We have a case that was reversed and remanded for retrial in a cps case. We were at the end of the year and a half deadline when we got termination. My question is what have your courts done as to the year deadline when your cases have been reversed?

We haven't had the issue squarely tossed in our face. Speaking from my characteristically "Fun With Dick and Jane" approach to the law, though, it seems to me that the express language of section 263.401 requires only that a "final order" (as defined by that section) be rendered before the deadline. Based on what you're indicating, that was done (otherwise, there could have been no appeal from which reversal could result). Thus, my argument would be that the statute does not apply in perpetuity. That is, reality teaches that almost every single CPS case that goes up on appeal will come back down after the deadline. If the "final order" contemplated by section 263.401 is an order carrying out the appellate court's mandate, there is no practicable means to comply with the statute's deadline requirements, since cases will all-but-uniformly pass the deadline before they return from the Court of Appeals. Such a result is absurd. In sum (subject to refutation by more learned case law or opinions), the statute simply requires you to obtain a final order from the trial court within the deadline period. If that is done, section 263.401 ceases to be a concern as it is currently written.

I don't recall ever having that issue come up, but I do agree with Scott's intrepretation.