Section 263.403 of the Texas Family Code provides that the court may produce an order that “(1) retains the court’s jurisdiction; (2) returns the child to the parent; (3) continues CPS to serve as the child’s TMC; and (4) provides that CPS monitors the family to ensure the child’s safety.” §263.403. If the court orders a Monitored Return, the original dismissal date is changed and the court shall set a new dismissal date no later than 180 days from the date of Monitored Return order
A Monitored Return gives a parent the opportunity to prove that he or she is capable of providing a safe and healthy environment to the children. The CPS case will be dismissed prior to the year-end deadline if the monitored return is successful. The number one goal is a return or a monitored return in court cases.
What happens when a monitored return fails? “The court must set a new dismissal date, which may not be later than the original dismissal date or 180 days after the child has been removed from the home during the monitored return period, whichever is later.” §263.403(c). There are serious consequences of a failed monitored return. CPS will most likely go for termination of the parental rights.
