In In re D.S.A., 113 S.W.3d 567 (Tex. App.--Amarillo 2003, no pet.) the appellate court suggested that Tex. Fam. Code section 161.001(1)(N) should not be read too literally. 113 S.W.3d at 573.
According to the court, returning the child to the parent pursuant to section 161.001(1)(N)(i) does not necessarily mean that the child has to be physically delivered to the incarcerated parent. Id.
Rather, the court seems to suggest the Department must establish an absence of an acceptable surrogate --a relative, friend, or spouse --willing to take custody of the child on behalf of the incarcerated parent. Id. at 573-74.