SB2165

Regular Session

Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Department of Family and Protective Services (DFPS) • Texas Family Courts

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 1, 2025 (Systems must be updated prior to the effective date to capture cases pending dismissal in September).
Agency Rulemaking: While no specific rulemaking deadline is mandated, DFPS will likely issue policy guidance regarding "diligent search" documentation requirements prior to Q3 2025.

Immediate Action Plan

1. Audit Pending Caseload: Immediately identify all currently missing/runaway youth in your care. Determine which cases will cross the one-year dismissal mark on or after September 1, 2025.
2. Update CMS Protocols: Contact your software vendors to ensure "Missing" status codes can trigger a suspension of dismissal countdowns.
3. Review Insurance Coverage: Consult with your liability carrier to confirm that Professional and General Liability coverage extends to children who remain on your legal docket (due to this statute) but have been physically absent from your facility for 6+ months.
4. Revise Discharge SOPs: Update Standard Operating Procedures to ensure that legal counsel is notified immediately upon a child going missing, so they can file the necessary motions to invoke Section 263.4012 jurisdiction retention.

Operational Changes Required

Contracts

Master Service Agreements (MSA): Review current DFPS MSAs regarding "bed hold" and discharge policies. You must clarify if your agency remains the "placement of record" for liability purposes during the extended 180-day jurisdiction periods, even if the bed is released to another child.
Legal Retainers: Update engagement letters with outside counsel. Fixed-fee arrangements for DFPS defense must account for the possibility of indefinite extensions due to a child's runaway status, rather than a guaranteed 12-18 month case closure.

Hiring/Training

Case Management Staff: Train staff on the new "Missing Child" exception to dismissal. They must understand that a child running away no longer "clocks out" the legal case; it extends it.
Legal Teams: Staffing models must account for continued permanency hearings for absent children. You cannot reallocate legal resources based on projected dismissal dates if the child is missing.

Reporting & Record-Keeping

Evidence of "Missing" Status: The law shifts the burden of proof to the status of the child. You must implement a rigorous logging system for "Runaway/Abducted" status. This log will serve as the primary evidentiary exhibit to prevent case dismissal.
System Logic: Reprogram case management software (CMS). Ensure that a "Missing" status flag overrides any auto-archive or auto-dismissal logic based on the standard one-year deadline.

Fees & Costs

Unreimbursed Administration: Prepare for an increase in administrative overhead (court reporting, hearing attendance) without corresponding per-diem revenue, as the state generally does not pay daily rates for children not physically present in the facility.

Strategic Ambiguities & Considerations

Definition of "Found": The statute dictates jurisdiction ends when the child is "found," but fails to define if this requires physical return to the provider or merely location by law enforcement. If a child is located but refuses to return, it is unclear if the 180-day clock stops.
Provider Discharge vs. Court Jurisdiction: The law binds the *Court* to keep the case open, but is silent on the *Provider's* right to discharge the child from their specific agency roster after a prolonged absence. This creates a potential liability gap where a provider is legally attached to a child they have not seen in months.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsFamily Family--child Protection Family--parent & Child Missing Children Courts Courts--general Conservatorship

Official Analysis

View HRO Analysis View All Bill Documents

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.

Senate Authors

Sen. Tan ParkerRepublican · Primary Author

House Sponsor

Rep. Ann JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 2165

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to prohibiting the dismissal of certain suits affecting
	the parent-child relationship involving the Department of Family
	and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter E, Chapter 263, Family Code, is
	amended by adding Section 263.4012 to read as follows:
	Sec. 263.4012. PROHIBITING DISMISSAL AND RETAINING
	JURISDICTION WHEN CHILD IS MISSING. (a) Notwithstanding Section
	263.401, if the court finds the child is missing from the child's
	substitute care provider, the court shall retain jurisdiction and
	schedule a new dismissal date that is 180 days after the last
	dismissal date. The court may not dismiss the case until the
	earlier of the date the child is found or the date on which the child
	would no longer be eligible to receive department services or
	benefits.
	(b) If the court retains jurisdiction under Subsection (a)
	but does not commence the trial on the merits before the dismissal
	date, the court's jurisdiction over the suit is terminated and the
	suit is automatically dismissed without a court order.
	SECTION 2. Section 263.501(g), Family Code, is amended to
	read as follows:
	(g) Unless the child is adopted or permanent managing
	conservatorship of the child is awarded to an individual other than
	the department, a [A] court required to conduct permanency hearings
	for a child for whom the department has been appointed permanent
	managing conservator may not dismiss a suit affecting the
	parent-child relationship filed by the department regarding the
	child while the child is:
	(1) committed to the Texas Juvenile Justice Department
	or released under the supervision of the Texas Juvenile Justice
	Department; or
	(2) missing from the child's substitute care
	provider[~~, unless the child is adopted or permanent managing~~
	~~conservatorship of the child is awarded to an individual other than~~
	~~the department~~].
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 15, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2165 by Parker (Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of

LBB Staff:

JMc, KDw, NTh

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Frequently Asked Questions

Common questions about SB2165

What does Texas SB2165 do?

SB2165 fundamentally alters the procedural lifecycle of foster care litigation by statutorily prohibiting the dismissal of Department of Family and Protective Services (DFPS) suits while a child is missing from care. This legislation primarily impacts Child Placing Agencies (CPAs), Residential Treatment Centers (RTCs), and Family Law practitioners, forcing these entities to maintain open legal files, continued representation, and administrative oversight for runaway youth indefinitely, in renewable 180-day increments, until the child is located or ages out. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 1, 2025 (Systems must be updated prior to the effective date to capture cases pending dismissal in September).

Who authored SB2165?

SB2165 was authored by Texas Senator Tan Parker during the Regular Session.

When was SB2165 signed into law?

SB2165 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2165?

SB2165 is enforced by Department of Family and Protective Services (DFPS) and Texas Family Courts.

How urgent is compliance with SB2165?

The compliance urgency for SB2165 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2165?

The cost impact of SB2165 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2165 address?

SB2165 addresses topics including family, family--child protection, family--parent & child, missing children and courts.

Legislative data provided by LegiScanLast updated: November 25, 2025

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