Sec. 161.107. MISSING PARENT OR RELATIVE. (a) In this section:
(1) "Parent" means a parent, as defined by Section 160.102, whose parent-child relationship with a child has not been terminated. The term does not include a man who does not have a parent-child relationship established under Chapter 160.
(2) "Relative" means a parent, grandparent, or adult sibling or child.
(b) If a parent of the child has not been personally served in a suit in which the Department of Family and Protective Services seeks termination, the department must make a diligent effort to locate that parent.
(c) If a parent has not been personally served and cannot be located, the department shall make a diligent effort to locate a relative of the missing parent to give the relative an opportunity to request appointment as the child's managing conservator.
(d) If the department is not able to locate a missing parent or a relative of that parent and sufficient information is available concerning the physical whereabouts of the parent or relative, the department shall request the state agency designated to administer a statewide plan for child support to use the parental locator service established under 42 U.S.C. Section 653 to determine the location of the missing parent or relative.
(e) The department shall be required to provide evidence to the court to show what actions were taken by the department in making a diligent effort to locate the missing parent and relative of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 71, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 9, eff. September 1, 2007.
Notes of Decisions
In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012).
“, and the trial court must “inquire into the sufficiency of the diligence exercised in attempting to ascertain the residence or whereabouts of the defendant .”
in the Interest of P. RJ E., 499 S.W.3d 571 (Tex. App. 2016).
“Finally, by rejecting personal service and opting to rely on its earlier service by publication, the Department also undermines its ability to locate not only the father but members of the father’s family who may be candidates for raising the child who is the subject of the…”
in the Interest of R.J. Child., 381 S.W.3d 619 (Tex. App. 2012).
“See Tex. Fam.Code Ann. § 161.107 (requiring the Department to “make a diligent effort to locate [a missing] parent” but excluding from the definition of parent “a man who does not have a parent-child relationship established under Chapter 160”).”
In the Interest of E.R., 335 S.W.3d 816 (Tex. App. 2011).
“See Tex. Fam.Code Ann. § 161.107(b) (“If a parent of the child has not been personally served in a suit in which the [DFPS] seeks termination, the department must make a diligent effort to locate that parent.”
In Re Dc, 128 S.W.3d 707 (Tex. App. 2004).
“Tex. Fam.Code Ann. § 161.107(b), (c). [4] No one attempted to find Beau Unknown even though appellant testified that she thought his name was Beau Purdham or Burdham and stated that she had given this information to the TDPRS worker.”
In Re Er, 335 S.W.3d 816 (Tex. App. 2011).
“See TEX. FAM.CODE ANN. § 161.107(b) ("If a parent of the child has not been personally served in a suit in which the [DFPS] seeks termination, the department must make a diligent effort to locate that parent.”
in the Interest of J.P. & J.E.B. (Tex. App. 2015).
“109; 2 see also TEX. FAM. CODE § 161.107(b) (“If a parent of the child has not been personally served in a suit in which the Department of Family and Protective Services seeks termination, the department must make a diligent effort to locate that parent.”
Pauline Gamez v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2009).
“109 (procedure for citation by publication),5 124 (judgment shall not be rendered against a defendant unless there has been service, acceptance or waiver of process, or an appearance by the defendant); see also Tex. Fam. Code Ann. § 161.107 (b) (West 2008) (when parent has not…”
Pauline Gamez v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2009).
“109 (procedure for citation by publication), (5) 124 (judgment shall not be rendered against a defendant unless there has been service, acceptance or waiver of process, or an appearance by the defendant); see also Tex. Fam. Code Ann. § 161.107 (b) (West 2008) (when parent has…”
— Tex. Fam. Code § 161.107(b) — 7 cases
In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012).
“, and the trial court must “inquire into the sufficiency of the diligence exercised in attempting to ascertain the residence or whereabouts of the defendant .”
In the Interest of E.R., 335 S.W.3d 816 (Tex. App. 2011).
“See Tex. Fam.Code Ann. § 161.107(b) (“If a parent of the child has not been personally served in a suit in which the [DFPS] seeks termination, the department must make a diligent effort to locate that parent.”
In Re Dc, 128 S.W.3d 707 (Tex. App. 2004).
“Tex. Fam.Code Ann. § 161.107(b), (c). [4] No one attempted to find Beau Unknown even though appellant testified that she thought his name was Beau Purdham or Burdham and stated that she had given this information to the TDPRS worker.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.