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Section 5000: CPS Legal Functions
5110 Court Orders in Aid of an Investigation
5111 Approval to Seek a Court Order in Aid of an Investigation
5112 Proof Required to Obtain a Court Order in Aid of Investigation
5113 Notice and Service Requirements for a Court Order
5120 Removing the Perpetrator or Alleged Perpetrator From the Home
5121 Types of Orders to Remove a Perpetrator or Alleged Perpetrator from the Home
5122 When DFPS Seeks an Order to Remove a Perpetrator or Alleged Perpetrator from the Home
5123 Seeking an Order to Remove an Alleged Perpetrator From the Home
5123.1 Approval to Seek an Order to Remove an Alleged Perpetrator From the Home
5123.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home
5123.3 Standard for Court’s Decision on Whether to Issue a Temporary Restraining Order
5123.5 Agreed Order to Remove an Alleged Perpetrator from the Home
5124 The Effect of a Temporary Restraining Order for Removal of the Alleged Perpetrator
5125 Duration of a Temporary Restraining Order for Removal of an Alleged Perpetrator
5130 Order to Obtain a Parent’s Mental Health Records or an Examination of a Parent
5131 Approval to Seek a Court Order to Obtain a Parent’s Records or Require an Examination
5133 Notice and Service Requirements for a Court Order to Obtain a Parent’s Records or Examination
5140 Protective Order for a Child or Family Member
5141 Seeking a Protective Order
5141.1 Who May Apply for a Protective Order
5141.2 Alternatives to Seeking a Protective Order
5141.3 Approval to Seek a Protective Order
5141.4 Notice About a Protective Order
5142 Required Findings and the Protective Order
5143 Duration of Protective Orders
5143.1 Duration of a Temporary Protective Order
5143.2 Duration of a Final Protective Order
5143.3 The Caseworker’s Role in Supporting the Victim
5150 Temporary Restraining Orders (TRO)
5151 Purpose and Use of Temporary Restraining Orders
5152 Approval to Seek a Temporary Restraining Order
5153 Service Requirements for a Temporary Restraining Order
5154 Duration of a Temporary Restraining Order
5160 Requesting a Court Order to Participate in Services
5161 Approval to Seek a Court Order to Participate in Services
5162 Process for Obtaining a Court Order to Participate in Services
5163 Legal Notice and Service Requirements for Hearing on a Court Order to Participate in Services
5163.1 Standard for Court’s Decision on Whether to Issue a Court Order to Participate in Services
5163.2 Status Review Hearings Required if a Court Order to Participate in Services is Issued
5164 Requesting Extension of a Court Order to Participate in Services
5170 Taking Possession of a Child With Intent to Return
5180 Taking Possession of a Missing Child
5190 Hague Abduction Convention and Foreign Custody Court Orders
5200 Notice, Service, and Working with Attorneys and Advocates
5210 General Caseworker Duties and Restrictions
5220 The Child’s Best Interest
5231 Purpose of Serving a Citation for a Lawsuit
5232 Caseworker Requirements Related to Missing Parents
5233 Exercising Due Diligence to Locate Missing Parents and Other Relatives
5233.1 Overview of Due Diligence: Making a Diligent Effort to Locate Missing Parents and Relatives
5233.2 Court Monitoring of Due Diligence
5233.21 Requirements When a Parent Is Not Located Before the Status Hearing
5233.3 Making a Diligent Search for a Missing Parent
5233.31 Asking the Custodial Parent for Absent Parent Information
5233.32 Requesting a Diligent Search
5233.33 Searching for Residents of a Foreign Country
5233.34 Attempting Contact by Mail
5233.36 Notifying Parties Involved That the Parent Is Located
5233.37 Repeating Diligent Search With New Information
5233.4 Additional Requirements When Locating an Alleged Father
5233.5 Making a Diligent Search for Relatives
5233.6 Serving a Citation When a Parent Lives in a Foreign Country
5233.61 Due Diligence Search for a Person Believed to Be in Mexico
5233.7 Additional Requirements When the Parent of a Native American Child Cannot Be Located
5234 Providing Notice of a Hearing
5235 General Notice Requirements for CPS Hearings
5236 Notice Requirements Specific to Parents and Children
5236.1 Notify Parents and Children About Planned Court Actions
5236.2 Notify Parents of Their Rights to an Attorney and to Attend Hearings
5240 Working With the Child’s Attorney Ad Litem, Guardian Ad Litem, and CASA
