Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to prohibiting the dismissal of certain suits affecting
the parent-child relationship involving the Department of Family
and Protective Services.
The bill bars family courts from dismissing a state child-welfare case when a child in foster or other substitute care has gone missing. It touches children in the custody of the Department of Family and Protective Services, their caregivers, and the courts that run their cases. When a child goes missing from placement, the court must keep the case open instead of letting the normal dismissal deadline end it, and after the state becomes permanent guardian the case also stays open while the child is missing, not only while the child is in juvenile detention.
Labels
Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 1045 by Rep. Hinojosa (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to prohibiting the dismissal of certain suits affecting
the parent-child relationship involving the Department of Family
and Protective Services.
WHAT IT DOES
Child gone missing? The case stays open.
The bill bars family courts from dismissing a state child-welfare case when a child in foster or other substitute care has gone missing. It touches children in the custody of the Department of Family and Protective Services, their caregivers, and the courts that run their cases. When a child goes missing from placement, the court must keep the case open instead of letting the normal dismissal deadline end it, and after the state becomes permanent guardian the case also stays open while the child is missing, not only while the child is in juvenile detention.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Last action, Mar 2, 2023: Referred to Juvenile Justice & Family Issues
Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.
89R17876 TYPED
By: Johnson
H.B. No. 4805
A BILL TO BE ENTITLED
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 WHEN CHILD IS MISSING.
Notwithstanding Section 263.401, the court shall retain
jurisdiction and may not dismiss the suit as required by that
section if the court finds the child is missing from the child's
substitute care provider.
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.