H.B. No. 2864 establishes an "active efforts" standard for the removal of children under the managing conservatorship of the Department of Family and Protective Services (DFPS). The bill amends various sections of the Family Code to define "active efforts" as affirmative, thorough, and timely actions aimed at maintaining or reuniting a child with their family. It mandates that DFPS assist parents in navigating case plans and accessing necessary resources, while prioritizing the child's health and safety in decisions regarding removal or reunification. Key amendments include replacing the term "reasonable efforts" with "active efforts," particularly in the context of demonstrating substantial attempts to return a child to their parent before seeking termination of parental rights.

Additionally, the bill requires courts to document the active efforts made to facilitate a child's return or enable another caregiver's possession, ensuring that the child's safety remains the priority. It also mandates that affidavits in child removal cases detail all active efforts made to prevent or eliminate the need for removal. The legislation emphasizes the importance of assessing ongoing risks to the child's safety and outlines specific criteria for permanency hearings, including evaluating placements with relatives and providing services for reunification when in the child's best interest. These amendments aim to strengthen the legal framework surrounding child welfare cases and improve outcomes for children and young adults in the foster care system, with changes set to take effect on September 1, 2025.

Statutes affected:
Introduced: Family Code 161.001, Family Code 161.003, Family Code 262.001, Family Code 262.101, Family Code 262.102, Family Code 262.105, Family Code 262.107, Family Code 262.201, Family Code 262.2015, Family Code 263.202, Family Code 263.5031, Family Code 263.602 (Family Code 262, Family Code 263, Family Code 161)