Texas § 262.353 PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES.

Texas Statutes

§ 262.353 — PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES.

Texas § 262.353

Code FAFamily Code

This text of Texas § 262.353 (PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Family Code Code Ann. § 262.353 (2026).

Text

Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES.

(a)The commission may not require the department to conduct a child abuse or neglect investigation before allowing a child to participate in the relinquishment avoidance program unless there is an allegation of abuse or neglect of the child.

(b)A local mental or behavioral health authority may refer a child directly to the relinquishment avoidance program without first contacting the department.

(c)The department and the commission shall:

(1)jointly adopt comprehensive guidance for providers and families that describes:

(A)how to access services under the relinquishment avoidance program; and

(B)the child's and family's rights when the child's parent or legal guardian:

(i)relinquishes the child in order to obtain me

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 262.353. PROCEDURE FOR RELINQUISHING CHILD TO OBTAIN SERVICES. (a) The commission may not require the department to conduct a child abuse or neglect investigation before allowing a child to participate in the relinquishment avoidance program unless there is an allegation of abuse or neglect of the child.
(b) A local mental or behavioral health authority may refer a child directly to the relinquishment avoidance program without first contacting the department.
(c) The department and the commission shall:
(1) jointly adopt comprehensive guidance for providers and families that describes:
(A) how to access services under the relinquishment avoidance program; and
(B) the child's and family's rights when the child's parent or legal guardian:
(i) relinquishes the child in order to obtain mental health services for the child; or
(ii) accesses services under the relinquishment avoidance program;
(2) publish the information described by Subdivision (1) on the agency's Internet website; and
(3) make the information described by Subdivision (1) available to caseworkers and families with a child who has a severe emotional disturbance.
(d) The department and the commission shall jointly adopt clear and concise protocols for families at risk of relinquishing a child for the sole purpose of accessing mental health services for the child. The protocols must:
(1) include procedures for determining eligibility for the relinquishment avoidance program, including emergency eligibility procedures for children who are at immediate risk of relinquishment;
(2) include procedures for applying for the relinquishment avoidance program;
(3) identify who will manage the case of a family eligible for the relinquishment avoidance program;
(4) identify the funding and resources for the relinquishment avoidance program; and
(5) identify the role of each party involved in the relinquishment avoidance program, including the department, the commission, contracted residential treatment centers, and local mental and behavioral health authorities.
(e) The department and local mental and behavioral health authorities shall follow the protocols adopted under Subsection (d).
SUBCHAPTER F. FAMILY PRESERVATION SERVICES PILOT PROGRAM