Chapter 264

Child Welfare Services

Subchapter A. General Provisions

264.001 Definitions 264.0011 Reference to Executive Commissioner or Commission 264.002 Specific Appropriation Required 264.004 Allocation of State Funds 264.005 County Child Welfare Boards 264.006 County Funds 264.008 Child Welfare Service Fund 264.009 Legal Representation of Department 264.0091 Use of Teleconferencing and Videoconferencing Technology 264.010 Child Abuse Plan; Limitation on Expenditure of Funds 264.011 Local Accounts 264.0111 Money Earned by Child 264.0121 Notice to Legislators of Foster Child's Death 264.013 Exchange of Information with Other States 264.0145 Release of Case Record 264.015 Training 264.017 Required Reporting 264.018 Required Notifications 264.019 Collection and Reporting of Alcohol and Controlled Substance Statistics

Subchapter B. Foster Care

264.101 Foster Care Payments 264.1015 Liability of Child's Estate for Foster Care 264.102 County Contracts 264.103 Direct Payments 264.104 Parent or Guardian Liability 264.1061 Foster Parent Performance 264.107 Placement of Children 264.1071 Office Stays Prohibited 264.1072 Educational Stability 264.1073 Treatment Foster Care 264.1075 Assessing Needs of Child 264.1076 Medical Examination Required 264.1078 Luggage for Foster Children 264.1085 Foster Care Placement in Compliance with Federal Law Required 264.109 Assignment of Support Rights in Substitute Care Cases 264.110 Prospective Foster or Adoptive Parent Statement 264.112 Report on Children in Substitute Care 264.113 Foster Parent Recruitment 264.114 Immunity from Liability; Adverse Departmental Action Prohibited 264.115 Returning Child to School 264.116 Texas Foster Grandparent Mentors 264.118 Annual Survey 264.120 Discharge Notice 264.121 Transitional Living Services Program 264.1211 Career Development and Education Program 264.1212 Facilitation of Transition to Institution of Higher Education 264.1213 Records and Documents for Children Aging Out of Foster Care 264.1214 Housing for Homeless Youth Aging Out of Foster Care 264.1215 Pilot Program for Financial Transitional Living Services 264.122 Court Approval Required for Travel Outside United States by Child in Foster Care 264.123 Reports Concerning Children Who Are Missing or Victims of Sex Trafficking 264.124 Day Care for Foster Child 264.125 Age-Appropriate Normalcy Activities; Standard of Care 264.1261 Foster Care Capacity Needs Plan 264.128 Single Child Plan of Service Initiative 264.130 Pregnancy and Parenting Information 264.131 Use of Foster Child Dna for Certain Purposes Prohibited

Subchapter B-1. Community-Based Care

264.151 Legislative Intent 264.152 Definitions 264.153 Community-Based Care Implementation Plan 264.154 Qualifications of Single Source Continuum Contractor; Selection; Publication 264.155 Contract Provisions 264.156 Readiness Review Process for Community-Based Care Contractor 264.157 Expansion of Community-Based Care 264.158 Transfer of Case Management Services to Single Source Continuum Contractor 264.159 Data Access and Standards Governance Council 264.160 Liability Insurance Requirements 264.161 Statutory Duties Assumed by Contractor 264.162 Review of Contractor Performance 264.163 Continuing Duties of Department 264.164 Confidentiality 264.165 Notice Required for Early Termination of Contract 264.166 Contingency Plan in Event of Early Contract Termination 264.167 Attorney-Client Privilege 264.168 Review of Contractor Recommendations by Department 264.170 Limited Liability for Single Source Continuum Contractor or Nonprofit Entity Contracted to Provide Community-Based Care or Child Welfare Services and Related Personnel 264.171 Joint Legislative Oversight Committee on Community-Based Care Transition 264.172 Office of Community-Based Care Transition

Subchapter B-2. Rural Community-Based Care Pilot Program

Subchapter B-2, consisting of Secs. 264.181 to 264.198, was added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1.

For another Subchapter B-2, consisting of Secs. 264.191 to 264.196, added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 2, see Sec. 264.191 et seq., post.

For expiration of this subchapter, see Section 264.198.

264.181 Definitions 264.182 Implementation of Pilot Program 264.183 Qualifications of Lead Entity; Selection; Procurement 264.184 Pilot Program Model and Implementation Schedule; Authority 264.185 Community Alliance 264.186 Development of Funding and Resources 264.187 Data Management and Information Sharing 264.188 Workforce Development 264.189 Waivers 264.190 Conflict Resolution Process 264.191 Change Order Process 264.192 Confidentiality 264.193 Privileged Communication 264.194 Post-Implementation Independent Evaluation 264.195 Program Development Report 264.196 Annual Implementation Report 264.197 Rulemaking 264.198 Program Review; Expiration

Subchapter B-2. Receiver for Single-Source Continuum Contractor

Subchapter B-2, consisting of Secs. 264.191 to 264.196, was added by Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 2.

