Texas § 262.401 DEFINITIONS.

Texas Statutes

§ 262.401 — DEFINITIONS.

Texas § 262.401

Code FAFamily Code

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Bluebook

Tex. Family Code Code Ann. § 262.401 (2026).

Text

Sec. 262.401. DEFINITIONS. In this subchapter:

(1)"Child who is a candidate for foster care" means a child who is at imminent risk of being removed from the child's home and placed into the conservatorship of the department because of a continuing danger to the child's physical health or safety caused by an act or failure to act of a person entitled to possession of the child but for whom a court of competent jurisdiction has issued an order allowing the child to remain safely in the child's home or in a kinship placement with the provision of family preservation services.

(2)"Department" means the Department of Family and Protective Services.

(3)"Family preservation service" means time-limited, family-focused services, including services subject to the Family First Prevention Services

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Sec. 262.401. DEFINITIONS. In this subchapter:
(1) "Child who is a candidate for foster care" means a child who is at imminent risk of being removed from the child's home and placed into the conservatorship of the department because of a continuing danger to the child's physical health or safety caused by an act or failure to act of a person entitled to possession of the child but for whom a court of competent jurisdiction has issued an order allowing the child to remain safely in the child's home or in a kinship placement with the provision of family preservation services.
(2) "Department" means the Department of Family and Protective Services.
(3) "Family preservation service" means time-limited, family-focused services, including services subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123) and services approved under the Title IV-E state plan provided to the family of a child who is:
(A) a candidate for foster care to prevent or eliminate the need to remove the child and to allow the child to remain safely with the child's family;
(B) a pregnant or parenting foster youth; or
(C) a member of a household that is subject to an order rendered under Section 264.203 .
(4) "Family preservation services plan" means a written plan, based on a professional assessment, listing the family preservation services, including services subject to the Family First Prevention Services Act (Title VII, Div. E, Pub. L. No. 115-123), to be provided to the family of a child who is:
(A) a candidate for foster care; or
(B) a pregnant or parenting foster youth.
(5) "Foster care" means substitute care as defined by Section 263.001 .

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 269 (H.B. 3041 ), Sec. 2, eff. September 1, 2021. Amended by: Acts 2025, 89th Leg., R.S., Ch. 825 (S.B. 1398 ), Sec. 1, eff. September 1, 2025.