Texas Family Code 263.0021 – Notice of Hearing; Presentation of Evidence
(a) Notice of a hearing under this chapter shall be given to all persons entitled to notice of the hearing.
(b) The following persons are entitled to at least 10 days’ notice of a hearing under this chapter and are entitled to present evidence and be heard at the hearing:
(1) the department;
(2) the foster parent, preadoptive parent, relative of the child providing care, or director or director’s designee of the group home or general residential operation where the child is residing;
(3) each parent of the child;
(4) the managing conservator or guardian of the child;
(5) an attorney ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(6) a guardian ad litem appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(7) a volunteer advocate appointed for the child under Chapter 107, if the appointment was not dismissed in the final order;
(8) the child if:
(A) the child is 10 years of age or older; or
(B) the court determines it is appropriate for the child to receive notice; and
(9) any other person or agency named by the court to have an interest in the child’s welfare.
Terms Used In Texas Family Code 263.0021
- 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
- Rule: includes regulation. See Texas Government Code 311.005
- Testify: Answer questions in court.
(c) Notice of a hearing under this chapter may be given:
(1) as provided by Rule 21a, Texas Rules of Civil Procedure;
(2) in a temporary order following a full adversary hearing;
(3) in an order following a hearing under this chapter;
(4) in open court; or
(5) in any manner that would provide actual notice to a person entitled to notice.
(d) The licensed administrator of the child-placing agency responsible for placing the child or the licensed administrator’s designee is entitled to at least 10 days’ notice of a permanency hearing after final order.
(e) Notice of a hearing under this chapter provided to an individual listed under Subsection (b)(2) must state that the individual may, but is not required to, attend the hearing and may request to be heard at the hearing.
(f) In a hearing under this chapter, the court shall determine whether the child’s caregiver is present at the hearing and allow the caregiver to testify if the caregiver wishes to provide information about the child.