Tool Kit for Attorneys Representing Parents and Children in Child Welfare Cases. 2026 version

Disclaimer

The 2026 Toolkit for Attorneys Representing Parents and Children in Child Welfare Cases is funded by the Children's Commission through the federal Court Improvement Program. The materials in this toolkit should not be construed as an advisory or ruling by or from the Supreme Court of Texas or any other court on specific cases or legal issues. These materials are solely intended to address the improvement of the law, the legal system, and the administration of justice. The information included in this toolkit was originally released in August 2020 and last updated in April 2026.

Letter from the Executive Director and Acknowledgments
Letter from the Executive Director and Acknowledgments
 
Legal Essentials
Overview: Child Welfare Case Flow Chart
 
Duties of Parents' and Children's Attorneys
 
Burden of Proof
 
Best Interest of the Child
 
Reasonable Efforts
 
Pleading Practice
 
Motion Practice
 
Termination Grounds
 
Discovery
 
Evidentiary Issues
 
Investigations & Alternatives to Removal
Investigations of Child Abuse and Neglect
 
Alternatives to Removal of a Child
 
Statutory Hearings
At a Glance Chart
 
Required Participation in Services
 
Ex Parte Hearings
 
Adversary Hearings
 
Status Hearing
 
Permanency Hearing Before Final Order
 
Final Hearing/Trial on the Merits
 
Appellate Transition
 
Permanency Hearing After Final Order
 
De Novo Hearing
 
Concurrent Issues
Appealing a Temporary Order
 
Placement
 
Visitation
 
Medical Abuse and Neglect Allegations
 
Child's Attorney Issues
Child Well-Being
 
Interviewing the Child Client
 
Normalcy
 
Children Without Placement (CWOP)
 
Children with Disabilities
 
Dual Status Youth
 
Psychotropic Medication Parameters for Children
 
Permanency Goals and Permanency Planning
 
Representation of Children in the Permanent Managing Conservatorship (PMC) of DFPS
 
Older Youth in Foster Care
 
Child Turns 18 While in PMC or TMC
 
Parent's Attorney Issues
Paternity
 
Child Support and Kinship Support
 
Inability to Care & Parents with Disabilities
 
Incarcerated Parents
 
Parents with an Open Criminal Case
 
Reinstatement of Parental Rights
 
Trauma-Informed Advocacy
Using a Trauma-Informed Lens for Interacting with Clients
 
Federal Law
Indian Child Welfare Act (ICWA)
 
Interstate Placements (ICPC)
 
Special Immigrant Juvenile Status (SIJS)
 
School Stability Under Federal & State Law
 
Family First Preservation Services Act (FFPSA)
 
Servicemembers Civil Relief Act (SCRA)
 
Checklists
Required Participation Hearing Checklist
 
Adversary Hearing Checklist
 
Status Hearing Checklist
 
Permanency Hearing Before Final Order Checklist
 
Final Hearing Checklist for Non-Jury Trial
 
Permanency Hearing After Final Order Checklist
 
Reasonable Efforts Checklist
 
Termination Grounds Checklist
 
Reference Materials
Common Acronyms & Abbreviations
 
Additional Resources
 
Endnotes