FastLaws: 2004 Texas Family Code, Sec. 161.107. Missing Parent or Relative.

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Baker's Texas Family Code Handbook includes the full text of the Texas Family Code as amended through the 79th Session of the Texas Legislature, and contains almost 11,000 case notes from reported Texas court decisions, constuting a one-volume annotated Texas Family Code. For more information see the Baker's Texas Family Code Handbook information page. Use our order form to place your order today.

No amendments to this provision were enacted at the 79th Regular Session of the Texas Legisature (2005).

2004 Texas Family Code

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

SUBCHAPTER B. PROCEDURES

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Sec. 161.107. Missing Parent or Relative.

(a) In this section:

(1) "Parent" means a parent whose parent-child relationship with a child has not been terminated.

(2) "Relative" means a parent, grandparent, or adult sibling or child.

(b) If a parent of the child has not been personally served in a suit in which the Department of Protective and Regulatory Services seeks termination, the department must make a diligent effort to locate that parent.

(c) If a parent has not been personally served and cannot be located, the department shall make a diligent effort to locate a relative of the missing parent to give the relative an opportunity to request appointment as the child's managing conservator.

(d) If the department is not able to locate a missing parent or a relative of that parent and sufficient information is available concerning the physical whereabouts of the parent or relative, the department shall request the state agency designated to administer a statewide plan for child support to use the parental locator service established under 42 U.S.C. Section 653 to determine the location of the missing parent or relative.

(e) The department shall be required to provide evidence to the court to show what actions were taken by the department in making a diligent effort to locate the missing parent and relative of the missing parent.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 71, eff. Sept. 1, 1995.

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