Handbook Revision, October 30, 2020
This revision of the Child Protective Services Handbook was published on October 30, 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
Resources and Stages of Service (PATS 12592)
Update to streamline policy relating to agency focus on resources and stages of service.
See:
1122 Focus on Resources and Outcomes
1123 Stages of Service
1124 Definition of Stages of Service
1130 Program Organization
1131 State Office
1132 Regional Offices
1140 Relationship to Other Agencies and Entities
1141 Federal and State Agencies
1142 County Governments
Conservatorship Case Closure Guidelines (PATS 12942)
Policy has been updated in section 6000 to reflect guidance in the CPS Generally Applicable Internal Caseload Standards for conservatorship (CVS). Policy now specifies that conservatorship cases are closed by the end of the month following the month of termination of DFPS’s legal responsibility for the child.
See:
6133.74 Documenting Transfer and Closing Summaries
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6182 Services at Discharge from Substitute Care
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6573 Approval for Case Closure
Case Records and Workload Management (PATS 12597)
This update streamlines the policy related to the following:
- Case records and workload management.
- Confidentiality of information and requests for case records.
- Security of case records.
- Supervisory approval in IMPACT.
- Opening a case in IMPACT and the case record.
See:
1410 Case Definition of Case and Stage
1411 Types of Cases and Stages of Service
1420 Opening a Case
1421 The Case Record
1422 Organization of Paper Case Records Parts of the Case Records
1422.1 IMPACT Record
1422.2 External Record
1430 Documentation in the Case Recording
1431 Narrative Guidelines References for Detailed Requirements for Case Documentation
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1433 Supervisory Approval Process in IMPACT
1440 Security of Case Records
1450 Confidentiality of Information
1451 Sharing Confidential Information
1452 Statutory Overview
1453 1452 Requests for Case Records
1454 1453 Releasing Information for the Safety or Protection of a Child or Family, or for Legal Processes
1454.1 1453.1 Sharing Information During the Course of an Investigation
1454.2 1453.2 Releasing Information to Locate Missing Parents or Children
1454.3 1453.3 General Prohibition Against the Release of Criminal History Records Information
1454.31 1453.31 Exception Allowing Release of Information for Court and Administrative Hearings
1454.32 1453.32 Exception Allowing Release of Information for Child Safety or to Carry Out Certain DFPS
1454.33 1453.33 Releasing Information for the Child's Safety
1454.34 1453.34 Criminal History Information Policy
1454.35 1453.35 Texas Law Enforcement Telecommunications System (TLETS)
1454.4 1453.4 Releasing Information to Law Enforcement Agencies, Out-of-State Child Protective Services Agencies, and County, District, or Prosecuting Attorneys
1454.41 1453.41 Sharing Information during an Open Investigation
1454.42 1453.42 Sharing Information after the Investigation is Closed
1454.43 1453.43 Sharing Information with Law Enforcement about Criminal Activity at Any Case Stage
1454.5 1453.5 Releasing Information to the Family Court, or to Comply With a Court Order
1454.6 1453.6 Releasing Information to Attorneys and Guardians Ad Litem
1454.7 1453.7 Sharing Information With Court-Appointed Special Advocates Staff and Volunteers
1454.8 1453.8 Protecting Locating Information of Family Violence Victims
1455 1454 Releasing Information to Obtain Services for the Child
1455.11454.1 Releasing Information to the Caregiver of a Child in Conservatorship
1455.2 1454.2 Releasing Information During Family Meetings
1455.3 1454.3 Releasing Information to Access Health Care or Social Services
1455.31 1454.31 Releasing Information on a Child Not in DFPS Conservatorship
1455.32 1454.32 Releasing Information on a Child in Conservatorship
1455.4 1454.4 Releasing Information to Access Education Services
1455.41 1454.41 Releasing Information on a Child Not in DFPS Conservatorship
1455.42 1454.42 Releasing Information on a Child in Conservatorship
1455.5 1454.5 Releasing Information to Prospective Adoptive or Adoptive Parents
1455.6 1454.6 Sharing Information with Juvenile Service Providers
1455.7 1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies
1456 1455 Releasing or Using Children's Photographs or Images
1456.11455.1 DFPS and the Child's Consent Required
1456.111455.11 Exception When Only the Child's Consent Is Required
1456.12 1455.12 Exception When the Child's Consent Is Not Required
1457 1456 Special Types of Information or Situations
1457.1 1456.1 Release of Information on a Child Fatality Investigation
1457.2 1456.2 Abortion Information
1457.21 1456.21 Releasing Abortion Information on a Child Not in DFPS Conservatorship
1457.22 1456.22 Releasing Abortion Information on a Child in Conservatorship
1457.3 1456.3 HIV Information
1457.4 1456.4 Drug or Alcohol Treatment Records Pertaining to a Child
1457.5 1456.5 Privileged Communications
1457.6 1456.6 Disability Rights Texas
1457.7 1456.7 Releasing Information to Military Personnel
1457.8 1456.8 Media Inquiries or Requests from Legislative Offices
1458 1457 Subpoenas
1459 1458 Public Information (Open Records)
Placing Children in DFPS Conservatorship (PATS 11442)
This policy revision contains most of 4000 Placing Children in DFPS Conservatorship. Changes include the following:
- Updated to reflect new process for GROs that offer treatment services regarding psychiatric hospitalizations.
