Resource Letter:
For Judges and Attorneys Handling Child Protective Services Cases
June 29, 2021
Effective July 1, 2021, DFPS will not file Non-Emergency Removals
During the 87th Legislative Session, several significant bills passed which impact child welfare law, including House Bill 567. House Bill 567 contains several significant provisions that will go into effect on September 1, 2021. One major change set out in HB 567 is the repeal of the statutory framework for non-emergency removals.

The Texas Department of Family and Protective Services (DFPS) Child Protective Investigations Division made a determination that effective July 1, 2021, DFPS will no longer file non-emergency removals. DFPS policy has not yet been updated but changes to several sections, including Taking Legal Custody of a Child and Conducting a Nonemergency Removal are pending.

DFPS and the Children’s Commission plan to partner to develop additional guidance on the impact of this change. Please look for additional information in the coming months.
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For a complete list of Resource Letters, please visit the Children's Commission webpage. Information provided by the Children’s Commission should not be read as a commentary by the Supreme Court of Texas or any other court. The Children’s Commission website is not equipped to facilitate dialogue or conversation about matters related to the information in this communique. For more information about the Children’s Commission, please visit our website.