Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
Texas Codes

Tex. Fam. Code § 161.208 (2026)

Appointment Of Department Of Family And Protective Services As Managing Conservator

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Sec. 161.208. APPOINTMENT OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AS MANAGING CONSERVATOR. 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 court that terminates a parent-child relationship may not appoint the Department of Family and Protective Services as permanent managing conservator of the child unless the court determines that:

(1) the department has made a diligent effort to locate a missing parent who has not been personally served and a relative of that parent; and

(2) a relative located by the department has had a reasonable opportunity to request appointment as managing conservator of the child or the department has not been able to locate the missing parent or a relative of the missing parent.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.089, eff. April 2, 2015.

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: in the Interest of J. S.- A. S AKA J. S., J. B. S., Jr., Child., No. 01-17-00491-CV (Tex. App.—Houston [1st Dist.] Dec. 5, 2017).
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in the Interest of J. S.- A. S AKA J. S., J. B. S., Jr., Child., No. 01-17-00491-CV (Tex. App.—Houston [1st Dist.] Dec. 5, 2017). ““ TEX. FAM. CODE § 161.208. The father first questions the diligence of the Department in locating a kinship appointment for the children.”
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