Sec. 263.103. ORIGINAL SERVICE PLAN: SIGNING AND TAKING EFFECT. (a) The original service plan shall be developed jointly by the child's parents and a representative of the department, including informing the parents of their rights in connection with the service plan process. If a parent is not able or willing to participate in the development of the service plan, it should be so noted in the plan.
(a-1) Before the original service plan is signed, the child's parents and the representative of the department shall discuss each term and condition of the plan.
(b) The child's parents and the person preparing the original service plan shall sign the plan, and the department shall give each parent a copy of the service plan.
(c) If the department determines that the child's parents are unable or unwilling to participate in the development of the original service plan or sign the plan, the department may file the plan without the parents' signatures.
(d) The original service plan takes effect when:
(1) the child's parents and the appropriate representative of the department sign the plan; or
(2) the court issues an order giving effect to the plan without the parents' signatures.
(e) The original service plan is in effect until amended by the court or as provided under Section 263.104.
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. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.175, eff. April 2, 2015.
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(1) superseded by a later-amended service plan that goes into effect as provided by Subsection (b); or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.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Subchapter B. Service Plan and Visitation Plan
Section 263.101. Department to File Service Plan
Section 263.102. Service Plan; Contents
Section 263.103. Original Service Plan: Signing and Taking Effect