BILL ANALYSIS

Senate Research Center	S.B. 2165
	By: Parker
	Jurisprudence
	6/6/2025
	Enrolled

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.

(Original Author's/Sponsor's Statement of Intent)

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 AND RETAINING JURISDICTION WHEN CHILD IS MISSING. (a) Requires the court, notwithstanding Section 263.401 (Dismissal After One Year; New Trials; Extension), if the court finds the child is missing from the child's substitute care provider, to retain jurisdiction and schedule a new dismissal date that is 180 days after the last dismissal date. Prohibits the court from dismissing 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 of Family and Protective Services (DFPS) services or benefits.

(b) Provides that, 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. Amends Section 263.501(g), Family Code, as follows:

(g) Prohibits a court required to conduct permanency hearings for a child for whom 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.