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 requires DFPS to assist parents in navigating case plans and accessing necessary resources, while prioritizing the child's health and safety in decisions regarding removal or reunification. The term "reasonable efforts" is replaced with "active efforts" in contexts related to DFPS's obligations to demonstrate substantial efforts to return a child to their parent before a trial on termination of parental rights.

Additionally, the bill mandates that affidavits related to child removal must specify all active efforts made to prevent removal, and courts must confirm that active efforts were made before issuing temporary conservatorship or restraining orders. It emphasizes the documentation of these efforts in court proceedings and allows for waiving service plan requirements in cases of aggravated circumstances. The bill also enhances the review process for children in foster care, requiring courts to assess whether DFPS has made active efforts to finalize permanency plans and ensure placements are in the least restrictive environments. Overall, the amendments aim to strengthen the legal framework surrounding child welfare cases, ensuring that family reunification is prioritized and that children receive the necessary support for stability and independence. The changes will 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 161, Family Code 262, Family Code 263)