BILL ANALYSIS Senate Research Center S.B. 2165 89R17876 TYPED By: Parker Jurisprudence 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In Texas, courts have dismissed cases involving foster children who have gone missing from their placements, effectively terminating the Department of Family and Protective Services' (DFPS) legal responsibility to provide care and protection. This practice has left vulnerable children without access to necessary services, legal oversight, or a structured plan for their safe return. These missing youth are at high risk of exploitation, homelessness, and further harm. These children are in the care of the state, and the state should never stop seeking their safe return. S.B. 2165 seeks to address this critical gap by ensuring that courts retain jurisdiction over cases in which a foster child has gone missing. The bill prohibits the dismissal of suits affecting the parent-child relationship solely because a child has gone missing from their substitute care provider. By maintaining jurisdiction, the courts and DFPS must continue efforts to locate, recover, and provide support for missing children, rather than severing legal responsibility and leaving them without protection. This legislation reinforces Texas' commitment to safeguarding the well-being of children in foster care and ensuring that they are not abandoned by the legal system when they are most vulnerable. As proposed, S.B. 2165 amends current law relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 263, Family Code, by adding Section 263.4012, as follows: Sec. 263.4012. PROHIBITING DISMISSAL WHEN CHILD IS MISSING. Provides that the court, notwithstanding Section 263.401 (Dismissal After One Year; New Trials; Extension), is required to retain jurisdiction and prohibited from dismissing the suit as required by that section if the court finds the child is missing from the child's substitute care provider. SECTION 2. Amends Section 263.501(g), Family Code, as follows: (g) Prohibits a court required to conduct permanency hearings for a child for whom the Department of Family and Protective Services (DFPS) has been appointed permanent managing conservator, unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than DFPS, from dismissing a suit affecting the parent-child relationship filed by DFPS regarding the child while the child is in certain circumstances, including missing from the child's substitute care provider. Makes nonsubstantive changes. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2165
89R17876 TYPED By: Parker
Jurisprudence
4/14/2025
As Filed
Senate Research Center
S.B. 2165
89R17876 TYPED
By: Parker
Jurisprudence
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In Texas, courts have dismissed cases involving foster children who have gone missing from their placements, effectively terminating the Department of Family and Protective Services' (DFPS) legal responsibility to provide care and protection. This practice has left vulnerable children without access to necessary services, legal oversight, or a structured plan for their safe return. These missing youth are at high risk of exploitation, homelessness, and further harm. These children are in the care of the state, and the state should never stop seeking their safe return.
S.B. 2165 seeks to address this critical gap by ensuring that courts retain jurisdiction over cases in which a foster child has gone missing. The bill prohibits the dismissal of suits affecting the parent-child relationship solely because a child has gone missing from their substitute care provider. By maintaining jurisdiction, the courts and DFPS must continue efforts to locate, recover, and provide support for missing children, rather than severing legal responsibility and leaving them without protection.
This legislation reinforces Texas' commitment to safeguarding the well-being of children in foster care and ensuring that they are not abandoned by the legal system when they are most vulnerable.
As proposed, S.B. 2165 amends current law relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter E, Chapter 263, Family Code, by adding Section 263.4012, as follows:
Sec. 263.4012. PROHIBITING DISMISSAL WHEN CHILD IS MISSING. Provides that the court, notwithstanding Section 263.401 (Dismissal After One Year; New Trials; Extension), is required to retain jurisdiction and prohibited from dismissing the suit as required by that section if the court finds the child is missing from the child's substitute care provider.
SECTION 2. Amends Section 263.501(g), Family Code, as follows:
(g) Prohibits a court required to conduct permanency hearings for a child for whom the Department of Family and Protective Services (DFPS) has been appointed permanent managing conservator, unless the child is adopted or permanent managing conservatorship of the child is awarded to an individual other than DFPS, from dismissing a suit affecting the parent-child relationship filed by DFPS regarding the child while the child is in certain circumstances, including missing from the child's substitute care provider. Makes nonsubstantive changes.
SECTION 3. Effective date: September 1, 2025.