Sec. 531.165. SEARCH FOR PARENT OR GUARDIAN OF A CHILD. (a) The Department of Aging and Disability Services shall develop and implement a process by which the department, on receipt of notification under Section 531.164(h) that a child's parent or guardian cannot be located, conducts a search for the parent or guardian. If, on the first anniversary of the date the department receives the notification under Section 531.164(h), the department has been unsuccessful in locating the parent or guardian, the department shall refer the case to:
(1) the child protective services division of the Department of Family and Protective Services if the child is 17 years of age or younger; or
(2) the adult protective services division of the Department of Family and Protective Services if the child is 18 years of age or older.
(b) On receipt of a referral under Subsection (a)(1), the child protective services division of the Department of Family and Protective Services shall exercise intense due diligence in attempting to locate the child's parent or guardian. If the division is unable to locate the child's parent or guardian, the department shall file a suit affecting the parent-child relationship requesting an order appointing the department as the child's temporary managing conservator.
(c) A child is considered abandoned for purposes of the Family Code if the child's parent or guardian cannot be located following the exercise of intense due diligence in attempting to locate the parent or guardian by the Department of Family and Protective Services under Subsection (b).
(d) On receipt of a referral under Subsection (a)(2), the adult protective services division of the Department of Family and Protective Services shall notify the court that appointed the child's guardian that the guardian cannot be located.
Added by Acts 2005, 79th Leg., Ch. 1131 (H.B. 2579), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Subtitle I - Health and Human Services
Chapter 531 - Health and Human Services Commission
Subchapter D. -1. Permanency Planning
Section 531.152. Policy Statement
Section 531.1521. Preadmission Information
Section 531.153. Development of Permanency Plan
Section 531.1531. Assistance With Permanency Planning Efforts
Section 531.1532. Interference With Permanency Planning Efforts
Section 531.1533. Requirements on Admissions of Children to Certain Institutions
Section 531.154. Notification Required
Section 531.155. Offer of Services
Section 531.156. Designation of Advocate
Section 531.158. Local Permanency Planning Sites
Section 531.159. Monitoring of Permanency Planning Efforts
Section 531.1591. Annual Reauthorization of Plans of Care for Certain Children
Section 531.161. Access to Records
Section 531.162. Permanency Reporting
Section 531.163. Effect on Other Law
Section 531.164. Duties of Certain Institutions
Section 531.165. Search for Parent or Guardian of a Child
Section 531.166. Transfer of Child Between Institutions
Section 531.167. Collection of Information Regarding Involvement of Certain Parents and Guardians