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Tex. Fam. Code § 263.103

ORIGINAL SERVICE PLAN: SIGNING AND TAKING EFFECT

Applied in 3 court decisions — leading case in the Interest of A.C.B., O.B.B., O.C.B. and O.D.B., Children (2006)

Most recently applied in D. F. v. Texas Department of Family and Protective Services (November 2012)

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff

(a) The original service plan shall be developed jointly by the child's parents and a representative of the department, including informing the parents of their rights in connection with the service plan process. If a parent is not able or willing to participate in the development of the service plan, it should be so noted in the plan.

(a-1) Before the original service plan is signed, the child's parents and the representative of the department shall discuss each term and condition of the plan.

(b) The child's parents and the person preparing the original service plan shall sign the plan, and the department shall give each parent a copy of the service plan.

(c) If the department determines that the child's parents are unable or unwilling to participate in the development of the original service plan or sign the plan, the department may file the plan without the parents' signatures.

(d) The original service plan takes effect when:

(1) the child's parents and the appropriate representative of the department sign the plan; or

(2) the court issues an order giving effect to the plan without the parents' signatures.

(e) The original service plan is in effect until amended by the court or as provided under Section 263.104.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.