H.B. No. 2864 introduces 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 a child with their family. It requires DFPS to assist parents in navigating case plans and accessing resources while conducting thorough assessments of family circumstances to prioritize safe reunification. The bill emphasizes that the health and safety of the child is the primary concern in determining the necessary efforts to prevent removal. Additionally, it modifies the criteria for terminating the parent-child relationship, mandating clear evidence of active efforts made by DFPS before a trial can proceed.

Furthermore, the bill enhances the requirements for affidavits and court orders related to child removal, replacing "reasonable efforts" with "active efforts" to underscore the importance of proactive measures in child welfare. It outlines conditions for issuing temporary orders for child conservatorship without prior notice, emphasizing the need for evidence of immediate danger to the child's safety. The bill also mandates regular reviews of children in foster care and young adults in extended foster care, focusing on their living arrangements and progress towards independence. Overall, the amendments aim to strengthen the legal framework surrounding child welfare, ensuring that all possible measures are taken to protect children while minimizing unnecessary removals from their homes. The bill is 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 161, Family Code 262, Family Code 263)