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Child Protective Services Handbook

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  • Section 1000: Organization and Administration

    1000 Organization and Administration

    1100 Department of Family and Protective Services - Child Protective Investigations (CPI) and Child Protective Services (CPS) Programs

    1110 DFPS and CPI Mission, Vision, and Values

    1111 Child Protective Services Mission, Vision, and Values

    1120 Guiding Principles of the CPS Program

    1121 Family Group Decision-Making (FGDM)

    1121.1 The FGDM Philosophy

    1121.2 Using Models of FGDM to Guide Safety and Service Planning

    1121.21 Family Team Meeting (FTM)

    1121.22 Family Group Conference (FGC)

    1121.23 Circle of Support (COS)

    1121.24 Transition Plan Meeting (TPM)

    1121.25 Permanency Conference (PC)

    1121.3 Family Group Decision-Making Strategies

    1121.4 The Attendance and Participation of Children and Families in FGDM Conferences

    1121.41 Alternate Methods of Participation for Children

    1121.42 Alternate Methods of Participation for Older Youth

    1122 Focus on Resources and Outcomes

    1130 Program Organization

    1131 State Office

    1132 Regional Offices

    1140 Relationship to Other Agencies and Entities

    1141 Federal and State Agencies

    1142 Protective Services Contracts

    1142.1 Development of Protective Services Contracts

    1143 Statewide Parent Collaboration Group and Regional Parent Support Group

    1144 Criminal Records Check for Authorized Volunteer Organizations

    1145 Bookkeeping and External Entities

    1150 DFPS Volunteer and Community Engagement

    1151 Acceptance of Gifts and Donations

    1160 Public Information About Child Protective Investigations and Child Protective Services

    1170 Program Planning

    1171 Regional Planning

    1171.1 Development of Regional Program Plans

    1172 State Planning

    1172.1 Plans Required by Federal Funding Sources

    1180 Information Systems

    1181 Information Management Protecting Adults and Children in Texas (IMPACT)

    1181.1 Child Abuse and Neglect Central Registry

    1181.2 Who Can Access Central Registry

    1182 Self-Request Central Registry Checks

    1183 Previous Information Systems (Legacy Systems)

    1200 Legal Foundation for Child Protective Investigations and Child Protective Services

    1210 State Laws Governing DFPS

    1211 Texas Human Resources Code

    1212 Texas Family Code

    1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect)

