Text of section effective on April 01, 2025
Sec. 546.0221.  SEARCH FOR CHILD'S PARENT OR GUARDIAN.  (a)  The commission shall develop and implement a process by which the commission, on receipt of notification under Section 546.0210(h) that a child's parent or guardian cannot be located, conducts a search for the parent or guardian. If, on the first anniversary of the date the commission receives the notification under that subsection, the commission has been unsuccessful in locating the parent or guardian, the commission shall refer the case to:
(1)  the department's child protective services division if the child is 17 years of age or younger; or
(2)  the department's adult protective services division if the child is 18 years of age or older.
(b)  On receipt of a referral under Subsection (a)(1), the department's child protective services division shall exercise intense due diligence in attempting to locate the child's parent or guardian. If the division is unable to locate the child's parent or guardian, the department shall file a suit affecting the parent-child relationship requesting an order appointing the department as the child's temporary managing conservator.
(c)  A child is considered abandoned for purposes of the Family Code if the child's parent or guardian cannot be located following the department's exercise of intense due diligence in attempting to locate the parent or guardian.
(d)  On receipt of a referral under Subsection (a)(2), the  department's adult protective services division shall notify the court that appointed the child's guardian that the guardian cannot be located.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.