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Child Protective Services Handbook

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  • Section 5000: CPS Legal Functions

    5000 CPS Legal Functions

    5100 Alternatives to Removal

    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 Alleged Perpetrator From the Home

    5121 Seeking an Order to Remove an Alleged Perpetrator From the Home

    5121.1 Approval to Seek an Order to Remove an Alleged Perpetrator From the Home

    5121.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home

    5121.3 Standard for Court’s Decision on Whether to Issue a Temporary Restraining Order

    5121.4 Notice and Service Requirements for a Court Order to Remove an Alleged Perpetrator From the Home

    5122 The Effect of a Temporary Restraining Order for Removal of the Alleged Perpetrator

    5123 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

    5132 Proof Required in Support of 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 Orders for Protection of 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

    5230 Service of a Citation

    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

    5233.35 Continuing to Search

    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

    5233.8 Documenting the Search

    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

    5237 Form of Notice

    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

    5341.3 Requirement to Ask the Court to Modify Support Orders When a Child Is Reunified With the Parents

    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

    5342.13 Communicating With the OAG to Facilitate the OAG’s Enforcement of a Court Order to Pay Child Support to DFPS

    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

    5350 Establishing Paternity

    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

    5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order

    5412.11 Exigent Circumstances and Imminent Danger

    5412.2 Basic Process for Conducting an Emergency Removal before Obtaining a Court Order

    5412.3 Required Time Frame for Ex Parte Emergency Hearing and Steps to Take If Hearing Is Not Held within the Required Time Frame

    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

    5430 Adversary Hearing

    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

    5440 Aggravated Circumstances

    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

    5513.3 Notice of Efforts to Assess a Child and Place the Child With Relatives or Kin 10 Days Before the 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

    5552.1 Required Caseworker Actions Before Naming a Person Who Is Not the Parent as Managing Conservator

    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

    5553.22 The Requirements Specific to Agreeing to PMC Without Terminating Parental Rights During Mediation

    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

    5562.2 Requirements for Termination of Parental Rights Based on a Voluntary Affidavit of Relinquishment

    5563 Involuntary Termination of Parental Rights

    5564 The Legal Basis for Termination of Parental Rights

    5564.1 Grounds for Termination of Parental Rights

    5564.11 Endangerment

    5564.12 Abandonment

    5564.13 Failure to Support a Child

    5564.14 Criminal Activity and Imprisonment

    5564.15 Court-Ordered Service Plan

    5564.16 Drug Use

    5564.17 Alleged Father

    5564.18 Mental Illness

    5564.19 Relinquishment

    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

    5580 Permanency Hearings After Final Orders for Children Under DFPS Permanent Managing Conservatorship (PMC)

    5581 The Purpose of a Permanency Hearing for Children Under DFPS Permanent Managing Conservatorship (PMC)

    5582 Meeting the Time Frames for Holding a Permanency Hearing After Final Order (PMC)

    5583 Filing a Permanency Progress Report With the Court and Parties for Children Under Permanent DFPS Conservatorship

    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

    5620 Extended Foster Care

    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

    5630 Trial Independence

    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

    5640 Young Adults Who Continue to Receive Transitional Living Services After the Trial Independence Period

    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

    5700 Special Issues

    5710 Interstate Compact on the Placement of Children (ICPC)

    5711 Priority Handling for Interstate Placements With Certain Relatives or Guardians

    5711.1 Required Actions to Request a Court Order for an Expedited Placement Decision Pursuant to Regulation 7

    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)

    5741 Identifying ICWA Cases

    5742 Decision Regarding Native American Status

    5743 Legal Requirements If the ICWA Applies

    5751 DFPS Appointment as Guardian Ad Litem

    5751.1 Record of Guardian Ad Litem Appointment

    5760 Social Studies

    5761 Orders for DFPS to Conduct a Home Screening in a Case to Which DFPS Is Not a Party

    5770 Prior Out-of-State Orders Regarding Children

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