurisdiction and set a new dismissal date 180 days later, and it may not dismiss the case until the child is found or until the child is no longer eligible for DFPS services or benefits. The bill also clarifies that, in permanency-hearing cases where DFPS is the permanent managing conservator, the court may not dismiss the suit while the child is missing from substitute care or while the child is committed to or supervised by the Texas Juvenile Justice Department, unless the child has been adopted or permanent managing conservatorship has been transferred to someone other than DFPS.
The bill is aimed at preventing automatic or premature dismissal of child welfare cases when a child’s whereabouts are unknown or the child is involved with the juvenile justice system. It preserves court oversight so DFPS cases can remain open long enough to address the child’s safety, placement, and permanency needs. The act takes effect September 1, 2025, and applies to suits affecting the parent-child relationship under Chapter 263 of the Family Code.
Impact
SB 2165 amends Sections 263.401 and 263.501 of the Texas Family Code and adds new Section 263.4012. Its practical effect is to extend court jurisdiction and delay dismissal deadlines in certain DFPS-managed cases involving missing children and children under Texas Juvenile Justice Department supervision. The bill affects courts handling child protection cases, DFPS, substitute care providers, and children in state conservatorship, and it narrows the circumstances in which a suit affecting the parent-child relationship may be dismissed.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate unanimously and the House overwhelmingly, with no recorded nay votes in the final House and Senate passage votes. The voting history suggests the measure was viewed as a targeted child welfare and court-procedure fix rather than a controversial policy change.
Contention
There is little evidence of substantive contention in the available record. The main policy choice in the bill is whether courts should retain jurisdiction longer in DFPS cases when a child is missing or involved with juvenile justice, and the bill resolves that in favor of continued oversight. Any potential concern would likely come from those worried about prolonging court involvement or delaying finality in child welfare cases, but no such opposition is reflected in the transcripts or votes.
Identical
Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
Relating to extensions of the mandatory dismissal date in certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
Relating to policies and procedures regarding certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.
Relating to the requirements for certain court orders in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.
Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.