Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 264. CHILD WELFARE SERVICES
Texas Codes

Tex. Fam. Code § 264.107 (2026)

Placement Of Children

✓ current as of May 2026
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Sec. 264.107. PLACEMENT OF CHILDREN. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff.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(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff.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(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff.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.

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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2012–2025 · leading case: M.D. Ex Rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012).
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M.D. Ex Rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012). “” Tex. Fam.Code § 264.107(e). The Named Plaintiffs request broad, classwide declaratory and injunctive relief against Texas to redress the harms caused by the State’s alleged systemic failures to properly manage the PMC.”
Texas Health & Human Servs. Comm'n; Cecile Erwin Young, Exec. Comm'r; Laura Castillo, Dir. of Heightened Monitoring; & Dep't of Fam. & Prot. Servs. v. Kenneth Collier, Taneshu Collier, TRELS Home for Child., & TRELS Home LLC (Tex. App. 2025). · cites it 2× “22 Tex. Fam. Code Ann. § 264.107 ...........”
in the Interest of P.M., the Child (Tex. App. 2014). “] Compare Tex. Fam. Code Ann. § 264.107 (e)(1) (West 2014) (stating that in making placement decisions, DFPS shall, except when making an emergency placement that does not allow time for required consultations, consult with the child’s caseworker, attorney ad litem, and guardian…”
in the Interest of P.M., the Child (Tex. App. 2015). “] Compare Tex. Fam. Code Ann. § 264.107 (e)(1) (West 2014) (stating that in making placement decisions, DFPS shall, except when making an emergency placement that does not allow time for required consultations, consult with the child’s caseworker, attorney ad litem, and guardian…”
— Tex. Fam. Code § 264.107(e) — 1 case
M.D. Ex Rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012). “” Tex. Fam.Code § 264.107(e). The Named Plaintiffs request broad, classwide declaratory and injunctive relief against Texas to redress the harms caused by the State’s alleged systemic failures to properly manage the PMC.”
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