    1212.2 Texas Family Code Chapter 262 (Removal of Children)

    1212.3 Texas Family Code Chapter 263 (Review of Placement of Children in DFPS Conservatorship)

    1212.4 Texas Family Code Chapter 264 (Child Welfare Services)

    1212.5 Texas Family Code Chapter 266 (Medical Care and Educational Services for Children in DFPS Conservatorship)

    1213 Texas Administrative Code

    1220 The U.S. Constitution and Federal Laws

    1221 Federal Funding Under the Social Security Act

    1221.1 Title IV-A and Temporary Assistance for Needy Families

    1221.2 Title IV-B Child Welfare Services

    1221.21 Title IV-B, Subpart 1 (The Stephanie Tubbs Jones Child Welfare Services Program)

    1221.22 Title IV-B, Subpart 2 (Promoting Safe and Stable Families)

    1222 Title IV-E Payments for Foster Care, Adoption Assistance, and PCA Payments

    1223 Child Abuse Prevention and Treatment Act (CAPTA)

    1224 Indian Child Welfare Act

    1240 General Eligibility Criteria

    1241 Child Protective Services Priorities

    1242 Request for Child Protective Services

    1243 Right to Refuse Services and Consequences of Refusal

    1244 Reviews of Client Complaints

    1245 Fair Hearings

    1250 Clients With Limited English Proficiency (LEP)

    1251 Clients with Disabilities

    1251.1 Definition of a Person with a Disability

    1251.2 Documentation of Disabilities

    1251.3 Child Safety Considerations

    1251.4 Accommodations and Modifications to Services

    1251.5 Requirements for Auxiliary Aids and Services

    1251.6 Sign Language Interpreter Requirements during DFPS Interventions

    1251.61 Obtaining Qualified Interpreters

    1251.62 Prohibition against Using Family Members, Friends, or Child Victims as Interpreters

    1251.63 Certified Interpreters Required for Court Hearings

    1260 Administrative Review of Investigation Findings (ARIF)

    1261 Determining Eligibility and Notifying the Requester

    1261.1 Determining Eligibility for a Requester

    1261.2 Notifying the Requester of Initial Eligibility Determination

    1261.3 Requesting an Expedited Administrative Review of Investigation Findings

    1262 Delaying the ARIF Because of a Court Case or Criminal Investigation

    1262.1 Notifying the Requester of the ARIF Delay

    1262.2 Determining Eligibility and Notifying the Requester After a Delay

    1263 Conducting the ARIF Meeting

    1263.1 Notifying People of the ARIF Meeting

    1263.2 Holding the ARIF Meeting

    1264 Making a Final ARIF Decision

    1265 Documenting the ARIF in IMPACT

    1265.1 Documenting and Changing Allegations in the ARIF Stage

    1265.2 Documenting in a Closed-Stage Addendum Contact

    1265.3 Changing Allegations Through a Data Fix

    1265.4 Changing the Type of Abuse or Neglect in a Confirmed Allegation

    1265.5 Changing the Severity of a Confirmed Allegation to or From Fatal

    1266 Sending Notification of the Written Decision

    1266.1 Notifying the Requester of the Decision

    1266.2 Notifying the Parent or Guardian and Reporter of the Decision

    1266.3 Preparing and Sending Notification Letters

    1267 Providing an ARIF During the Release-Hearing Process

    1270 Evaluation and Monitoring of CPS Cases

    1271 Federal Monitoring of CPS Cases

    1272 Federal Eligibility Reviews of Title IV-E Foster Care

    1273 Federal Child and Family Services Reviews (CFSR)

    1280 Reviews by the Office of Consumer Affairs (OCA)

    1281 Overview of the OCA Review Process

    1282 Regional Responsibilities

    1290 Release Hearings When CPI Releases Investigation Findings

    1291 Factors CPI Considers When Deciding Whether Release Is Necessary

    1292 Approval before Releasing Information

    1293 Release of Designated Perpetrator Information

    1293.1 Notice to Perpetrator

    1293.2 Emergency Release to Outside Entity

    1294 Release of Sustained Perpetrator Information When Release Hearing Is Waived

    1295 Release of Sustained Perpetrator Information When Release Hearing Occurs

    1295.1 Preparation for and Scheduling of a Release Hearing

    1295.2 Procedures for a Release Hearing

    1295.3 Decisions an Administrative Law Judge (ALJ) Can Make

    1295.4 Notification of SOAH Decision to DFPS and Perpetrator

    1295.5 Appeal of the Decision

    1295.6 Required Regional Actions after Final SOAH Decision

    1295.61 Regional Actions on Sustained Findings

    1295.62 Regional Actions on Overturned or Altered Findings after an Emergency Release

    1295.63 Timing of Sending Notices and Updating IMPACT

    1296 Release of Sustained Perpetrator Information When Perpetrator Does Not Appear at Release Hearing

    1297 Release of Previously Sustained Perpetrator Information

    1298 Templates for Notice Letters in the Release Hearing Process

    1300 Fiscal Requirements

    1310 Federal Funds

    1320 State Funds

    1330 Local Funds

    1331 Public Local Funds

    1332 Private Local Funds

    1332.1 Funds Received on Behalf of a Child

    1400 Case Records and Workload Management

    1410 Definition of Case and Stage

    1411 Types of Cases and Stages of Service

    1420 Opening a Case

    1421 The Case Record

    1422 Parts of the Case Record

    1422.1 IMPACT Record

    1422.2 External Record

    1430 Documentation in the Case Record

    1431 References for Detailed Requirements for Case Documentation

    1431.1 References for Detailed Case Recording Requirements

    1432 Family Tree

    1432.1 Establishing Relationships Using Family Tree in IMPACT

    1432.2 Situations in Which a Staff Member Is Included in Family Tree

    1432.3 Handling Exceptional Relationships in Family Tree

    1432.4 Viewing Family Tree Graphs

    1432.5 Printing Family Tree Reports

    1432.51 Family Tree Contact Information Report

    1432.6 Confidentiality and Release of Family Tree Reports

    1433 Supervisory Approval Process in IMPACT

    1440 Security of Case Records

    1450 Confidentiality of Information

    1451 Sharing Confidential Information

    1452 Requests for Case Records

    1453 Releasing Information for the Safety or Protection of a Child or Family, or for Legal Processes

    1453.1 Sharing Information During the Course of an Investigation

    1453.2 Releasing Information to Locate Missing Parents or Children

    1453.3 General Prohibition against the Release of Criminal History Records Information

    1453.31 Exception Allowing Release of Information for Court and Administrative Hearings

    1453.32 Exception Allowing Release of Information for Child Safety or to Carry Out Certain DFPS Functions

    1453.33 Releasing Information for the Child's Safety

    1453.34 Criminal History Information Policy

    1453.35 Texas Law Enforcement Telecommunications System (TLETS)

    1453.4 Releasing Information to Law Enforcement, Out-of-State Child Protective Services Agencies, and County or District Attorneys