5241 Court Appoints Attorney Ad Litem and Guardian Ad Litem
5241.1 Roles of the Attorney Ad Litem and Guardian Ad Litem
5241.2 Cooperating With the Attorney Ad Litem and the Guardian Ad Litem
5241.3 Providing Access to the Child
5241.4 Communicating With the Child’s Attorney Ad Litem and Guardian Ad Litem
5241.5 Documenting the Communication Plan With the Attorney Ad Litem and Guardian Ad Litem
5241.6 Providing Records to the Attorney Ad Litem and Guardian Ad Litem
5241.61 Providing Drug or Alcohol Treatment Records
5242 Working With a Court Appointed Special Advocate (CASA)
5242.1 Working With a CASA Who Is Appointed as a Guardian Ad Litem
5242.2 Working With a CASA Who Is Not Appointed as a Guardian Ad Litem
5242.21 Court Orders for CASAs Seeking Access to a Child or a Child’s Records
5242.22 Statewide Memorandum of Understanding and Local Agreements
5250 Documenting Legal Status and Legal Action
5251 Entering a Change in Legal Status or Legal Action Into IMPACT
5300 Court Orders, Notice to the Court, Indian Child Welfare Act, Paternity, and Child Support
5310 The Requirement for Staff to Elevate Certain Court Orders
5311 Notice Requirements for Elevating Certain Court Orders
5312 Court Orders That Must Be Elevated to State Office
5313 Notice Requirements for Court-Ordered Placements in Unapproved Facilities
5313.1 Definition of Unapproved Facility
5314 Court Orders That Violate the Interstate Compact on the Placement of Children
5320 Special Court Approvals and Notifications
5321 Obtaining Approval From the Court for Out-of-State Placements and Reunification
5322 Required Notification to the Court
5322.1 Notifying the Court When a Child Is or May Be Harmed
5322.2 Notifying the Court About a Child Who Is Without a Placement
5322.3 Notifying the Court About a Change of Jurisdiction
5322.4 Notifying the Court About a Subsequent Removal
5322.5 Notifying the Court About a Designated Medical Consenter
5322.6 Notifying the Court About the Education Decision Maker
5330 Indian Child Welfare Act (ICWA)
5340 Seeking Child Support for Children in Substitute Care
5341 Requesting Child Support From the Parents of Children in DFPS Conservatorship
5341.1 Requirements for Requesting a Court to Order Parents to Provide Support
5341.2 DFPS’s Right to Review Child Support Payments
5342 Ongoing DFPS Responsibilities in a Child Support Case
5342.1 Contacting the Office of the Attorney General (OAG)
5342.11 Making the OAG Aware of Issues That Could Affect the Collection of Child Support
5342.12 Requesting Information on a Parent’s Payment of Child Support in Conservatorship Cases
5342.2 When Relatives or Caregivers Are Not Receiving Court-Ordered Child Support
5343 Dismissing a DFPS Case and Closing a Child Support Case
5343.1 Dismissal Orders Not Terminating Parental Rights
5343.11 Dismissal of Child Support Orders Following Termination of Parental Rights
5343.12 Waiving Child Support Owed to DFPS
5344 Closing the Child Support Case in the OAG System
5344.1 Initiating the Closing of a Child Support Case in the OAG System
5344.2 Determining Whether a DFPS Child Support Case Has Been Closed in the OAG System
5344.3 Factors That Affect the Closing of a DFPS Child Support Case in the OAG’s Automated System
5344.4 Helping a Caregiver Obtain Child Support After DFPS Conservatorship Is Dismissed
5351 Court Ordered Testing When Paternity Has Not Been Established
5351.1 Referring Cases to the Office of the Attorney General for Paternity Testing
5351.2 Paternity Testing by the OAG and Court Ruling
5352 Court Ordered Testing When Paternity Has Been Established But Is Questioned
5352.1 Acknowledgment of Paternity
5352.2 Court Order Establishing Paternity
5400 From Removal to the Adversary Hearing
5410 Types of Court Orders and the Process for Obtaining a Court Order for Removing a Child
5411 Obtaining a Court Order Before Conducting an Emergency Removal
5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order
5411.2 Standard for Obtaining a Court Order before Conducting an Emergency Removal
5411.3 Basic Process for Obtaining a Court Order before Conducting an Emergency Removal
5412 Conducting an Emergency Removal before Obtaining a Court Order (Exigent)
5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order (Exigent)
5412.11 Exigent Circumstances and Imminent Danger
5412.2 Basic Process for Conducting an Emergency Removal before Obtaining a Court Order (Exigent)