- Updated language about when a child is arrested and in jail or juvenile detention.
- Psychiatric hospitalization protocol updated to policy and resource guides.
- Requirement to use placement forms when placing child into a kin home that will become a verified home.
- Updated language in section 4270 (now 4280) Temporary Absence from Paid Placement.
- IPTP two-day discharge language added to clarify transition from IPTP to own standard program.
- Change to “child or youth” language.
- Clarification to section about home inspections.
- Language explains verbal approvals for placement and IMPACT documentation time frames.
- Clarification about discharge reasons and subtypes as well as when to select them.
- Supervision section updated.
- Addition of Treatment Foster Family Care policy language.
- Updated to weekly face-to-face visits.
See:
4000 Placing Children in DFPS Conservatorship
4100 The Placement Process
4110 Actions Required Before a Making a Placement
4111 Identify the Need for Initial or Subsequent Placement
4111.1 Seek Regional Placement Team Assistance If Needed
4112 Notify the Current Caregiver of the Planned Placement Change
4113 Gather Information and Recommendations to Select a Placement
4113.1 Review the Permanency Goal
4113.2 Check IMPACT Records for Siblings
4113.3 Consult the Parents
4113.4 Consult the Child or Youth
4113.5 Consult the Child’s Attorney Ad Litem, Guardian Ad Litem, and CASA Representative
4113.6 Review Additional Information about the Child’s Needs of the Child or Youth
4113.7 Review Information from the Child’s Current Caregiver
4113.71 Caregiver-Initiated Placement Move
4113.72 DFPS-Initiated Placement Move
4114 Required Factors to Consider When Evaluating a Child’s Possible Placement
4114.1 Preference for Relatives and Other Connections
4114.11 Placement with Noncustodial Parents
4114.12 Placement with Relatives and Fictive Kin
4114.13 Placement with Former Foster Parents
4114.14 Placement with Adoptive Parents of Siblings
4114.15 Continuing Obligation to Make Kinship Placements
4114.2 Separating Siblings
4114.21 Separating Siblings in Paid Foster Care
4114.22 Separating Siblings for Safety Purposes
4114.23 Siblings of Youth in Extended Foster Care
4114.3 Ensuring Educational Stability
4114.31 Placement Considerations
4114.32 When Placement in a New School is Necessary
4114.4 Preference for the Least Restrictive Setting
4114.5 Placing the Child Close to the Child’s Home
4114.6 Substitute Caregiver’s Circumstances
4115 Prohibited Considerations Based on Race, Color, or National Origin
4116 Additional Requirements Based on Specific Placement Type
4117 Specific Placement Considerations for Children or Youth Who Have Primary Medical Needs
4117.1 Placement Considerations for Primary Medical Needs Children
4117.2 4117.1 Required Meetings
4118 Additional Actions for Placing Children with Intellectual or Developmental Disabilities
4118.1 Assessing the Need for Facility Placement
4118.2 Home and Community-Based Services (HCS)
4118.3 Obtaining CPS Associate Commissioner Approval to Place a Child or Youth in a Facility
4118.4 Emergency Placement Approval Process
4118.5 Requirement to Continue Seeking Less Restrictive Setting
4118.6 Additional Requirements for Specific Facilities
4119 Get Approvals within the Required Time Frame
4120 Actions Required After Selecting a Placement
4121 Prepare the Child or Youth and Caregivers for the Move
4121.1 Prepare the Child or Youth for the Move
4121.2 Prepare the Current and New Caregivers for the Move
4121.3 Complete the Placement Summary Form
4121.4 Update the Child’s Child or Youth’s Medical and Educational Information in IMPACT
4122 Schedule and Conduct a Pre-Placement Visit
4122.1 Establish a Meaningful Interval between the Pre-Placement Visit and the Placement