    1453.41 Sharing Information during an Open Investigation

    1453.42 Sharing Information after the Investigation is Closed

    1453.43 Sharing Information with Law Enforcement about Criminal Activity at Any Case Stage

    1453.5 Releasing Information to the Family Court, or to Comply With a Court Order

    1453.6 Releasing Information to Court-Appointed Attorneys and Guardians Ad Litem

    1453.61 Releasing Information to CASA Staff and Volunteers

    1453.7 Protecting Locating Information of Victims of Family Violence, Sexual Assault or Abuse, Trafficking, or Stalking

    1454 Releasing Information to Obtain Services for the Child

    1454.1 Releasing Information to the Caregiver of a Child in Conservatorship

    1454.2 Releasing Information during Family Meetings

    1454.3 Releasing Information to Access Health Care or Social Services

    1454.4 Releasing Information to Access Education Services

    1454.5 Releasing Information to Adoptive or Prospective Adoptive Parents

    1454.6 Sharing Information with Certain Providers Who Serve Children and Youth

    1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies

    1455 Releasing or Using Children’s Photos and Images

    1455.1 When Children May Release or Use Photos of Themselves

    1455.2 When a Caregiver May Release or Use Photos of the Child

    1455.3 When the Child’s Consent Is Not Required for Use of Photos

    1456 Special Types of Information or Situations

    1456.1 Release of Information on a Child Fatality Investigation

    1456.3 HIV Information

    1456.4 Drug or Alcohol Treatment Records about a Child

    1456.5 Disability Rights Texas

    1456.6 Releasing Information to Military Personnel

    1456.7 Media Inquiries and Requests from Legislative Offices

    1457 Subpoenas

    1458 Public Information (Open Records) Requests

    1459 Family Advocates and Other Advocacy Organizations

    1459.1 Case Records

    1459.2 Communication

    1459.3 Participation in Meetings

    1459.4 Participation in Interviews

    1460 Closing Cases

    1461 Closing Stages or Cases in IMPACT

    1462 Preparing the External Record

    1462.1 Unit Staff Responsibilities

    1462.2 Items Retained in the External Record

    1462.3 Items Returned to the Child When a Conservatorship Case Is Closed

    1470 Retention and Disposition of Case Information

    1480 Workload Management – Case Conferences and Supportive Supervision

    1500 Eligibility for Child Protective Services

    1510 Foster Care Assistance

    1511 Applying for Foster Care Assistance

    1512 Determining Eligibility

    1512.1 Consistency With Income and Resources Information

    1512.2 Unknown Family Income on the Foster Care Assistance Application

    1512.3 Zero Family Income on the Foster Care Assistance Application

    1513 Data Broker

    1514 Annual Review of Eligibility

    1515 Notifications to SSA and Use of the Wire Third Party Query System

    1516 Foster Care Eligibility Case Record

    1520 Obtaining Certified Birth Certificates and Printing Birth Records Screenshots

    1521 Requesting Certified Birth Certificates

    1521.1 Requesting Birth Certificates for Children Born in Texas

    1521.2 Requesting Birth Certificates for Children Born in Texas for Adoption Purposes

    1521.3 Requesting Out-of-State Birth Certificates

    1521.4 Requesting International Birth Certificates

    1521.5 Request Reimbursement if Personal Funds Must Be Used to Obtain Certificate

    1530 Foster Care Assistance Eligibility Requirements for Children and Youth Who Are in DFPS Conservatorship

    1531 General Foster Care Assistance Eligibility Requirements

    1531.1 General Eligibility Requirements for Title IV-E and State-Paid Foster Care

    1531.11 Responsibility for Placement and Care

    1531.12 Age

    1531.13 Placement Facility

    1531.14 Social Security Number

    1531.15 Young Adults and DADS

    1531.2 General Eligibility Requirements for MAO Foster Care

    1532 Additional Eligibility Requirements for Title IV-E Foster Care

    1532.1 Judicial Determinations

    1532.2 Citizenship or Immigration Status

    1532.3 Social Security Number

    1532.4 Valid Removal from the Home

    1532.5 Aid to Families with Dependent Children (AFDC) Requirements

    1533 Requirements When IV-E Children are in a Non-IV-E Placement

    1533.1 Trial Home Visits/Monitored Returns

    1533.2 Placements Outside the Scope of Foster Care

    1534 Additional Eligibility Requirements for State-Paid Foster Care

    1535 Medical Coverage for Children in Foster Care

    1535.1 Medicaid Eligibility Types

    1535.2 Medical Assistance Only (MAO) Auto-Eligibility

    1535.3 MAO Coverage for Children Placed in Kinship, Relative, or Own Home Placement

    1535.4 MAO Coverage for Children in Adoptive Placements

    1535.5 MAO Coverage for Children in Texas Juvenile Justice Department (TJJD) Placements

    1536 Eligibility in Medical Facilities Before Placement

    1537 Foster Care Payments During Absences From Foster Care Placements

    1538 Medicaid Benefits for Foster Care Children Placed in Texas From Other States

    1539 Medicaid Benefits for Foster Care Children Placed Out of State

    1540 Foster Care Assistance Eligibility Requirements for Young Adults Formerly in DFPS Conservatorship

    1541 Extended Foster Care Assistance

    1542 Return for Extended Foster Care

    1543 Payment for Long-Term Care in Adulthood

    1544 Medicaid for Young Adults Who Age Out of Foster Care

    1550 DFPS Accounting Staff Information and Responsibilities

    1551 Foster Care Maintenance Payments

    1551.1 Rates for DFPS Foster Care Maintenance Payments

    1551.2 Participation in the Paid Foster Care Program

    1551.3 Effective Dates of Foster-Care Maintenance Payments

    1552 Payment for Foster Care

    1553 Recoupment of Foster Care Maintenance Overpayment

    1553.1 Basic Recoupment

    1553.2 Manual Recoupment

    1553.21 Review of the Invoice Recoupment Report

    1553.22 Manual Recoupment Process

    1553.23 Provider Responds within 30 Days

    1553.24 Documenting Receipt of Payment (State Office)

    1553.25 When Payment is Not Received within 30 Days

    1553.26 Provider Does Not Respond Within 30 Days

    1553.3 Notifying Providers of Recoupment that Exceeds 50 Percent of Next Payment

    1553.31 Extreme Hardship and Repayment Plans

    1553.4 When Not to Initiate Recoupment Procedures

    1560 Managing Children’s Funds

    1561 Accounting Procedures for Children’s Funds

    1561.1 Organization of the Accounting Unit

    1561.2 Separation of Duties

    1561.3 Documentation

    1561.4 Accounts Receivable (Income)

    1561.5 Accounts Payable (Expenditures)

    1562 Management of Children’s Income Accounts (CIAs)

    1562.1 General Information

    1562.11 Electronic Access to Children’s Funds

    1562.12 Deposits and Withdrawals of Children’s Funds

    1562.13 Receipt of Funds

    1562.14 Cash Basis Accounting

    1562.15 IMPACT Financial Account Pages

    1562.16 Excess Funds

    1562.2 Account Resource Limits for Children Who Receive SSI

    1562.3 Adoptive Placement and Children’s Income

    1562.4 Deceased Children’s Income

    1563 Management of Children’s Savings Accounts

    1563.1 Transactions

    1563.2 Establishment of a Child’s Savings Account

    1563.3 Closure of Accounts in a Timely Manner

    1563.31 Children with a Legal Status of Resp Terminated

    1563.32 Children Receiving Funds and No Longer in Conservatorship or the Extended Foster Care Program

    1564 Duties of Accounts Receivable (AR) Staff

    1564.1 Manual Receipt of Funds by Accounts Receivable (AR) Staff

    1564.11 Checks Payable to Person Versus DFPS

    1564.2 Monthly Procedures for Accounts Receivable (AR) Staff

    1565 Duties of Accounts Payable (AP) Staff

    1565.1 New Benefit Award from SSA

    1565.2 Stop Payments

    1565.3 Income When Child Is in Paid Substitute Care

    1565.4 Income When Child Is Not in Paid Substitute Care

    1565.5 Lump Sum Distribution

    1566 Reconciliation Requirements for Accounts Reconciliation (Recon) Staff

    1567 Duties of Accounting Team Lead

    1567.1 Procedures for Reviewing Information and Reports

    1567.2 Monthly Reconciliation Responsibilities of Accounting Team Lead

    1567.3 Annual Reconciliation for Each Child

    1567.4 Reconciliation of Child’s Income at Discharge

    1567.5 Reconciliation of Discrepancies

    1568 Records Retention Requirements for Transactions Involving Children’s Funds

    1569 Child Support Payments

    1569.1 Request for Court Order for Child Support

    1569.2 Enforcement of Child Support Court Order

    1569.3 Distribution of Child Support Funds When the Child Is in DFPS Conservatorship

    1569.4 Excess Child Support Funds in Title IV-E Cases

    1569.5 Distribution of Child Support Funds after the Child Leaves DFPS Conservatorship

    1569.6 Child Support Funds in Placements That Are Unapproved or Not Yet Fully Approved

    1570 Supplemental Security Income (SSI) for Children in Foster Care

    1571 Effect of SSI Eligibility on Title IV-E Foster Care

    1572 Effect of SSI Eligibility on State-Paid Foster Care

    1573 Effect of SSI Eligibility on MAO Foster Care

    1574 SSI Applications for Youth Aging Out of Care

    1575 Home and Community-Based Services (HCS) Placement

    1575.1 SSI Coordinator and Foster Care Eligibility Specialist Responsibilities

    1575.11 If the Child’s SSI Benefits are Active

    1575.12 If the Child’s SSI Benefits are Suspended by SSA

    1575.13 Child Never Had SSI Benefits or SSA Denies Benefits After Suspension

    1575.2 Medical Assistance Only (MAO) Eligibility in HCS Placements

    1576 Child Specific Contract Placements

    1577 Establishing a Dedicated Account Using a Supplemental Security Income (SSI) Lump Sum

    1578 Money Earned by Foster Children From Full- or Part-Time Employment

    1579 Third Party Resources for Medical Care Services

    1579.1 Third Party Payers

    1579.2 Reporting Third Party Payers

    1580 Managing a Supplemental Security Income (SSI) Lump Sum or Retirement, Survivors, and Disability Insurance (RSDI) Lump Sum

