Texas Child Protection Law Bench Book

Updated September 2025

C. Child Missing from Substitute Care

Notwithstanding Tex. Fam. Code § 263.401, if the court finds the child is missing from the child's substitute care provider, the court must retain jurisdiction and schedule a new dismissal date that is 180 days after the last dismissal date. The court may not dismiss 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 services or benefits. Tex. Fam. Code § 263.4012(a).

If the court retains jurisdiction under Tex. Fam. Code § 263.4012(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. Tex. Fam. Code § 263.4012(b).