4122.1 Pre-Placement Visit for Emergency Placement
4122.2 Before the Pre-Placement Visit
4122.3 During the Pre-Placement Visit
4122.4 After the Pre-Placement Visit
4122.5 Resolving Issues
4123 Complete Authorization Forms Provided at Time of Placement
4123.1 Complete the Placement Authorization Form
4123.2 Complete the Medical Consenter Form
4123.3 Complete the Education Decision-Maker Form
4124 Provide Advance Notice to AAL, GAL, and CASA
4125 Actions Required to Support Placement of Children with Primary Medical Needs
4130 Actions Required During When a Child Moves a Placement Change
4131 Gather the Child’s Child or Youth’s Personal Belongings and Important Documents
4131.1 Durable Medical Equipment
4132 Transport the Child or Youth to the Placement
4133 Provide and Discuss the Placement Summary (Form 2279)
4134 Complete the Placement Authorization and Consent Forms
4135 Provide the Child’s Plan of Service Plan and Discuss Services
4136 Provide Additional Documentation
4137 Provide Critical Documents to the Kinship Caregiver
4140 Actions Required After a Placement Change
4141 Make a Referral to the Kinship Development Worker
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4143 Provide Required Notifications
4143.1 Notify the Child’s Parents
4143.2 Notify the AAL, GAL, and CASA of an Emergency Placement
4143.3 Notify Secondary and Ancillary Workers of a Subsequent Placement
4144 Request Day Care for the Placement
4145 Request an Initial Service Level or Service Level Change if Needed
4146 Discuss Medical and Dental Appointments with the Caregiver
4147 Follow Up on Education-Related Issues
4150 Special Circumstances Affecting Placements
4151 Court-Ordered Placements in Unapproved Facilities
4152 Involving State Office in a Placement Search
4152.1 Plans for Children a Child or Youth When Placement Is Unavailable
4152.2 Meeting a Child’s the Needs of a Child or Youth Until a Placement Is Secured
4153 Placements Outside the Region or State
4153.1 Out-of-State Placements
4153.2 Out-of-Region Placements
4153.3 Requesting Placements Across Regional Lines into Community-Based Care (CBC) Catchment Areas
4160 4154 Placements and Child Safety
4161 4155 Safety and Related Concerns for Placements
4200 Foster and Licensed Facility Placements
4210 The Regional Placement Team
4211 Seeking Placement Through the Regional Placement Team
4211.1 Caseworker Notifies Regional Placement Team
4211.2 Regional Placement Team Searches for Placement Options
4211.3 Regional Placement Team Confers With Providers and Communicates Options to Caseworker
4211.4 Caseworker and Supervisor Make Placement Selection
4211.5 CPU or RTPC Provide Confirmation of Selected Placement
4220 Placements into DFPS-Regulated Facilities Regulated by the Health and Human Services Commission (HHSC)
4221 Abuse and Neglect Investigations of Placements Regulated by the Health and Human Services Commission (HHSC)
4221.1 RCCI Notifying CPS of Alleged Abuse or Neglect
4221.3 4221.2 CPS Responsibility and Procedure after Receiving a Notification of Abuse or Neglect
4221.4 4221.3 CPS Protocol During an RCCI RCCL Investigation Involving a Child in Conservatorship
4221.2 4221.4 Using Intermittent Alternate Care and Respite During an Abuse and Neglect Investigation by the Child-Placing Agency
4221.5 How CPS Conducts Safety Checks or Other Safety Measures
4221.6 CPS Actions When Abuse or Neglect Is Alleged to Have Occurred in a Foster Home
4222 Foster Homes
4222.1 Disallowing Placements into a Foster Home
4222.2 Re-Allowing Placements into a Foster Home
4223 General Residential Operations
4223.1 Restrictions on the Length of Stay in GROs Providing Emergency Care Services
4230 Facilities Under the Authority of Other State Agencies
4231 Facilities Under the Authority of Other State Agencies in General
