DFPS Form 2638: Texas Authorization Agreement for Voluntary Adult Caregiver

What DFPS Form 2638 Is

DFPS Form 2638 is the official state form for a Texas Family Code Chapter 34 Authorization Agreement for Voluntary Adult Caregiver. It is published by the Texas Department of Family and Protective Services and available for free on the DFPS website and TexasLawHelp.org.

The form lets a parent delegate school enrollment, medical consent, immunization authority, health insurance management and other everyday decisions to a grandparent, relative or any trusted adult — without going to court.

An important distinction: DFPS Form 2638 is the standard form, but Texas law does not mandate its exclusive use. Another form can be used if it contains all information and disclosures required by Tex. Fam. Code § 34.003 and is executed as required by § 34.004.

How to Fill It Out

The form has several sections:

Child information: Full legal name and date of birth. One form per child — if you are caring for siblings, each child needs a separate agreement.

Parent information: The authorizing parent's name, address and contact information. One parent can sign alone, but doing so triggers a mandatory notice requirement (see below).

Caregiver information: The adult who will exercise authority. This person does not need to be a blood relative — since 2017, any adult the parent authorizes qualifies.

Delegated authority: The form lists the categories of authority being granted: educational decisions, medical and dental consent, immunizations, health insurance, obtaining identity documents (state ID, birth certificate), and more.

Statutory disclosures: The form includes mandatory warnings that the agreement does not transfer custody, that the parent retains all parental rights, and that the parent can revoke the agreement at any time.

Getting It Notarized

Both the parent and the caregiver must sign in front of a notary public. The statute requires a jurat — meaning you swear under oath that the statements are true — not a simple acknowledgment of identity. A standard witness signature does not satisfy Chapter 34.

Where to find a notary: banks, UPS stores, FedEx offices, county clerk offices, some libraries. Fees in Texas are capped by law. If the parent is incarcerated, the correctional facility may provide notary services — confirm with the facility in advance.

The 10-Day Certified Mail Rule

If both parents did not sign, the parties must mail copies of the executed agreement to the non-signing parent within 10 calendar days, if that parent is living and parental rights have not been terminated, unless the family-violence exception in § 34.005(a-2) applies. Texas law requires dual mailing:

1. One copy by certified mail, return receipt requested
2. One copy by regular first-class mail

Both go to the non-signing parent's last known address. Keep the certified mail tracking receipt and the green return receipt card — these are your proof of compliance. If you miss the 10-day deadline, the agreement is legally void.

Exception: Under § 34.005(a-2), notice is not required if the non-signing parent has no court-ordered possession of or access to the child and previously committed family violence or assault against the signing parent, the child covered by the agreement, or another child of the signing parent. The conduct must be documented by a protective order under Chapter 85 (or similar law of another state), or a conviction for a Title 5 offense or another criminal offense whose elements involve a violent act or prohibited sexual conduct.

After Execution

Give copies to:

• The child's school (registrar or enrollment office)
• The child's pediatrician, dentist and any other medical providers
• Keep the original in a safe place

The agreement lasts six months and automatically renews every six months unless the parent set a shorter term. Only one Chapter 34 agreement can be active for a child at any time.

Common Mistakes

• Skipping the notary: An unnotarized form is invalid under Chapter 34.
• Missing the 10-day notice: If one parent signs, the clock starts immediately. Mail it the same week.
• Confusing it with a power of attorney: A Chapter 34 authorization is its own statutory instrument, distinct from a general power of attorney or guardianship.
• Trying to use it for passports: Federal passport rules require both parents' consent under 22 CFR § 51.28. A Chapter 34 agreement does not override that.

The Texas School and Medical Consent Guide includes a detailed walkthrough of the Form 2638 execution process, a notary preparation checklist, the certified mail tracking log and escalation letters for presenting the form at schools and clinics.

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