Texas Codes

Tex. Fam. Code § 263.104 (2026)

Amended Service Plan

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Sec. 263.104. AMENDED SERVICE PLAN. (a) The service plan may be amended at any time. The department shall work with the parents to jointly develop any amendment to the service plan, including informing the parents of their rights in connection with the amended service plan process.

(b) The amended service plan supersedes the previously filed service plan and takes effect when:

(1) the child's parents and the appropriate representative of the department sign the plan; or

(2) the department determines that the child's parents are unable or unwilling to sign the amended plan and files it without the parents' signatures.

(c) A parent may file a motion with the court at any time to request a review and modification of the amended service plan.

(d) An amended service plan remains in effect until:

(1) superseded by a later-amended service plan that goes into effect as provided by Subsection (b); or

(2) modified by the court.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 5, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.176, eff. April 2, 2015.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2016–2022 · leading case: in the Interest of M.S., a Child, No. 02-21-00007-CV (Tex. App.—Fort Worth June 28, 2021).
G.H. v. Texas Dep't of Fam. & Prot. Servs., No. 03-16-00157-CV (Tex. App.—Austin Aug. 17, 2016). “contends that a July 2015 “amended” service plan “superseded” the previously filed original plan of August 2014, see Tex. Fam. Code § 263.104(a), (b) (providing that service plan “may be amended at any time” and that “amended service plan supersedes the previously filed service…”
in the Interest of M.S., a Child, No. 02-21-00007-CV (Tex. App.—Fort Worth June 28, 2021). “See Tex. Fam. Code Ann. §§ 263.104 (c), 263.105(c).”
in the Interest of G.L. A/K/A A.L. A/K/A A.L.G.L., a Child, No. 13-21-00410-CV (Tex. App.—Corpus Christi–Edinburg Mar. 10, 2022). “See TEX. FAM. CODE ANN. § 263.104. 14 2. Notice Contrary to the family code and the Department’s guidelines, Pratt testified that he never provided Father with a copy of the service plan, and as far as he knew, Father had never seen it.”
in the Interest of E.B., a Child, No. 02-22-00205-CV (Tex. App.—Fort Worth Nov. 23, 2022). “, 2021 WL 2654143 , at *14; see Tex. Fam. Code Ann. §§ 263.104 (c), 263.405(c).”
Tex. Fam. Code § 263.104(a): 1 case
G.H. v. Texas Dep't of Fam. & Prot. Servs., No. 03-16-00157-CV (Tex. App.—Austin Aug. 17, 2016). “contends that a July 2015 “amended” service plan “superseded” the previously filed original plan of August 2014, see Tex. Fam. Code § 263.104(a), (b) (providing that service plan “may be amended at any time” and that “amended service plan supersedes the previously filed service…”
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