    1581 Managing SSI and RSDI Lump Sums

    1581.1 Dedicated SSI Account

    1581.2 Approvals for Lump Sum Expenditures

    1581.3 Nine-Month Exclusion Period for SSI and RSDI Lump Sums

    1581.4 Conserved Funds From Prior Payee

    1581.5 Returning Conserved Funds to SSA

    1581.6 Receipt and Deposit of SSI Lump Sum

    1581.7 SSI Overpayments

    1582 Use and Conservation of SSI and RSDI Lump Sums for Children Receiving SSI

    1582.1 Step 1: Consider the Appropriate Needs of the Child

    1582.11 Expenditure Request Form

    1582.2 Step 2: Maintain Funds in a Savings Account

    1582.3 Step 3: Apply Balance to Nine Month's Cost of Care

    1582.4 Step 4: Determine If There Will Be Excess Funds

    1583 Child Receiving SSI Not in Paid DFPS Care

    1583.1 Child Receiving SSI Is Not in DFPS Paid Placement

    1583.2 Child Resides With a Kinship Caregiver or Other Unpaid Caretaker

    1584 How Monthly Payments are Distributed

    1584.1 Child Resides With a Kinship Caregiver or Other Unpaid Caretaker

    1584.2 Child is in an Adoptive Placement

    1584.21 Child is Eligible for Adoption Assistance Payments and Receives SSI

    1584.22 Child is Eligible for AA Payments and Receives RSDI or Another Monthly Payment but Does Not Receive SSI

    1584.23 Child is Not Eligible for Adoption Assistance Payments and Receives SSI, RSDI, or Other Monthly Payments

    1584.3 Child Returns to Parents

    1584.4 Child is No Longer in DFPS Conservatorship

    1585 Supplemental Security Income (SSI) Reports

    1585.1 SSI Tracking Report

    1585.2 17-Year-Old SSI Report

    1585.3 SSA Change Reports

    1590 Audits

    1591 Audit Recommendations

    1600 Permanency Care Assistance (PCA)

    1610 Definitions Related to PCA

    1611 PCA Overview

    1612 PCA Eligibility Requirements

    1612.1 Eligibility Requirements for a Prospective Permanent Managing Conservator to Receive PCA

    1612.2 PCA Eligibility Requirements for Children

    1612.3 PCA Eligibility Requirements for Siblings

    1612.4 When a Child Is Not Eligible for PCA (State Paid or Paid by Title IV-E)

    1613 Requesting an Extension of PCA

    1614 Informing Families about PCA

    1615 Applying for PCA

    1616 Determining PCA Eligibility

    1616.1 Regional Eligibility Assistance Units

    1616.2 Steps for Determining PCA Eligibility

    1616.3 Eligibility Units’ Ongoing PCA Responsibilities

    1616.4 Reimbursing Nonrecurring Expenses Covered by PCA

    1616.5 Determining Which Region Maintains a Case Involving PCA

    1617 Negotiating Permanency Care and Deferred Agreements

    1617.1 Role of the Negotiator in Determining PCA

    1617.2 Determining the Payment Ceiling When Negotiating for PCA

    1617.3 Other Considerations When Negotiating for PCA

    1617.4 Explaining Education Requirements When Negotiating for PCA

    1617.5 Explaining PCA Successor Benefits

    1617.6 Negotiating Deferred Agreements for PCA

    1618 Providing Medical Assistance to PCA Recipients

    1618.1 Providing Medical Care to a Child Who Lives in Texas and Receives PCA

    1618.2 Providing Medical Care to a Child Who Lives Out of State and Receives PCA

    1620 A Change in the Circumstances of a PCA Recipient

    1621 Benefits: PCA Recertification and Termination

    1621.1 Recertification of PCA Eligibility

    1621.2 Terminating PCA

    1621.3 Recertification of Eligibility for Extended PCA

    1622 Recouping a PCA Overpayment

    1622.1 Standard Cases – Recouping PCA Overpayments in 30 Days

    1622.2 Hardship Cases – Recouping PCA Payments 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 about PCA

    1623.1 Duties of the Adoption Assistance Eligibility Specialist

    1623.2 Appealing Decisions Made Regarding PCA

    1624 PCA Successor

    1700 Adoption Assistance Program

    1710 Adoption Assistance

    1711 Eligibility Requirements for Adoption Assistance for Children Adopted from DFPS Conservatorship

    1711.1 General Eligibility Requirements

    1711.2 Determining Whether a Child Has Special Needs

    1711.3 Medical Assistance Only (MAO) Medicaid When a Child Has Not Qualified for Adoption Assistance

    1711.4 Additional Eligibility Requirements for Monthly Payments and Medicaid Coverage

    1711.5 Eligibility Requirements for State-Paid Adoption Assistance

    1711.6 Determining Who Is an Applicable Child

    1711.7 Eligibility Requirements for Extended Adoption Assistance

    1711.8 Permanent Managing Conservatorship When Adoption Assistance Is Not Available

    1712 Eligibility Requirements for Adoption Assistance for Children Adopted from the Conservatorship of an LCPA

    1712.1 Eligibility Requirements

    1712.2 Case Record for Adoption Assistance

    1712.3 International Adoptions

    1713 Jurisdiction and Responsibility for Determining Eligibility and Activating Benefits

    1713.1 Determining Which Children Are within DFPS Jurisdiction

    1713.2 Determining Which Region Has Responsibility for a Case

    1714 Program Notification, Application Process, and Responsibility for Cases

    1714.1 Informing Families of the Adoption Assistance Program

    1714.2 Application Process for Adoption Assistance

    1714.3 Determination of Eligibility

    1714.4 Responsibilities of the Eligibility Specialist in Entering into the Adoption Assistance Agreement

    1714.5 Commencement of Benefits

    1714.6 Ongoing Responsibilities of Adoption Assistance Eligibility Units

    1714.7 Reimbursement of Nonrecurring Adoption Expenses

    1715 Negotiation of Adoption Assistance Agreements and Deferred Adoption Assistance Agreements

    1715.1 Responsibilities of Negotiators for Initial Adoption Assistance Agreement

    1715.2 Ongoing Responsibilities of Negotiators

    1715.3 Considerations during Negotiations

    1715.4 Supplemental Security Income (SSI) Payments and Adoption Assistance Payments

    1715.5 Determining the Payment Ceiling for Adoption Assistance

    1715.6 Education Requirements

    1716 Deferred Adoption Assistance Agreements

    1717 Changes in Circumstances and Periodic Certification of Continued Eligibility

    1717.1 Recertification of Eligibility

    1717.2 Adoptive Parents Die or Their Parental Rights Are Terminated

    1718 Termination of Adoption Assistance and Recoupment of Overpayments

    1718.1 Termination of Adoption Assistance Benefits

    1718.2 Recoupment of Overpayments of Adoption Assistance

    1718.21 Standard Cases - Recouping an Adoption Assistance Payment in 30 Days

    1718.22 Hardship Cases – Recouping an Adoption Assistance Payment in More Than 30 Days (up to 12 Months)

    1718.23 Extreme Hardship Cases - Recouping an Adoption Assistance Payment in More Than 12 Months (Requires State Office Approval)

