Texas Family Code 263.0045 – Education in Home Setting for Foster Children
Terms Used In Texas Family Code 263.0045
- 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.
- 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
On request of a person providing substitute care for a child who is in the managing conservatorship of the department, the department shall allow the person to provide the child with an education in a home setting unless:
(1) the right of the department to allow the education of the child in a home setting has been specifically limited by court order;
(2) a court at a hearing conducted under this chapter finds, on good cause shown through evidence presented by the department in accordance with the applicable provisions in the department’s child protective services handbook (CPS August 2013), that education in the home setting is not in the best interest of the child; or
(3) the department determines that federal law requires another school setting.