For another Subchapter B-2, consisting of Secs. 264.181 to 264.198, added by Acts 2025, 89th Leg., R.S., Ch. 9 (S.B. 513), Sec. 1, see Sec. 264.181 et seq., post.

264.191 Definitions 264.1915 Receiver of Single-Source Continuum Contractor 264.192 Proceeding to Appoint Receiver 264.1925 Qualifications 264.193 Limited Duration; Assessment 264.1935 Bond 264.194 Powers and Duties of Receiver 264.1945 Compensation of Receiver 264.195 Liability of Receiver 264.1955 Obligations and Liability of Single-Source Continuum Contractor; Sale or Lease of Property by Single-Source Continuum Contractor 264.196 Termination of Receivership

Subchapter C. Child and Family Services

264.201 Services by Department 264.2011 Enhanced in-Home Support Program 264.2015 Family Group Conferencing 264.202 Standards and Effectiveness 264.203 Required Participation 264.2031 Selection of Service Provider; Reimbursement 264.2032 Report on Court-Ordered Participation in Services 264.204 Community-Based Family Services 264.2041 Cultural Awareness 264.2042 Nonprofit Organizations Providing Child and Family Services 264.2043 Prohibition on Abuse or Neglect Investigation Based Solely on Request for Information 264.2044 Grants for Faith-Based Community Collaborative Programs 264.205 Swift Adoption Teams 264.207 Home Study Required Before Adoption

Subchapter E. Children's Advocacy Centers

264.401 Definition 264.402 Establishment of Children's Advocacy Center 264.403 Interagency Memorandum of Understanding 264.4031 Multidisciplinary Team Working Protocol 264.404 Board Representation 264.405 Center Duties 264.406 Multidisciplinary Team 264.4061 Multidisciplinary Team Response Required 264.407 Liability 264.408 Use of Information and Records; Confidentiality and Ownership 264.409 Administrative Contracts 264.410 Contracts with Children's Advocacy Centers 264.411 Eligibility for Contracts

Subchapter F. Child Fatality Review and Investigation

264.501 Definitions 264.502 Committee 264.503 Purpose and Duties of Committee and Specified State Agencies 264.5031 Collection of Near Fatality Data 264.5032 Report on Child Fatality and Near Fatality Data 264.504 Meetings of Committee 264.505 Establishment of Review Team 264.506 Purpose and Duties of Review Team 264.507 Duties of Presiding Officer 264.508 Review Procedure 264.509 Access to Information 264.510 Meeting of Review Team 264.511 Use of Information and Records; Confidentiality 264.512 Governmental Units 264.513 Report of Death of Child 264.514 Procedure in the Event of Reportable Death 264.515 Investigation

Subchapter G. Court-Appointed Volunteer Advocate Programs

264.601 Definitions 264.602 Contracts with Advocate Programs 264.603 Administrative Contracts 264.604 Eligibility for Contracts 264.605 Contract Form 264.606 Criteria for Award of Contracts 264.607 Contract Requirements 264.608 Report to the Legislature 264.609 Rule-Making Authority 264.610 Confidentiality 264.611 Consultations 264.612 Funding 264.613 Use of Information and Records; Confidentiality 264.614 Internet Application for Case Tracking and Information Management System

Subchapter I. Relative and Other Designated Caregiver Placement Program

264.751 Definitions 264.752 Relative and Other Designated Caregiver Placement Program 264.753 Expedited Placement 264.754 Assessment of Proposed Placement 264.7541 Caregiver Visit with Child; Information 264.755 Caregiver Assistance Agreement 264.7551 Fraudulent Agreement; Criminal Offense; Civil Penalty 264.756 Assistance with Permanent Placement 264.757 Coordination with Other Agencies 264.758 Funds 264.760 Eligibility for Foster Care Payments and Permanency Care Assistance 264.762 Annual Report

Subchapter K. Permanency Care Assistance Program

264.851 Definitions 264.852 Permanency Care Assistance Agreements 264.8521 Notice to Applicants 264.853 Rules 264.854 Maximum Payment Amount 264.855 Continued Eligibility for Permanency Care Assistance Benefits After Age 18 264.856 Appropriation Required

Subchapter L. Parental Child Safety Placements

264.901 Definitions 264.902 Parental Child Safety Placement Agreement 264.903 Caregiver Evaluation 264.904 Department Procedures for Closing Case 264.905 Removal of Child by Department 264.906 Placement Preference During Conservatorship 264.907 Inclusions in Reports of Parental Child Safety Placements