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 proactive actions aimed at maintaining or reuniting children with their families. It requires DFPS to assist parents in navigating case plans and accessing resources, while prioritizing the child's health and safety in decisions regarding removal or reunification. The legislation replaces the term "reasonable efforts" with "active efforts," emphasizing the necessity for DFPS to demonstrate substantial efforts to return a child to their parent before terminating parental rights.

Additionally, the bill mandates that affidavits in child removal cases detail the "active efforts" made to prevent removal, ensuring a proactive approach to child safety. Courts are required to find that active efforts were made before issuing temporary conservatorship or restraining orders, and they must document these efforts in their orders and hearings. The bill also outlines specific conditions for child removal, such as immediate danger to the child's health or safety, and emphasizes the importance of returning children to their parents when in the child's best interest. Overall, the amendments aim to strengthen the child welfare framework and enhance support for families in crisis while ensuring children's well-being remains the top priority.

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 263, Family Code 262)