§ 264.1915 — RECEIVER OF SINGLE-SOURCE CONTINUUM CONTRACTOR.

Texas § 264.1915

• Jurisdiction: Texas
• Code FA: Family Code

Text

Sec. 264.1915. RECEIVER OF SINGLE-SOURCE CONTINUUM CONTRACTOR. A court of competent jurisdiction may appoint a receiver for a single-source continuum contractor or any of its parts, divisions, components, or companies on the petition of the department if:
(1) after being subject to a quality improvement plan, corrective action plan, or other remedial statutory or contract measures, the contractor continues to fail to satisfactorily perform under the community-based care contract;
(2) the contractor:
(A) provides the department notice of the contractor's intent to cease operations not later than the 60th day before the date the contractor intends to cease operations; and
(B) has not made arrangements for another single-source continuum contractor or the department to continue the uninterrupted provision of services under the community-based care contract;
(3) conditions exist, as determined by the department, within the contractor that present an imminent danger to the health, safety, or welfare of the children under the conservatorship of the department in the contractor's care;
(4) the contractor has failed to provide adequate information to the department regarding a child under the conservatorship of the department in the contractor's care;
(5) the contractor has failed to comply with a court order or incurred a sanction against the department due to failure to comply with a court order; or
(6) the contractor cannot meet or is unlikely to be able to meet financial obligations related to services provided under the community-based care contract, including financial obligations to employees, contractors, or foster parents.
Sec. 264.192. PROCEEDING TO APPOINT RECEIVER. (a) Except as otherwise provided by law, a court shall give precedence to a petition for the appointment of a receiver under this subchapter over other matters.
(b) A court shall conduct an evidentiary hearing on a petition for the appointment of a receiver under this subchapter not later than the fifth day after the date the petition is filed. The department shall make reasonable efforts to notify the single-source continuum contractor of the hearing under this subsection.
(c) A court shall grant a petition for the appointment of a receiver under this subchapter on finding that:
(1) one of the conditions described by Section 264.1915 exists; and
(2) the continued existence of the condition jeopardizes the health, safety, or welfare of a child under the conservatorship of the department.
(d) A court may grant a petition for the appointment of a receiver under this subchapter ex parte.
(e) The issuance of a check without sufficient money by the single-source continuum contractor or the existence of delinquent obligations for salaries, utilities, or essential services or commodities for the contractor is prima facie evidence that the contractor cannot meet or is unlikely to be able to meet financial obligations related to services provided under the community-based care contract as provided by Section 264.1915 (6).

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034 ), Sec. 2, eff. May 19, 2025. Added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034 ), Sec. 2, eff. May 19, 2025.