    1719 Fair Hearings about Adoption Assistance Determinations

    1719.1 Appealing Determinations about Adoption Assistance

    1719.2 Adoption Assistance Agreement Was Not Signed before the Adoption’s Consummation

    1719.3 Responsibilities of the Adoption Assistance Eligibility Specialist and Negotiator

    1720 Enhanced Adoption Assistance

    1721 Definition of Enhanced Adoption Assistance

    1722 Eligibility Requirements for Enhanced Adoption Assistance

    1723 Proceeding with Adoptive Placements in a Timely Manner

    1724 Approval Process for Enhanced Adoption Assistance

    1724.1 Regional Approval Process

    1724.2 State Office Approval Process

    1724.3 Approvals and Notification to Family

    1724.4 Summary of Forms

    1725 Timing of Negotiation for Enhanced Adoption Assistance and Placement

    1726 Authorization of Payments for Enhanced Adoption Assistance

    1727 Denials of Enhanced Adoption Assistance

    1728 Deferred Agreements for Enhanced Adoption Assistance

    1729 Appeals and Fair Hearings for Enhanced Adoption Assistance

    1730 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance

    1731 The Interstate Compact on Adoption and Medical Assistance and its Effect on Adoption Assistance

    1732 Procedures of the Interstate Compact on Adoption and Medical Assistance

    1733 Procedures for Children Eligible for Adoption Assistance who Are Placed or Moved Out of Texas

    1800 Records Checks

    1810 Legal Requirements for Criminal Records Checks

    1820 Purpose and Types of Background Checks

    1830 People on Whom Criminal Records Checks Can Be Made

    1840 Limited Disclosure of Criminal History Records

    1900 Substance Use

    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

  • Section 2000: Intake, Investigation, and Assessment

    2000 Intake, Investigation, and Assessment

    2100 Processing Reports of Abuse or Neglect

    2110 Definitions of Abuse/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

    2114 Statutory Definition of Person Responsible for Child's Care, Custody, or Welfare

    2115 Terms Used in Primary Statutory Definitions

    2116 Other Definitions

    2120 CPI Authority for Investigating Reports of Abuse or Neglect

    2121 Reports within CPI Authority to Investigate

    2121.1 DFPS Employee or Single Source Continuum Contractor (SSCC) Abuse or Neglect Investigations

    2121.2 Expedited Investigations

    2122 Reports Not Within CPS Authority to Investigate

    2123 Children Not Yet Born or Not Born Alive

    2130 The Roles of SWI and CPS During Intake

    2131 Legal Requirements for Reporting Abuse or Neglect

    2132 Reporting Requirements for DFPS Staff

    2132.1 Reporting Requirements for Licensed or Certified DFPS Staff

    2132.2 Reporting Requirements for All Staff When Incidents Involve Older Adults or Adults Who Have Disabilities

    2132.3 Reporting Requirements for All DFPS Staff When a Person Refuses to Report

    2132.4 Exception to the Requirement That CPS Staff Notify SWI About Additional Allegations

    2133 Special Issues Relating to Reporting Abuse or Neglect

    2134 Reporting Directly to SWI About Abuse or Neglect

    2135 Reports Made to Field Offices

    2136 When to Notify Law Enforcement About Reports of Abuse or Neglect

    2140 Screening an Intake for Investigation

    2141 Screening and Prioritizing Reports of Abuse or Neglect

    2142 The Allegations That CPS Accepts for Investigation and Assessment

    2142.1 Criteria for Initiating an Investigation

    2142.2 Applying Statutory Definitions of Abuse or Neglect to Determine if a Report Meets the Criteria for CPS Investigation

    2142.3 Incomplete or Questionable Reports of Abuse or Neglect

    2142.4 When Abuse or Neglect Occurs in a Foster or Adoptive Home

    2142.5 Reports of Abuse or Neglect That Relate to Child-Care Facilities

    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)

