How Long Does a Texas Authorization Agreement Last? Duration, Renewal and Expiration

Six Months, Then Automatic Renewal

Under Tex. Fam. Code § 34.0075, a Chapter 34 Authorization Agreement for Nonparent Adult Caregiver is valid for six months from the date of execution. At the end of that six months, it automatically renews for another six-month term — and keeps renewing indefinitely.

You do not need to sign a new agreement every six months. You do not need to go back to the notary. The agreement remains in continuous effect unless it reaches an earlier expiration, is revoked, or a terminating court order is entered.

The parent can specify a shorter duration in the agreement itself. If the form includes an expiration date earlier than six months, that date controls. But the default under the statute is six months with unlimited auto-renewal.

Can a Party Revoke It?

Yes. Under Tex. Fam. Code § 34.008, a parent who signed the agreement or the adult caregiver, as a party to it, can revoke it by:

1. Executing a written revocation
2. Delivering written notice to each party to the agreement
3. Filing the revocation with the county clerk where the child resides, where the child lived when the agreement was signed, or where the caregiver resides; and filing it with the clerk of each court specified by § 34.008(c)(3)

The court filings include any court with continuing, exclusive jurisdiction; any court with an order or pending case about the parent-child relationship, custody, possession, placement, access, or visitation; and any court that appointed a guardian. If both parents signed, either parent may revoke without the other's consent. Section 34.008(c) sets no separate waiting period.

The One-Agreement Rule

Texas law allows only one Chapter 34 authorization agreement to be in effect for a child at any time (§ 34.002(d) and § 34.008(f)). If a parent signs a new agreement with a different caregiver while the original agreement is still active, the second agreement is void — not the first.

To properly transition caregivers, the existing agreement must be revoked first, and then a new agreement can be executed with the new caregiver. Attempting to skip the revocation step creates a legal mess where the new caregiver's document has no legal force.

What Happens When a Parent's Situation Changes

Common scenarios:

Parent completes rehab and wants the child back: The parent revokes the agreement in writing and files with the county clerk. Authority returns to the parent immediately. No court involvement needed.

Parent goes to prison for a longer sentence: The agreement continues to auto-renew. If the parent originally signed it before incarceration, it remains valid. If the parent was arrested after signing, the agreement stays in effect unless a court order changes custody.

The second parent objects after receiving the 10-day notice: The non-signing parent's objection does not automatically void the agreement. But it may trigger a court proceeding if that parent files a SAPCR. Until a court orders otherwise, the agreement remains effective.

Parent dies: The current DFPS Form 2638 has no death-specific election. Chapter 34 does not list a parent's death as a termination event; ask a Texas attorney whether the agreement remains usable after the authorizing parent dies.

Practical Tips

• Calendar the six-month date even though renewal is automatic. Some schools and medical offices ask to see a "current" authorization and may question a document that is several years old. A brief explanatory letter citing § 34.0075 and the auto-renewal provision resolves this.
• Keep the original safe and carry copies. A lost original does not void the agreement, but you will need to re-execute if you cannot prove it exists.
• Update the school and doctor if the agreement is revoked. The statute requires notice to each party; telling schools and providers that have copies helps them stop relying on the authorization.

The Texas School and Medical Consent Guide includes a timeline tracker that marks execution, notice and renewal dates, plus the full revocation procedure.

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