5412.3 Required Time Frame for Ex Parte Emergency Hearing (Exigent)
5413 Obtaining a Waiver of the Requirement to Provide Notice of Removal
5414 Rescinding the Decision for Emergency Removal
5420 Beginning a Child Protection Lawsuit
5421 Requirements for Completing a Removal Affidavit
5422 Essential Information for the Petition
5423 Limited Time Before Dismissal
5431 Requirements for the Adversary Hearing
5431.1 Evidence Required on Request Prior to Adversary Hearing
5431.11 Required Information Provided to the Court Before the Adversary Hearing
5431.2 Time Frame for the Adversary Hearing
5431.3 Standard of Proof in an Adversary Hearing
5431.4 Requesting Services and Participation at the Adversary Hearing
5431.5 Temporary Visitation Schedule
5431.6 Designation of an Education Decision Maker and Notification of a Surrogate Parent
5432 Requirements Following the Adversary Hearing
5500 From Status Hearing to the Final Hearing
5510 The 60-Day Status Hearing
5511 Findings the Court Makes at the Status Hearing
5512 Notice Requirements for the Status Hearing
5513 Required Filings in Preparation for the Status Hearing
5513.1 Original Service Plan Filed 45 Days After DFPS Is Named Temporary Managing Conservator
5513.2 Status Report (Form 2070) Filed 10 Days Before the Status Hearing
5513.4 Visitation Plan 10 Days Before the Hearing
5514 Required Action Following the Status Hearing
5520 The Family’s Service and Visitation Plans: Filing and Review Requirements
5521 Original Family Service Plan
5521.1 Filing a Service Plan With the Court
5521.2 Purpose of the Service Plan
5521.3 Failure to Comply With a Service Plan
5521.4 When the Original Service Plan Takes Effect
5521.5 A Service Plan for the Family of a Native American Child
5522 Amended Service Plans: Signing and Taking Effect
5523 Duration and Scope of the Service Planning Requirement
5524 Visitation Plan: Filing and Court Review
5530 Permanency Hearings for Children Under Temporary DFPS Conservatorship
5531 The Purpose of a Permanency Hearing Before the Final Order
5532 Meeting the Time Frames for Holding a Permanency Hearing
5532.1 Time Frames for the Initial Permanency Hearing
5532.2 Time Frames for Subsequent Permanency Hearings
5533 Filing Requirements for Permanency Hearings
5534 Notice Requirements for All Hearings Before Final Order
5535 Meeting the Content Requirements for the Permanency Plan and Progress Report for a Child in TMC
5536 Obtaining Approval of a Permanency Progress Report
5540 Final Orders and Supporting Actions
5541 Issues to Resolve Before DFPS’s Role in the Lawsuit Ends
5542 Dismissal Deadlines and the Final Order Requirement
5542.1 A Final Order in a DFPS Conservatorship Case in General
5542.2 Standard for Modifying a Final Order
5542.3 Required Preparation for Final Hearing
5543 Extending the Dismissal Deadline
5550 Outcomes in a Court’s Final Order
5551 Family Reunification and Dismissal of DFPS as Conservator
5551.1 Monitored Return of a Child to a Parent
5551.2 Presumption in Favor of a Parent as Managing Conservator
5552 Appointing a Conservator Who Is Not the Parent and Dismissing DFPS From the Case
5553 DFPS Named as the Child’s Permanent Managing Conservator (PMC)
5553.1 DFPS Named as the Child’s PMC With Termination of Parental Rights
5553.11 Standard for DFPS to Be Named as the Child’s PMC With Termination of Parental Rights
5553.12 Procedural Requirements Following an Award of PMC With Termination of Parental Rights
5553.2 When DFPS Is Named as the Child’s PMC Without Termination of Parental Rights
5553.21 The Limited Circumstances in Which DFPS Requests PMC Without Terminating Parental Rights
5553.23 The Casework Requirements When PMC Is Awarded Without Terminating Parental Rights
5553.3 Pursuing Preferred Permanency Options When DFPS Is Named as the Child’s PMC
5553.4 Requesting a Change in PMC After DFPS Is Appointed
5560 Involuntary and Voluntary Termination of Parental Rights
5561 Terminating Parental Rights
5561.1 Providing Services to the Parents
5561.2 Searching for Missing Parents
5561.3 Notice of Termination Required for Certain Relatives
5562 Voluntary Termination of Parental Rights
5562.1 Circumstances in Which Voluntary Termination of Parental Rights May Be Appropriate
5563 Involuntary Termination of Parental Rights
5564 The Legal Basis for Termination of Parental Rights
5564.1 Grounds for Termination of Parental Rights
5564.13 Failure to Support a Child