    2144 The Role of SWI in Screening Reports of Abuse or Neglect

    2150 CPS Process of Screening Intakes for Investigations

    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

    2152 Contacting Collateral Sources About Reports of Abuse or Neglect

    2153 Formally Screening Reports of Abuse or Neglect (The Role of the Investigation Screener)

    2153.1 Criteria for Formally Screening Reports of Abuse or Neglect

    2153.2 CPS Staff Who Formally Screen Reports of Abuse or Neglect

    2153.3 Determining a Report's Eligibility for Screening

    2153.4 Reports That Clearly Meet Investigation Guidelines

    2153.5 Reports That Do Not Clearly Meet Investigation Guidelines

    2153.6 Recommending a Formally Screened Report for Investigation

    2153.7 Closing a Formally Screened Report (Not Recommending Investigation)

    2153.8 Time Frames for Completing the Formal Screening of a Report

    2153.9 Documenting the Formal Screening of a Report

    2154 Notifying the Reporter When a Report Is Closed

    2155 Changing the Priority of a Report – Abuse or Neglect

    2156 Closing Investigation Reports of Abuse or Neglect Using Priority None (PN) Closure Codes

    2156.1 Closing Reports Priority None (PN) That Involve Children in Care

    2156.2 Closing Reports Priority None (PN) That Involve a Child Fatality

    2156.3 Closing Reports Using Priority None (PN) Closure Codes

    2156.4 Required Tasks before Closing Report Using Priority None (PN)

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

    2156.6 Reports of Abuse or Neglect That Require Program Administrator Approval for Closure

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

    2157.1 Determining Whether Face-to-Face Contact Is Required

    2200 Basic Investigation Process

    2210 General Provisions

    2220 Documentation

    2221 Documentation and Same Day Contact Entry for Alleged Victims and Other Children

    2222 Case Activities Requiring 24 Hour Documentation

    2223 All Other Documentation

    2230 Investigation Tasks

    2231 When to Notify Children Advocacy Centers About Reports of Abuse or Neglect

    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

    2240 Interviewing, Examining, Transporting, and Removing a Child

    2241 Constitutional Protections Under the Fourth Amendment

    2242 General Requirements for Consent

    2242.1 Capacity to Consent

    2242.11 Determining Whether a Child Has the Capacity to Consent

    2242.2 Authority to Consent

    2242.3 Voluntary Consent

    2242.4 Withdrawing Consent

    2242.5 Documenting Consent and Actions Taken Based on Exigent Circumstances

    2243 Entering the Home

    2243.1 Consent to Enter the Home

    2243.11 Who Has the Authority to Give Consent to Enter the Home

    2243.12 Consent Provided by an Adult Resident of the Home

    2243.2 Exigent Circumstances

    2243.3 Court Order

    2244 Interviews With Children

    2244.1 Time Frames for Interviewing Children

    2244.2 Interviewing Other Children in the Home

    2244.3 Consent to Interview a Child

    2244.31 Consent to Interview a Child at Home

    2244.32 Consent to Interview a Child at School

    2244.4 Conducting the Interview

    2244.41 Assessing Communication Needs when Interviewing a Child

    2244.5 Notifying a Parent that a Child Has Been Interviewed

    2244.6 Interviews with Children at Specialized Facilities

    2244.7 Accepting Child Interviews Conducted by Others

    2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator

    2245 Visual Examinations

    2245.1 Consent for Visual Examination of a Child at Home or in the Presence of a Parent or Other Person Responsible

    2245.2 Consent for Visual Examination of a Child at School

    2245.21 Visual Examination of a Child at a School Under TEA Jurisdiction

    2245.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction

    2245.3 Conducting a Visual Examination

    2245.4 Audio and Visual Documentation of a Child's Interview and Injuries to the Child

    2245.5 Examinations by External Entities

    2245.51 Sexual Abuse Examinations

    2245.52 Medical, Psychological, and Psychiatric Assessments

    2246 Transporting a Child

    2246.1 Authority to Transport a Child From School

    2246.11 Parental Consent

    2246.12 Court Order

    2246.13 Reasonable Belief

    2246.2 Transporting a Child in Other Circumstances

    2246.3 Notifying the Parents Before Transporting a Child

    2247 Removing a Child from the Child’s Home

    2248 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals

    2248.1 Interviewing Parents and Alleged Perpetrators

    2248.11 Assessing Communication Needs when Interviewing an Adult

    2248.2 Notice of Right to Record an Alleged Perpetrator’s Interview

    2248.3 Recording Interviews of an Adult

    2248.4 Obtaining Demographic Information from Principals

    2248.5 Required Documents to Provide to Parents

    2248.6 Complaints or Requests for Clarification from Alleged Perpetrators or Principal Adults

    2248.7 Determining Alleged Perpetrator’s Military Status

    2250 Home Visits

    2251 Safe Sleep

    2260 Adding Additional Information to an Open Investigation

    2270 Assessing Safety and Risk

    2271 Safety Assessments

    2271.1 Completing an Initial Safety Assessment

    2271.2 Completing a Safety Reassessment

    2271.3 Completing a Closure Safety Assessment

    2272 Risk Assessment

    2273 Supervisor Review of Case Actions and Safety Decisions

    2274 Assessment of Ongoing Child Safety

    2275 Ongoing Contacts

    2276 Referral to Services

    2280 Disposition

    2281 Reaching Dispositions for the Allegations

    2281.1 Administrative Closure

    2281.2 Reason to Believe

    2281.3 Ruled Out

    2281.4 Unable to Complete

    2281.5 Unable to Determine

    2282 Referral to Early Childhood Intervention (ECI)

    2290 Submitting Investigations

    2291 Submitting an Investigation for Closure

    2291.1 Abbreviated Ruled Out

    2291.2 Unable to Complete, Family Moved/Cannot Locate

    2291.3 All Other Recommended Actions

    2291.4 Need for Ongoing Services

    2291.5 Extension Request

    2292 Action on a Submitted Investigation

    2292.1 Roles of the Child Safety Specialist, Supervisor, and Program Director

    2292.2 Child Safety Specialist Approval Required on Child Fatalities

    2292.3 Requesting Legal Orders

    2293 Notifying Clients of Investigation Findings

    2293.1 Exceptions to Notifying Clients of Investigation Findings

    2294 Investigation Recommended Actions at Closure

    2300 Special Circumstances for Investigations

    2310 Criteria for Administrative Closure of an Investigation

    2311 ADMIN – Anonymous Report

    2312 ADMIN – Refute the Allegations

    2313 ADMIN – Lacks Authority

    2314 ADMIN – Already Investigated

    2315 ADMIN – Investigation Is Longer Than 60 Days

    2320 School Investigations

    2321 Criteria for a School Investigation

    2322 Actions Required before Starting a School Investigation

    2323 Required Actions during a School Investigation

    2324 Schools Not Under the Jurisdiction of the Texas Education Agency (TEA)

    2325 Danger to a Child during a School Investigation

    2326 Completion and Closure of a School Investigation

    2327 Release of the School Investigation Report

    2330 Child Fatality

    2331 When a Child Dies

    2332 Sending Notifications When a Child Dies

    2333 Releasing Information About an Investigation Into the Death of a Child

    2340 Situations Requiring Confidentiality

    2341 Abortion

    2341.1 Referral to Prosecution of Suspected Physical or Sexual Abuse

    2342 OAG Address Confidentiality

    2350 Abandoned or Missing Child

    2351 Baby Moses

    2352 When a Child is Abandoned at a DADS Facility

    2353 Taking Possession of a Missing Child

    2354 Providing Assistance to TJJD about Non-CPS Youth

    2360 Medical Vulnerability

    2361 Child Under the Age of 11 With a Sexually Transmitted Disease (STD)

    2362 Religion

    2363 Dispositions Involving Drug or Alcohol Pre-Natal Exposure

    2364 Dispositions Involving Emotional Abuse

    2370 Other Jurisdictions

    2371 Military Bases

    2372 Out-of-State Abuse or Neglect Incidents

    2372.1 Handling Requests for Taking Legal Custody of Children Who Are Out of State

    2380 Child Trafficking (Sex and Labor Trafficking) Investigations

    2381 Informing Special Investigations of Child Sex or Labor Trafficking

    2382 Informing Law Enforcement of Child Sex or Labor Trafficking

    2383 Confirmed and Suspected Victims of Child Sex or Labor Trafficking

    2390 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance

    2391 Assessing the Basis for the Parent’s Refusal to Allow the Child to Remain in or Return to the Child’s Home

    2392 Referring the Child for a Residential Treatment Center Bed Funded by DSHS

    2392.1 Referral Criteria

    2392.2 Providing Crisis Services During the Referral Process

    2392.3 Responding to the Referral Process Outcome

    2393 If DFPS Removal Appears Necessary

    2393.1 Discussing the Option of Joint Temporary Managing Conservatorship

    2393.2 Documenting Removal

    2400 Referring a Case from Investigations to Voluntary or Court Ordered Family-Based Safety Services (FBSS)

    2410 Process for Concurrent Stages – Referring a Case to Family-Based Safety Services (FBSS)

    2600 Alternative Response

    2610 Eligibility for Alternative Response

    2611 Intakes or Cases Ineligible for Alternative Response (AR)

    2611.1 Intakes Ineligible for Alternative Response

    2611.2 Criteria for Routing a Case to Traditional Investigation

    2612 New Intakes on an Open Alternative Response Case

    2612.1 If the New Intake Meets Alternative Response Criteria

    2612.2 If the New Intake Does Not Meet Alternative Response Criteria

    2612.3 Completing Case Merges

    2612.4 Determining Whether Family Contact Needs to be Made on a New Intake

    2620 Contacts

    2621 Documentation and Contact Entry

