1. (a) In a suit affecting the parent-child relationship in which the department has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review:

   1. (1) the conservatorship appointment and substitute care; and
   2. (2) for a child committed to the Texas Juvenile Justice Department, the child's commitment in the Texas Juvenile Justice Department or release under supervision by the Texas Juvenile Justice Department.

2. (b) At each permanency hearing under this chapter, the court shall review the placement of each child in the temporary managing conservatorship of the department who is not placed with a relative caregiver or designated caregiver as defined by Section 264.751. The court shall include in its findings a statement whether the department:

   1. (1) asked the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child; and
   2. (2) placed the child with a relative or designated caregiver.

3. (c) At each permanency hearing before the final order, the court shall review the placement of each child in the temporary managing conservatorship of the department who has not been returned to the child's home. At the end of the hearing, the court shall order the department to return the child to the child's parent or parents unless the court finds, with respect to each parent, that:

   1. (1) there is a continuing danger to the physical health or safety of the child; and
   2. (2) returning the child to the child's parent or parents is contrary to the welfare of the child.
4. (d) This section does not prohibit the court from rendering an order under Section 263.403.

5. (e) If a child is placed or is referred to and awaiting placement in a residential treatment center, the court shall determine whether:

   1. (1) the child's needs can be met through placement in a family-like setting;
   2. (2) the recommended or existing program can provide the most effective and appropriate level of care for the child;
   3. (3) the recommended or existing program is the least restrictive setting consistent with the child's best interest and individual needs; and
   4. (4) the placement is consistent with the short-term and long-term goals for the child, as specified by the child's permanency plan.

6. (f) In making a determination under Subsection (e), the court may consider:

   1. (1) medical, psychological, or psychiatric assessments;
   2. (2) the child's current treatment plan and progress being made;
   3. (3) any significant medical, legal, or behavioral incidents involving the child;
   4. (4) the reasons for the child's discharge from any previous placement or the child's current placement;
   5. (5) the programs available at the facility to address the child's needs;
   6. (6) the program's plan to discharge the child after treatment;
   7. (7) whether there are other programs that more effectively meet the child's needs; and
   8. (8) any other information that would assist the court in making the determination.

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

Amended by Acts 1995, 74th Leg., ch. 751, Sec. 109, eff. Sept. 1, 1995.

Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 5, eff. May 23, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.171, eff. April 2, 2015.

Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 23, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 8, eff. June 14, 2019.

Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 8, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 956 (S.B. 1930), Sec. 5, eff. September 1, 2023.