Handbook Revision, October 1, 2020

This revision of the Child Protective Services Handbook was published on October 1, 2020.

On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.

See:

Child Protective Services Revisions

Child Protective Investigations Revisions

Child Protective Services Revisions

Kinship (PATS 11652)

CPS is revising its kinship policy to align it with the Minimum Standards for Child-Placing Agencies, including:

  • The requirement that for each potential kinship caregiver being considered, the caseworker must check local CPS records in other states where the person lived in the past five years (instead of since the person turned 18).
  • Recent changes made to the Information Management Protecting Adults and Children in Texas (IMPACT) casework tracking system.

See:

1616.5 Reimbursing Nonrecurring Expenses Covered by Permanency Care Assistance

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4513.3 Placing a Child with a Relative Out of State

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6612 Conducting Background Checks

6612.1 Conducting and Evaluating CPS DFPS History Checks

6612.11 If No CPS DFPS History Is Found

6612.12 If CPS DFPS History Is Found

6612.13 If the Finding Is Overturned

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6612.15 Exceptions

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6613 Conducting a Criminal History Check

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6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home

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6625 Requirements for a Kinship Safety Evaluation (KSE)

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6631.2 If a Court-Ordered Placement Occurs After a Negative Assessment

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6634 Critical Providing Required Forms and Discussion Required at the Time of Placement

6634.1 Kinship TANF Letter

6634.2 Caseworker Discussion with Kinship Caregiver at the Time of Placement

6634.3 6634.1 Kinship Caregiver Manual

6634.4 6634.2 Kinship Caregiver Agreement

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6642 Services and Initial Contact with the Kinship Caregiver

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6645 Conducting the Kinship Caregiver Visit

6646 Actions after each Kinship Caregiver Visit

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6652.31 Eligibility Criteria

6652.32 Documenting in IMPACT

6652.4 Post-Permanent Managing Conservatorship Annual Reimbursement Payment

6652.41 Eligibility Criteria

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6661.1 When There Is a The Kinship Development Worker’s Caseworker’s Role during Verification

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6670 Closing a Kinship Stage

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6681 Overview of Permanency Care Assistance

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Appendix 8160: CPS Service Codes and Descriptions as Identified in IMPACT

Rights of Children and Youth in Foster Care (PATS 12445)

This policy revision clarifies and strengthens the roles and responsibilities of staff as they pertain to federal and state law requiring that the Bill of Rights accompany the child’s case plan (CPOS) and documentation.

See:

6420 Rights of Children and Youth in Foster Care

Supervised Independent Living (PATS 12712)

The 86th Legislature provided funding for enhanced case management. Rule development delayed policy changes.

See:

10400 Extended Foster Care for Youth Who Are Age 18 or Older

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10440 Casework Activity for Young Adults in Extended Foster Care

10441 Casework Activity

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10460 Supervised Independent Living (SIL)

10461 Overview and Purpose of SIL

10462 Eligibility for Supervised Independent Living (SIL) Placements

10463 Enhanced Case Management Services

10464 10463 Referral, Assessment, and Approval Process for the Supervised Independent Living (SIL) Program

10464.1 10463.1 Initial Placement Process

10464.2 10463.2 Subsequent Placement Process With the Same DFPS SIL Provider

10465 10464 Ongoing Caseworker Duties During SIL Placement

10466 10465 Discharge From the SIL Program

FBSS Concurrent Stages (PATS 12742)

This policy update does the following:

  • Describes the new Child Protective Investigations and Family-Based Safety Services (FBSS) transfer process.
  • Provides new practice direction for Family-Based Safety Services.