    2621.1 Same Day Contact Entry with Children

    2621.2 Case Activities Requiring 24 Hour Documentation

    2621.3 All Other Documentation

    2622 AR Initial Contacts

    2622.1 First Contact

    2622.2 First Face-to-Face Contact

    2622.3 Meaningful Contact

    2622.4 Notifying and Making Face-to-Face Contact with an Involved Parent

    2622.5 Family Member Not Present

    2622.6 Family Refuses to Participate

    2622.7 Unable to Make Contact

    2622.8 Unable to Locate

    2622.9 Determining Military Status

    2623 Initial Contact Tasks

    2623.1 Initial Tasks

    2623.2 Contact with Collaterals

    2624 Ensuring Child Safety

    2624.1 Completing the Safety Reassessment

    2624.2 Supervisor's 15 Day Review of AR Case Actions and Safety Decisions

    2624.3 Completing the Risk Assessment

    2625 Ongoing Contacts

    2626 Alternative Response Family Plan

    2626.1 Completing the Plan

    2626.2 Documenting the Plan in IMPACT

    2626.3 Addressing Dangers to a Child

    2630 Stage Progressing an AR Case to Traditional Investigation

    2631 When an AR Case Must be Progressed to Traditional Investigation

    2632 When an AR Case May be Progressed to Traditional Investigation

    2633 Approval for Transferring a Case to Traditional Investigations

    2634 Stage Progression Time Frames

    2635 Referring a Case to Family-Based Safety Services (FBSS)

    2636 Legal Orders to Participate in Services

    2637 Parent or Caregiver Request for Reassignment

    2640 Extension

    2641 Criteria for Extension

    2642 When Not to Allow Extension

    2643 Extension Approval Time Frame

    2644 Closure Time Frames for Cases with Extension

    2650 Case Closure

    2651 Closure Time Frames

    2652 Alternative Response Case Closure Notifications

    2652.1 Exceptions to Providing Case Closure Notifications

    2653 Required Actions

    2654 Resulting Actions

    2655 Submitting an Alternative Response Case for Administrative Closure

    2655.1 Close – ADMIN – Anonymous Report

    2655.2 Close – ADMIN – Refuting the Allegations

    2655.3 Close – ADMIN – Lacks Authority

    2655.4 Close – ADMIN – Already Investigated

    2700 Emergency Assistance (EA) Eligibility

    2710 Determining the Family’s Total Annual Income

    2711 People for Whom to Collect Income Information

    2712 Types of Income Information to Collect

    2713 Verification of Income

    2714 Documentation

    2720 Responding to the Eligibility Statements

    2721 Risk Level

    2722 Child’s Living Situation

    2723 Cause of the Risk

  • Section 3000: Ensuring Child Safety

    3000 Ensuring Child Safety

    3100 When a Child Who is With His or Her Family Cannot be Located

    3110 Conducting a Diligent Search and Placing the Family on the Child Safety Check Alert List (CSCAL)

    3111 The Caseworker's Responsibilities

    3111.1 Time Frames for the Diligent Search

    3111.2 Required Diligent Search Actions

    3111.3 Actions at the End of the Caseworker's Diligent Search

    3111.4 Required Casework If Family Is Not Located

    3111.5 Immediate Face-to-Face Contact When a Family is Located

    3111.51 A Special Investigator (SI) Locates the Family

    3111.52 Law Enforcement Locates the Family

    3111.6 Family is Not Located—Closing the Case

    3112 The Special Investigator's Responsibilities

    3112.1 Diligent Search

    3112.2 Actions At the End of the Diligent Search in a Priority 2 INV, AR, or FPR Stage

    3112.3 After the Child and Family Are Placed on the CSCAL

    3112.4 Special Investigator Locates a Child on CSCAL

    3112.5 Family is Not Located—Closing the Case

    3113 The Special Investigator Program Director's (SIPD) Responsibilities

    3113.1 Assigning the Special Investigator (SI) to Conduct a Diligent Search

    3113.2 Arranging for the Child and Family to be Placed on the CSCAL

    3113.3 Arranging for Child and Family to be Taken Off the CSCAL

    3114 Exceptions to the Requirement to Place the Family on the CSCAL

    3114.1 Uncooperative Family Whose Location is Known

    3114.2 Family Cannot be Located When Case Closure is Begun

    3114.3 Other Exceptions

    3114.4 Length of Time the Case on the CSCAL if the Child is Not Located

    3115 Child in DFPS Conservatorship Goes Missing

    3200 DFPS Actions When Danger to a Child is Present

    3210 Parental Child Safety Placement (PCSP)

    3211 Evaluating the Child's Safety Before Placement

    3211.1 Assessing and Documenting Placement in a PCSP

    3211.11 Out-of-State PCSP

    3211.2 Criminal History Checks

    3211.21 DPS Criminal History Check

    3211.22 FBI Exigent and Fingerprint Checks

    3211.23 PCSP Household Member with Criminal History

    3211.3 Abuse and Neglect History Checks

    3211.31 Household Members Who Previously Lived Outside of Texas

    3211.32 PCSP Household Member with Abuse or Neglect History

    3211.4 Collateral Contacts

    3211.5 Staffing with Regional Attorney

    3211.51 The Court Places a Child Without DFPS Agreement

    3211.6 New Child Placed into an Existing PCSP

    3212 Notifying Parent or Guardian of PCSP Approval or Denial

    3213 Program Director Documentation in Approving PCSPs

    3214 Required Contacts

    3214.1 Required Contact with Child and PCSP Caregiver

    3214.2 Required Parent Contact

    3215 Reevaluating the PCSP

    3216 Extending a PCSP Past 60 Days

    3217 Ending a PCSP

    3218 Closing a Case or Stage When the Child Remains in a PCSP with a Caregiver Who Does Not Have Legal Custody

    3220 Taking Legal Custody of a Child

    3221 Notification and Assignment of Conservatorship Caseworker

    3222 Diligent Search for Possible Relative or Fictive Kin Placement

  • Section 4000: Placing Children in DFPS Conservatorship

    4000 Placing Children in DFPS Conservatorship

    4100 The Placement Process

    4110 Actions Required Before 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 Attorney Ad Litem, Guardian Ad Litem, and CASA Representative

    4113.6 Review Additional Information about the Needs of the Child or Youth

    4113.7 Review Information from the Current Caregiver

    4113.71 Caregiver-Initiated Placement Move

    4113.72 DFPS-Initiated Placement Move

    4114 Required Factors to Consider When Evaluating a 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 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

    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 or Youth’s Medical and Educational Information in IMPACT

    4122 Schedule and Conduct a Pre-Placement Visit

    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

    4130 Actions Required When a Child Moves

    4131 Gather the 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 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

    4142 Enter the Placement Change Information in IMPACT

    4143 Provide Required Notifications

    4143.1 Notify the 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 a Child or Youth When Placement Is Unavailable

    4152.2 Meeting the Needs of a Child or Youth without Placement

    4152.21 Food for a Child or Youth without Placement

    4152.22 Medication for a Child or Youth without Placement

    4152.23 Toiletries, Linen, and Bedding for a Child or Youth without Placement

    4152.24 Supervision for a Child or Youth without Placement

    4152.25 Education for a Child or Youth without Placement

    4152.26 Entertainment and Recreational Activities for a Child or Youth without Placement

    4152.27 Additional Support and Services for a Child or Youth without Placement

    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 Catchment Areas

    4160 Placements and Child Safety

    4161 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 Placement Team Searches for Placement Options

    4211.3 Placement Team Confers with Providers and Communicates Options to Caseworker

    4211.4 Caseworker and Supervisor Make Placement Selection

    4211.5 CPU or RPC Provide Confirmation of Selected Placement

    4211.6 Placements into Operations on Heightened Monitoring (HM)

    4220 Placements into Facilities Regulated by the Health and Human Services Commission (HHSC)

    4221 Abuse and Neglect Investigations of Placements

    4221.1 RCCI Notifying CPS of Alleged Abuse or Neglect in Foster Homes

    4221.2 CPS Responsibility and Procedure after Receiving a Notification of Abuse or Neglect by Either RCCI or CPI

    4221.3 CPS Protocol During an Investigation Involving a Child in Conservatorship

    4221.4 Using Intermittent Alternate Care and Respite During an Abuse and Neglect Investigation

    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 DFPS’s Continuing Responsibilities When a Child in Conservatorship is Placed in a Facility Regulated by Another State Agency

    4231.1 Notifying a Facility Regulated by Another State Agency of a Child’s Sexual Victimization and Sexual Aggression History

    4232 Reporting Problems to Other State Agencies

    4233 TJJD and JPD Facilities

    4240 The Intensive Psychiatric Transition Program

    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

    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 Approved

    4245.2 Extension Denied

    4250 Intense Foster Family Care Services

    4251 Requesting Intense Foster Family Care Placement

    4260 Treatment Foster Family Care (TFFC) Program

    4261 Treatment Foster Family 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 Placements and Living Arrangements for Youth and Young Adults

    4280 Temporary Absence from Paid Placement

    4281 Criteria for Paying for Foster Care During a Child’s Absence

    4282 Payment Time Frames

    4282.1 Emergency Care 4282.2 Foster Care

    4283 The Plan or Intent for the Child or Youth to Return

    4284 When the Caregiver or Provider Does Not Agree for the Child or Youth to Return

    4300 Unauthorized Arrangements of 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 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 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

