Under Texas Family Code section 102.00(b-1,a foster parent may only be granted leave to intervene under Subsection (b) if the foster parent would have standing to file an original suit as provided by Section 102.003(a)(12). Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An original suit may be filed at any time by: (12) a person who is the foster parent of a child placed by the Department of Family and Protective Services in the person’s home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition.
In computing the time necessary for standing under Tex. Fam. Code § 102.003(a)(9), Tex. Fam. Code § 102.003(a)(11), and Tex. Fam. Code § 102.003(a)(12), the court may not require that the time be continuous and uninterrupted but shall consider the child’s principal residence during the relevant time preceding the date of commencement of the suit. Tex. Fam. Code § 102.003(b).
Notwithstanding the time requirements of Tex. Fam. Code § 102.003(a)(12), a person who is the foster parent of a child may file a suit to adopt a child for whom the person is providing foster care at any time after the person has been approved to adopt the child. The standing to file suit under Tex. Fam. Code § 102.003(a)(12) applies only to the adoption of a child who is eligible to be adopted. Tex. Fam. Code § 102.003(c).
Generally, there are two Avenues to Seek to Intervene in CPS Proceedings. General standing provision, Tex. Fam. Code § 102.003 (a)(12) an original suit may be filed at any time by a person who is a foster parent of a child placed by the Department of Family and Protective Services in the person’s home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition OR Established through: Tex. Fam. Code § 102.004(b), showing of Substantial Past Contact, and satisfactory proof to the court that the appointment of a parent as Sole Managing Conservator or both parents as Joint Managing Conservators would significantly impair the child’s physical health or emotional development
Foster Parents Showing of Substantial Past Contact Foster parents who had the children for 4 months had established substantial past contact under Tex. Fam. Code § 102.004(b). They did not have to show standing under Tex. Fam. Code § 102.003(12). (In re Salverson, No. 01-12-00343-CV (Tex. App. – Houston, April 23, 2012, no pet.) (mem. op.)) Foster parents who had the children placed in their care for almost 22 months at the time the intervention was filed had substantial past contact under Tex. Fam. Code § 102.004(b). (In re A.B., 412 S.W.3d 588 (Tex. App. – Fort Worth 2013), aff’d No. 13-0749 (Tex. May 16, 2014)) Foster parents had standing under Tex. Fam. Code § 102.004(b) because the child had been in their care for all but the first 7 days of the child’s life, for a total of 15 months, at the time their intervention was filed. (In re N.L.G., 238 S.W.3d 828 (Tex. App. – Fort Worth 2007, no pet.)).
It can be seen from the above statutes and case law the necessity of having the child in your care for at least 12 months to have standing to file a petition for intervention as a foster parent for the child. A foster parent who has a child placed with them through CPS or has substantial past contact with the child needs to be aware of these requirements before filing their intervention.
As you can see from this article, intervening of a foster parent can be a complicated process, with many rules and many exceptions to the rules. In order to intervene as a foster parent, you need an experienced family law attorney who is familiar with the rules and potential exceptions to the rules in the Family Law Code. At The Werner Law Group, we have handled dozens of foster parent interventions over a course of many years. Contact us today to get started on the intervention process today!