5564.14 Criminal Activity and Imprisonment
5564.15 Court-Ordered Service Plan
5564.2 Additional Grounds for Termination of Parental Rights
5565 The Child’s Best Interest in Regard to Terminating Parental Rights
5570 Mediation and Other Forms of Dispute Resolution
5571 Requirements for Mediations and Other Dispute Resolutions
5571.1 Court-Ordered Mediation
5571.11 Overview of Court-Ordered Mediation
5571.12 Who Must Attend Court-Ordered Mediation
5571.13 When a Named Person Cannot Attend Court-Ordered Mediation
5571.2 Informal Dispute Resolution
5571.3 Requirements Before Entering Into an Agreement in an Informal Mediation
5572 Agreeing to Accept DFPS Conservatorship Without Termination of Parental Rights
5573 Actions Prohibited When Negotiating for Conservatorship
5573.1 The Termination of Parental Rights Agreement Must Comply With Law, Rule, and Policy
5573.2 Visitation May Not Be Used to Encourage Agreement to Termination of Parental Rights
5573.3 Parent Must Not Be Pressured to Relinquish Parental Rights
5573.4 An Agreement to Relinquish Parental Rights Must Reflect a Child’s Permanency Goals
5573.5 Joint Managing Conservatorship and Mediation
5574 Considering Sibling Groups
5582 Meeting the Time Frames for Holding a Permanency Hearing After Final Order (PMC)
5584 Notice Requirements for Permanency Hearings for Children Under Permanent DFPS Conservatorship
5585 Meeting the Content Requirements for a Permanency Progress Report for a Child in PMC
5586 Obtaining Approval of a Permanency Progress Report
5590 Reinstatement of Parental Rights
5591 Factors to Consider in Seeking Reinstatement
5592 Approval to Seek Reinstatement of Parental Rights
5593 Process for Requesting Reinstatement of Parental Rights
5594 Notice and Service Requirements for Petition for Reinstatement and Hearing
5595 Hearing on Petition for Reinstatement
5596 Standard for Court’s Decision on Whether to Order Reinstatement
5600 Extended Court Jurisdiction When a Youth Turns 18
5610 When a Youth Turns 18 in DFPS Conservatorship
5611 Actions Required by the Caseworker for All Youth Aging Out of DFPS Conservatorship
5611.1 Requesting That the Court Approve a Trial Independence (TI) Period
5611.2 Notifying the Court About a Young Adult’s Status After Turning 18
5611.3 Documenting Court Orders
5621 Court Review Hearings for Extended Foster Care
5622 Actions Required by the Caseworker for Young Adults in Extended Foster Care
5622.1 Request a Review Hearing for Extended Foster Care
5622.2 Provide Notice of the Review Hearing for Extended Foster Care
5622.3 Submit Documents in Preparation for a Review Hearing for Extended Foster Care
5622.4 Request Approval of a 12-Month Trial Independence Period
5622.5 Record the Review Hearing for Extended Foster Care in IMPACT
5622.6 Send a Notice at the Start of the Young Adult’s Trial Independence Period
5622.7 Record the Start or End of a Trial Independence Period in IMPACT
5622.8 When a Young Adult Turns 21
5631 Required Actions During and After Trial Independence
5631.1 If a Hearing Is Held During Trial Independence
5631.2 If a Young Adult Returns to Extended Foster Care Before Trial Independence Ends
5631.3 If a Young Adult Returns to Extended Foster Care After Trial Independence Ends
5641 Reviews for Transitional Living Services After Trial Independence
5642 Caseworker Actions When the Young Adult Requests Jurisdiction for Transitional Living Services
5642.1 Obtain Extended Jurisdiction for a Case Involving Transitional Living Services
5642.2 File a Motion to Extend the Court’s Jurisdiction to Review Transitional Living Services
5642.3 Participate in Hearings Held for a Young Adult’s Case
5642.4 Complete a Report in Preparation for a Service Review Hearing
5642.5 Young Adult Withdraws Consent to Allow a Court to Extend Its Jurisdiction
5642.6 When a Court’s Jurisdiction Ends
5650 Referral to HHSC Guardianship
5651 Required Caseworker Actions
5710 Interstate Compact on the Placement of Children (ICPC)
5711 Priority Handling for Interstate Placements With Certain Relatives or Guardians
5720 Court-Related Requirements for Travel by a Child in DFPS Conservatorship
5730 Foreign-Born Children in Foster Care
5740 The Indian Child Welfare Act (ICWA)
5742 Decision Regarding Native American Status
5743 Legal Requirements If the ICWA Applies
5751 Orders for DFPS to Conduct a Home Screening in a Case to Which DFPS Is Not a Party