See:

12220 Receiving a Case in FBSS from Alternative Response or Investigation

12221 FBSS Actions When the CPI INV or AR and Family Preservation (FPR) Stages Are Open Concurrently

12230 12220 Ten-Day Tasks and Case Decisions Initial Contact

12240 12230 Contacts When the Child Is Not in a PCSP

12250 12240 Contacts When the Child Is in a PCSP

12260 12250 Notifying a Supervisor When Unable to Meet the Time Frames for Face-to-Face Contact

12270 12260 Locating, Contacting, and Assessing Absent or Noncustodial Parents

12271 12261 Locating Absent or Noncustodial Parents

12272 12262 Contacting and Assessing Absent or Noncustodial Parents

12280 12270 FBSS Actions When a Child or Principal Cannot Be Located

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12500 Providing Services in FBSS

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12520 Participation in the Family Plan of Service

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12700 Case Closure in Family-Based Safety Services (FBSS)

12700 12710 Closing an FBSS Case

12710 12711 Case Closure Conference (Staffing)

12720 12712 Final Risk Reassessment Before Closure

12730 12713 Final Safety Assessment Before Closure

12740 12714 Closing Summary

12750 12715 Final Face-to-Face Contact

12760 12716 Case Closure Approval

12770 12720 Whom to Notify of the Case Closure Decision

12780 12730 Submitting an FBSS Case for Closure

12781 12731 Case Closure Letter

12782 Using Closure Code Services Inappropriate When Closing at Transfer Staffing (Meeting) or Before Initial Family Plan

12800 Program Director Involvement in FBSS

Substance Use (PATS 12837)

This policy revision does the following:

  • Removes information that was deemed not to be policy.
  • Reorganizes the remaining sections about substance use.
  • Updates policy to reflect DFPS’s expectations related to drug testing frequency, level of approval required for certain testing, and limitations related to drug testing children.
  • Updates the substance use policy for Family-Based Safety Services (FBSS) to align with the main substance use policy in section 1900.

See:

