Handbook Revision, October 1, 2021
These revisions of the Child Protective Services Handbook were published on October 1, 2021.
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
Working with Family Advocates and Other Advocacy Organizations (PATS 12862)
Because of the frequency with which DFPS interacts with advocacy organizations, such as parent rights advocates and homeschool coalitions, the DFPS Government Relations division identified the need for a clear, consistent policy across DFPS for interacting with these advocates. This policy applies when DFPS does not have a memorandum of understanding (MOU), and there isn’t existing law related to the sharing of information with the organization.
This new policy gives staff clear guidance on what role the advocacy organization may have in a case and what information DFPS can share directly with the advocate.
See:
1459 Family Advocates and Other Advocacy Organizations
1459.1 Case Records
1459.2 Communication
1459.3 Participation in Meetings
1459.4 Participation in Interviews
Permanency Care Assistance (PCA) (PATS 12953)
This update streamlines the section of policy about Permanency Care Assistance.
See:
1600 Permanency Care Assistance (PCA)
1610 Definitions Related to PCA Permanency Care Assistance
1611 PCA Overview of Permanency Care Assistance
1612 PCA Eligibility Requirements for Permanency Care Assistance
1612.1 Eligibility Requirements for a Prospective Permanent Managing Conservator to Receive PCA Permanency Care Assistance
1612.2 PCA Eligibility Requirements of for Children for Permanency Care Assistance
1612.3 PCA Eligibility Requirements of for Siblings for Permanency Care Assistance
1612.4 When a Child Is Not Eligible for PCA Permanency Care Assistance (State-Paid or Paid by Title IV-E Funded)
1613 Requesting an Extension of PCA Permanency Care Assistance
1614 Informing Families Aabout PCA Permanency Care Assistance
1615 Applying for PCA Permanency Care Assistance
1616 The Regional Role in Determining PCA Eligibility for Permanency Care Assistance
1616.1 The Eligibility Assistance Units in the Regionals Eligibility Assistance Units
1616.2 The Steps for Determining PCA Eligibility for Permanency Care Assistance
1616.21 Step 1: Logging Receipt of a PCA Packet and Evaluating It for Completeness
1616.22 Step 2: Making a Preliminary Determination About PCA Eligibility
1616.23 Step 3: Negotiating a PCA Agreement With a Prospective Managing Conservator
1616.24 Step 4: Activating PCA Benefits Upon a Transfer of Managing Conservatorship
1616.3 1616.4 Eligibility Units’ Ongoing PCA Responsibilities of Eligibility Units in Permanency Care Assistance
1616.4 1616.5 Reimbursing Nonrecurring Expenses Covered by PCA Permanency Care Assistance
1616.5 1616.6 Determining Which Region Maintains a Case Involving PCA Permanency Care Assistance
1617 1618 Negotiating Permanency Care and Deferred Agreements
1617.1 1618.1 The Role of the Negotiator in Determining PCA Permanency Care Assistance
1617.2 1618.2 Determining the Payment Ceiling When Negotiating for PCA Permanency Care Assistance
1617.3 1618.3 Other Considerations When Negotiating for PCA Permanency Care Assistance
1617.4 1618.4 Explaining Education Requirements When Negotiating for PCA Permanency Care Assistance
1617.5 Explaining PCA Successor Benefits
1617.6 1618.5 Negotiating Deferred Agreements for PCA Permanency Care Assistance
1618 1619 Providing Medical Assistance to PCA Recipients of Permanency Care Assistance
1618.1 1619.1 Providing Medical Care to a Child Who Lives in Texas and Receives PCA Permanency Care Assistance
1618.2 1619.2 Providing Medical Care to a Child Who Lives Out of -State and Receives PCA Permanency Care Assistance
1620 A Change in the Circumstances of a PCA Recipient of Permanency Care Assistance
1621 Benefits: PCA Recertification and Termination for Permanency Care Assistance
1621.1 Recertification of PCA Eligibility for Permanency Care Assistance
1621.2 Terminating PCA Permanency Care Assistance
1621.3 1621.21 Recertification of Eligibility for Extended PCA Permanency Care Assistance
1622 Recouping a PCA Overpayment of Permanency Care Assistance Payments
1622.1 Standard Cases – Recouping PCA Overpayments in 30 Days
1622.2 Hardship Cases – Recouping PCA Payments of in Any Dollar Amount
1622.3 Extreme Hardship Cases – Recouping PCA Payments in More Than 12 Months (Requires State Office Approval)
1623 Fair Hearings Regarding Decisions Aabout PCA Permanency Care Assistance
1623.1 Duties of the Adoption Assistance Eligibility Specialist
1623.2 Appealing Decisions Made Regarding PCA Permanency Care Assistance
1624 PCA Permanency Care Assistance Successor
Assessing Criminal History (PATS 13610)
House Bill 375, 87th Legislature, Regular Session was signed into law. This law changes Penal Code §21.02, regarding continuous sexual abuse, to include a disabled individual as well as a child. This change results in changes to Chart 1 and Chart 2 about criminal background checks for prospective parental child safety placements (PCSPs) and kinship caregivers.
In Chart 3, a revision date has been added (it is the same date as on the main page for this appendix), and a sentence that links to the main page has also been added. The policy content of Chart 3 is not changing at this time.
On the main page for this appendix, the title has been revised, but there are no other changes.
See:
Appendix 4525: Offenses Ffrom the Texas Penal Code and Other Codes
Child Protective Investigations Revisions
Notification of Report Involving Child in Conservatorship (PATS 13208)
This handbook revision adds policy on notifying CVS staff when a child in DFPS conservatorship is involved in a new investigation.
See:
2151 The CPI Supervisor’s Role in Reviewing Reports of Abuse or Neglect
2151.1 Notification of a Report Involving a Child in DFPS Conservatorship
Primary Statutory Definitions and Definitions of Terms (PATS 13592)
This policy revision updates several definitions in the handbook as a result of the following legislation passed during the 87th Legislative Session:
- HB 375 — adds “disabled individual” to sexual abuse definition.
- HB 567 — updates NSUP definition to include blatant disregard and immediate danger.
- HB 1540 — adds reference to Penal Code 43.021, Solicitation of Prostitution, to sex trafficking definition.
- HB 2536 — adds an exclusion to the definitions of neglect regarding a parent or caregiver seeking a second medical opinion.
See:
2110 Definitions of Abuse and Neglect and Authority
2111 Definitions
2112 Primary Statutory Definitions
2113 Statutory Definitions of Child Abuse and Neglect
2113.1 Definitions of Abuse
2113.2 Definitions of Neglect
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Definitions of Terms
Referral to FACN (PATS 13614)
This policy is being updated to comply with Senate Bill 1578, 87th Legislature, Regular Session. This law prohibits DFPS from using a health care practitioner for forensic assessment services in an investigation of child abuse or neglect if that practitioner is a reporter in the same case.
See:
2232 Making a Referral to the Forensic Assessment Center Network
2232.1 When and When Not to Make a Referral to FACN
2232.2 Specialty Consultations
2232.3 Documenting Results from FACN Consultations
2232.4 Requesting an Extension While Awaiting FACN Response
2232.5 Removing a Child Based on FACN Consult
Referring a Case from INV or AR to FBSS (PATS 13633)
Policy 2400 has been updated to reflect legislative changes from House Bill 567, 87th Legislature, Regular Session.
See:
2400 Referring a Case from Investigations or Alternative Response to Voluntary or Court Ordered Family-Based Safety Services (FBSS)