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Mandatory Hearings in a CPS Case

After the initial hearing, the Texas Family Code creates a time frame as to the types of hearing that must occur.  The timeline is driven by the one-year statutory deadline.  The deadline requires that a case must be resolved by the following Monday after the one year anniversary:  A one-time extension of up to 180 days may be granted under extraordinary circumstances.

262 Hearing/14 Day Hearing:  This hearing occurs within 14 days after the children have been removed from their parents. Usually, this is the first opportunity that the parents have to petition the court to return the children or to contest the removal.

Status Hearing:  If the children are not returned at the 262 hearing, then within 60 days after the children were removed, the court is required to hold a hearing to review the service plan and order services. A service plan is required to be filed no later than 45 days after the children are removed.  The purpose of the service plan is to identify the the services (or steps) that are necessary for the children to return home.

Permanency Hearing:  If the children have not returned home, then not later than 180 days after the children were removed, the court must have a permanency hearing to review the status of the case.

Additional Permanency Hearings: After the first permanency hearing, the court must conduct a permanency hearing within every four months to review the status of the case and the welfare of the child.