Texas Family Code 264.107 – Placement of Children
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(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff.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.
Terms Used In Texas Family Code 264.107
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(25), eff.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(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(11), eff.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 care for the child. The employee may not provide emergency care under this subsection in the employee’s residence. The department or contractor shall provide notice to the court for a child placed in temporary care under this subsection not later than the next business day after the date the child is placed in temporary care.