1900 Substance Abuse Use Services

1910 Drug Testing Considerations

1911 Guiding Principle for Drug Testing

1912 Definitions Related to Substance Use

1912.1 Drug Screen

1912.2 Drug Test and Time Frame

1912.3 Screening Tools (Forms)

1913 Factors to Consider to Identify Possible Substance Use

1914 Requirements for Requesting a Drug Test

1914.1 Infectious Client

1920 Eligibility for Drug Testing

1921 Client Eligible for Drug Testing by DFPS or a Contracted Lab

1922 Client Ineligible for Drug Testing by DFPS or a Contracted Lab

1923 Frequency of Drug Testing

1930 Drug Testing Results and Exceptions

1931 Time Frames for Checking Drug Test Results

1932 Drug Test Results

1932.1 Negative Result

1932.2 Rejected Result

1932.3 Diluted Result

1932.4 Presumptive Positive Result

1932.5 Positive Result

1932.6 Positive Result with a Valid Prescription

1933 Client Admission

1934 Refusal to Test

1940 Prescription Medication

1950 Authorization for Drug Testing and Services for Substance Use Disorders

1960 Substance Use that Affects Children and Youth

1961 Assessment of Substance Use

1961.1 Safety during Home Visits When Substances Are Present

1962 Safety and Risk When Substances Are Present

1963 Children and Youth Who Are Exposed to or Using Substances

1963.1 Infants Exposed to or Affected by Substances

1963.2 Children and Youth Who Are Not in DFPS Conservatorship and Are Not Emancipated

1963.3 Children and Youth in DFPS Conservatorship

1963.4 Youth in Extended Care or Return to Care

1970 Treatment and Other Resources for Substance Use

1971 Referral to Treatment

1971.1 Referral to Outreach, Screening, Assessment, and Referral (OSAR) Center

1971.2 Direct Referral to Treatment Provider

1971.3 Forms for Referral to Substance Use Services

1971.4 Purchase of Treatment Services for Substance Use Disorders for Eligible Clients

1971.41 Changes to an Existing Contract

1972 Resources When Treatment Is Not Recommended

1973 Resources When Treatment Is Unavailable or Difficult to Access

1980 Casework and Substance Use

1981 Substance Use Affecting a Parent-Child Visit or FGDM Conference

1982 Recovery, Relapse, and Long-Term Planning

1982.1 Indicators of Progress in Recovery

1982.2 Relapse Safety Plan

1910 Substance Abuse Prevention and Treatment

1911 Determining Eligibility for Substance Abuse Prevention and Treatment Services

1912 Referring Clients to DSHS-Funded Substance Abuse Treatment

1912.1 Inpatient Treatment of Substance Abuse

1912.11 Referring Clients to Providers of Outreach, Screening, Assessment, and Referral (OSAR) Services

1912.12 Direct Referrals to Inpatient Substance Abuse Treatment

1912.13 Required Forms for Inpatient Treatment of Substance Abuse

1912.2 Outpatient Treatment and Detoxification Services for Substance Abuse

1913 Purchasing Substance Abuse Treatment Services for Eligible Clients

1914 Identifying Available Services

1915 Authorizing Substance Abuse Treatment Services in IMPACT

1916 Coordinating With a DSHS Provider to Deliver Substance Abuse Services

1917 Terminating DSHS Services for Substance Abuse

1920 Substance Abuse Testing

1921 Definitions Related to Substance Abuse

1921.1 Chain of Custody

1921.2 Drug Confirmation

1921.3 Drug Screen

1921.4 Instant Test (Oral Swab)

1922 Eligibility for Substance Abuse Testing

1922.1 Determining Eligibility for Substance Abuse Testing Conducted by a Contracted Laboratory

1922.2 Identifying the Substances That Are Eligible for Testing

1922.3 Identifying Laboratory Services for Substance Abuse Testing

1922.4 Referring Clients for Substance Abuse Testing

1922.5 Authorizing Substance Abuse Testing in IMPACT

1922.6 Adding, Extending, Reauthorizing, or Terminating Substance Abuse Services

1923 Testing for Substance Abuse

1923.1 Detection Periods for Substance Abuse

1923.2 Diluted Samples Obtained During Testing

1923.3 Instant (Swab) Tests and Court Hearings

1923.4 Using Acceptable Contractors to Obtain Test Results

1923.5 Frequency of Random Substance Abuse Testing

1923.6 Situations Not Appropriate for Drug Testing

1923.7 Discontinuing Drug Testing

1923.8 Assessing Test Results or Accepting an Admission

1923.9 Documenting Prescribed Medicine Before Offering Drug Testing

1924 Special Situations Related to Substance Abuse

1924.1 Methadone and Prescription Medication

1924.2 The Infectious Client

1924.3 Drug Use During a Parent-Child Visit or FGDM Conference

1924.4 The Court Testimony of the Medical Review Officer

1930 Casework Practice for Substance Abuse Cases

1931 Overview of Casework Practice for Substance Abuse Cases

1931.1 The Definition of a Drug

1931.2 Obtaining Diagnostic Classifications From Professionals

1931.3 Guiding Principles of Drug Testing

1931.4 Marijuana Policy

1931.5 Determining Safety and Risk When Marijuana, Other Substances, or Alcohol Are Present

1932 Screening and Assessing for Substance Abuse