4231.1 4231 DFPS’s Continuing Responsibilities When a Child in Conservatorship is Placed in a Facility Regulated by Another State Agency
4231.2 Additional Responsibilities Before Placement
4231.3 4232 Reporting Problems to Other State Agencies
4232 4233 TJJD and JPD Facilities
4240 The Intensive Psychiatric Transition Program: Short-Term Therapeutic Placement
4241 IPTP 60- to 120-Day Limit
4242 Eligibility for IPTP Placement
4243 Referring a Child for IPTP Placement
4243.1 Referral Process and Required Documentation
4243.2 Referral Process
4244 Planning for Discharge from IPTP Placement
4244.1 Submitting the Child’s Service Level Request
4244.2 Discharge from IPTP Placement
4245 Requesting Extension of an IPTP Placement
4245.1 Extension Granted
4245.2 Extension Not Granted
4250 Intense Foster Family Care Services
4251 Requesting Intense Foster Family Care Placement
4260 Treatment Family Foster Care (TFFC) Program
4261 Treatment Family Foster Care (TFFC) Time frames
4262 Eligibility for TFFC Placement
4263 Referring a Child for TFFC Placement
4263.1 Required Documentation
4263.2 Referral Process
4264 Discharge from TFFC
4265 Requesting an Extension of a TFFC Placement
4270 4260 Placements and Living Arrangements for Youth and Young Adults
4280 4270 Temporary Absence from Paid Placement
4271 Length of Absence
4281 4272 Criteria for Paying for Foster Care During a Child’s Absence
4282 4273 Payment Time Frames
4282.1 4273.1 Emergency Care
4282.2 4273.2 Foster Care
4283 4274 The Plan or Intent for the Child or Youth to Return
4284 4275 When the Caregiver or Provider Does Not Agree for the Child or Youth to Return
4276 When a Child or Youth Is Absent 14 Days
4276.1 Exception to 14-Day Rule: an Emergency Shelter or Assessment Center
4276.2 Request to Hold a Placement Over 30 Days
4300 Independent Unauthorized Living Arrangements
4310 Unauthorized Arrangements By Youth in DFPS Conservatorship
4400 Texas Service Levels System
4410 Service Level Determinations and Reauthorizations
4411 Authorizing Service Levels
4411.1 Basic Service Level
4411.2 Moderate, Specialized, Intense, or Intense Plus Service Levels
4411.3 Intensive Psychiatric Transition Program (IPTP) Service Level
4411.4 Treatment Family Foster Care (TFFC) Service Level
4420 Caseworker Responsibility for Timely Determinations
4421 Common Application for Placement
4422 Obtaining an Initial Authorized Service Level (ASL)
4422.1 Submitting Information to the Third-Party Contractor (Youth for Tomorrow)
4423 Obtaining a Scheduled or Nonscheduled Review of a Service Level
4423.1 Requesting a Review of a Service Level (Scheduled or Nonscheduled) by Preparing a Complete Clinical Record
4423.2 If a Complete Clinical Record Is Not Available When Requesting a Review of a Service Level
4423.3 Submitting the Clinical Record (or Narrative and Application) to Request a Review of a Service Level (Scheduled or Nonscheduled)
4423.4 After Submitting the Clinical Record (or Narrative and Application) to Request a Review of a Service Level (Scheduled or Nonscheduled)
4424 Guidelines for Expired Service Level Authorization
4425 Retroactive Service Level Authorization
4425.1 Obtaining a Retroactive Service Level
4430 When Authorized Service Levels and Billing Service Levels Are Not the Same
4431 Requesting a BSL That Is Lower Than the ASL
4432 Requesting a BSL That Is Higher Than the ASL
4433 End Dates for an ASL at the Basic Service Level
4434 4433 State Office Eligibility Program Specialist Role and Responsibilities
4435 4434 Appealing Disagreements with ASLs
4435.1 4434.1 Service Level Peer Review Committee
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Appendix 4623: Protocol for RCCL RCCI or CPS Investigations Involving Child-on-Child Victimization in Foster Care
Child Protective Investigations Revisions
None.