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.
Structure Texas Statutes
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
Subchapter C. Hearing and Order
Section 161.2011. Continuance; Access to Child
Section 161.202. Preferential Setting
Section 161.2021. Medical History Report
Section 161.203. Dismissal of Petition
Section 161.204. Termination Based on Affidavit of Waiver of Interest
Section 161.205. Order Denying Termination
Section 161.206. Order Terminating Parental Rights
Section 161.2061. Terms Regarding Limited Post-Termination Contact
Section 161.2062. Provision for Limited Contact Between Biological Parent and Child
Section 161.207. Appointment of Managing Conservator on Termination
Section 161.208. Appointment of Department of Family and Protective Services as Managing Conservator
Section 161.2081. Notice of Termination for Certain Relatives
Section 161.209. Copy of Order of Termination
Section 161.210. Sealing of File
Section 161.211. Direct or Collateral Attack on Termination Order