(a) Except as provided by Subsection (d), at the conclusion of the hearing in a suit filed under § 262.404, the court shall order the department to provide family preservation services and to execute a family preservation services plan developed in collaboration with the family of the child who is a candidate for foster care if the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that:
(1) abuse or neglect occurred or there is a substantial risk of abuse or neglect or continuing danger to the child’s physical health or safety caused by an act or failure to act of the parent, managing conservator, guardian, or other member of the child’s household;
(2) family preservation services are necessary to ensure the child’s physical health or safety; and
(3) family preservation services are appropriate based on the child’s safety risk assessment and the child’s family assessment.
(b) The court’s order for family preservation services must:
(1) identify and require specific services narrowly tailored to address the factors that make the child a candidate for foster care; and
(2) include a statement on whether the services to be provided to the family are appropriate to address the factors that place the child at risk of removal.

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Terms Used In Texas Family Code 262.406

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) The court may, in its discretion, order family preservation services for a parent whose parental rights to another child were previously terminated.
(d) If the court finds, by clear and convincing evidence, that the parent has subjected the child to aggravated circumstances described by § 262.2015, the court may order that family preservation services not be provided.