1932.1 Screening for Substance Abuse

1932.2 Fetal Alcohol Spectrum Disorder

1932.3 Drug Use Outside of the Home

1940 Establishing Protective Measures When a Child Is Threatened by Substance Abuse

1950 Newborns, Children, and Youth Who Are Exposed to Drugs or Alcohol

1951 Children and Adolescents Who Smoke Marijuana, Use Other Drugs, or Drink Alcohol

1951.1 Youth Who Are Not in DFPS Conservatorship and Are Not Unemancipated

1951.2 Children and Adolescents in DFPS Conservatorship

1951.3 Youth in Extended Care or Return to Care

1952 Newborns Exposed to Drugs or Alcohol

1952.1 Safety Plan for a Substance-Exposed Newborn

1960 Treatment for Drug and Alcohol Abuse

1961 Treatment Options for Drug and Alcohol Abuse

1962 Education When Treatment Is Not Recommended by an OSAR Screener or Provider

1963 When Treatment Is Unavailable, Resources Are Scarce, Waiting Lists Are Long, or the Distance Is Too Far to Travel

1964 The Prevention and Early Intervention Program (PEI)

1965 Indicators of Progress Made Toward Recovery

1966 Developing a Safety Plan in Case a Client Relapses

1970 Drug-Endangered Children

1971 Drug Raids to Protect Drug-Endangered Children

1972 Safety Tips for Visiting Homes or Areas Where Substance Abuse Is Practiced

1973 Recognizing When a Caseworker Is Physically Exposed to Drugs

1980 Assessing Substance Abuse

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12560 Families with Substance Use Drug Testing in FBSS

 

Child Protective Investigations Revisions

Closing Cases without Assignment (Priority None) and Administrative Closure (PATS 12762)

Updates to these policies include clarification and additional requirements for closing cases without assignment (PN) and administrative closures for both investigations and alternative response cases.

New intake reports received that include principals also involved in ongoing cases in service stages have new requirements.

New information is included around eligibility of certain child fatality reports to be closed without assignment.

Approval requirements for administrative (ADMIN) closures have been streamlined.

See:

2143 Assigning Priority to Reports of Abuse or Neglect

2143.1 Assigning a Report as Priority 1 (P1)

2143.11 Examples of Priority 1 (P1) Reports

2143.12 When a Priority 1 (P1) Report Is Received After-Hours

2143.2 Assigning a Report as Priority II (P2)

2143.3 Assigning a Report as Priority None (PN)

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2151 The CPS CPI Supervisor’s Role in Screening Reviewing Reports of Abuse or Neglect

2152 Contacting Collateral Sources About Reports of Abuse or Neglect

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2155 Changing the Priority of a Report About Abuse or Neglect

2156 Closing Reports of Abuse or Neglect Without Assignment for Investigation

2156.1 Reports of Abuse or Neglect That Require Supervisory Approval for Closure Closing Child Fatality Reports without Assignment

2156.2 Closing Reports without Assignment That Involve Children in Care

2156.3 Required Tasks Before Closing without Assignment

2156.4 Reports of Abuse or Neglect That Require Program Director Approval for Closure

2156.5 Reports of Abuse or Neglect That Require Program Administrator Approval for Closure

2157 Receiving a New Report During an Open Investigation of Abuse or Neglect

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2291 Submitting an Investigation for Closure

2291.1 Abbreviated Ruled Out

2291.2 Administrative Closure

2291.3 Unable to Complete, Family Moved/Cannot Locate

2291.4 All Other Recommended Actions

2291.5 Need for Ongoing Services

2291.6 Extension Request

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2310 Administrative Closure

2311 Reporter Is Anonymous

2312 Allegations Are Refuted

2313 CPI Lacks Authority to Investigate

2314 Allegations Were Already Investigated

2315 Investigation Is Open for More Than 60 Days

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2331 When a Child Dies

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2655 Submitting an Alternative Response Case for Administrative Closure

2655.1 AR Administrative Closure: Reporter is Anonymous

2655.2 AR Administrative Closure: Refuting the Allegations

2655.3 AR Administrative Closure: Lacks Authority to Assess

2655.4 AR Administrative Closure: Allegations Already Investigated

Concurrent and Referral Process (PATS 12792)

This policy revision does the following:

  • Updates section 2400 to reflect the criteria for referring a case to Family-Based Safety Services (FBSS).
  • Adds section 2410 to reflect the referral process for creating a concurrent stage.

See:

2400 Transferring Referring a Case from Investigation/Alternative Response to Family-Based Safety Services (FBSS)

2410 Process for Concurrent Investigation/Alternative Response and Family-Based Safety Services Stages