    4423.4 After Submitting the Clinical Record (or Narrative and Application) to Request a Review of a Service Level

    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 Role and Responsibilities of the State Office Foster Care Billing Program Specialist

    4434 Appealing Disagreements with ASLs

    4434.1 Service Level Peer Review Committee

    4500 Interstate Placements

    4510 Placing Children Outside of Texas

    4511 Documenting a Request to Place a Child Outside of Texas

    4512 Expedited ICPC Home Screening

    4512.1 Criteria for an Expedited Home Screening

    4512.2 Initiating an Expedited Home Screening

    4513 Placing a Child with an Out-of-State Caregiver

    4513.1 Placing a Child with an Out-of-State Non-Custodial Parent

    4513.11 Assessing the Non-Custodial Parent

    4513.12 If the Caseworker Does Not Have Concerns With the Placement

    4513.13 If the Caseworker Has Concerns With the Placement

    4513.14 Issues to Address Before Dismissal and Placement With the Non-Custodial Parent

    4513.2 Placing a Child with an Out of State Custodial Parent

    4513.3 Placing a Child with a Relative Out of State

    4513.4 Placing a Child With a Foster Family Outside of Texas

    4513.5 Placing a Child With an Adoptive Family Outside of Texas

    4513.6 If a Texas Caregiver Moves to Another State

    4513.61 If the Caregiver Is a Foster Family

    4513.62 Adoptive Families

    4513.7 Placing a Child in a Residential Treatment Center Outside of Texas

    4513.8 If a Juvenile Probation Officer Requests Placement in a Licensed Residential Facility

    4514 Obtaining the Other State's Decision on an Interstate Placement

    4514.1 Notification

    4514.2 If Permission Is Denied

    4514.3 If Permission Is Granted

    4515 Placing the Child in the Other State if the Placement is Approved

    4515.1 Notifying the Receiving State

    4515.2 Requirement that the Court Maintains Jurisdiction and DFPS Maintains Custody after Making an Interstate Placement

    4515.21 When Texas ICPC Receives Notification of Alleged Abuse, Neglect, or Exploitation of a Child Placed in Another State

    4515.22 When a DFPS or SSCC Caseworker Receives Notification of Alleged Abuse, Neglect, or Exploitation of a Child Placed in Another State

    4515.3 Canceling a Placement Request

    4515.4 Out-of- State Placement Disruptions

    4516 Closing an ICPC Case

    4516.1 Final Recommendation

    4516.2 Agreement

    4516.3 The Final Court Order

    4520 Placing Children From Another State In Texas

    4521 Illegal Interstate Placements

    4522 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas

    4522.1 Completing a Home Screening When a Child From Another State Is Placed in Texas

    4523 Notification and Supervision

    4524 Requirement That the Court Retain Jurisdiction After Making an Interstate Placement

    4525 If a Caregiver Moves During the Supervision of an ICPC Case

    4525.1 Caregiver Moves Within Texas

    4525.2 Caregiver Moves Outside of Texas

    4526 Interstate Placement Disruption

    4527 Closing an ICPC Case

    4527.1 Final Recommendation

    4527.2 Agreement

    4527.3 The Final Court Order

    4527.4 Ending the Placement in IMPACT

    4530 Interstate Visits

    4600 Heightened Monitoring (HM)

    4610 Criteria for Placing an Operation on HM

    4620 HM Requirements

    4621 Operation’s HM Assessment

    4622 Initial Notifications

    4623 Duration of HM and Monitoring after HM

    4630 Role of the CPS HM Program

    4631 Stages of Heightened Monitoring

    4632 HM Coordination and Responsibilities

    4633 Heightened Monitoring Visits by CPS

    4634 Foster Home Placement Review and Child Placement Review

    4635 HM Placement Hold

    4640 HM Monitoring Evaluations

    4650 Determination of HM Plan Completion

    4660 HM Post-Plan Monitoring

  • 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

  • Section 6000: Substitute Care Services

    6000 Substitute Care Services

    6100 Overview of Substitute Care

    6110 Goals and Objectives

    6111 Assumption of Parental Responsibility

    6112 Goals of Substitute Care

    6113 Objectives of Substitute Care

    6114 Legal and Practical Bases

    6120 Initial Caseworker Activities

    6121 Complete a Post Removal Transfer Staffing

    6122 Required Tasks at Conservatorship Assignment

    6123 Ongoing Duty to Provide Notice of DFPS Conservatorship

    6124 Case Conference and Supportive Supervision in CVS, Local Permanency, and Kinship

    6130 Case Record and Workload Management

    6131 Case Stages

    6131.1 Case Definition

    6131.2 Types of Conservatorship Stages

    6131.21 Family or Parent Stages

    6131.22 Child Stage

    6131.23 Casework Related Special Requests

    6131.24 Foster and Adoptive Home Development

    6131.25 Adoption Stage

    6131.26 Substitute Care Case Related Special Request: C-PB Stage

    6131.27 Preparation for Adult Living

    6132 The Case Record

    6133 Case Recording

    6133.1 Documentation and Communication

    6133.2 Documenting Contacts in Substitute Care

    6133.21 Documenting Contacts Using the Contact Details Page

    6133.22 Documenting Monthly Contacts and Visits

    6133.23 Required Narrative Content

    6133.24 Contacts and Visits with the Child, Parent, Kinship, Relatives, and Caregiver

    6133.25 CPS Contact with Collaterals, Court, and Legal Parties

    6133.26 Supervisor Consultation

    6133.3 Documenting Legal Activity

    6133.4 Documenting Health Information

    6133.5 Maintaining the Health, Social, Educational, and Genetic History (HSEGH) Report

    6133.51 Education Information

    6133.52 Relatives and Fictive Kin

    6133.6 Documenting Information on Case Principals

    6133.7 Documenting Other Actions

    6133.71 Documenting Services to Parents and Caregivers

    6133.72 Documenting Permanency Planning Meetings

    6133.73 Maintaining Current Photograph of a Child

    6133.74 Documenting Transfer and Closing Summaries

    6134 External Documentation

    6140 General Caseworker Duties

    6141 Services to a Caregiver

    6142 General Court Duties

    6143 Communication with the Child, Parents, Attorneys, Courts, Relatives and Caregivers

    6143.1 Child or Youth Access to Caseworker and Unit Management

    6143.11 Responding to a Message from a Child or Youth

    6144 Caseworkers’ Responsibilities Regarding Discipline

    6150 Notifications

    6151 Whom to Notify

    6151.1 Exceptions to the Notification Requirements

    6151.2 Child Admitted to an Inpatient Mental Health Facility

    6151.3 Notification Requirements and Schedule

    6160 Caseworker's Duty to Report Abuse and Neglect in an Open Conservatorship (CVS) Case

    6161 Completing and Submitting the Monthly Required CVS Contact and the Monthly Evaluation/Assessment for Supervisory Approval

    6170 Actions Requiring Supervisor Approval

    6171 Actions Requiring Child Placement Management Staff Approval

    6180 Discharging Children from Substitute Care

    6181 Services Preceding Discharge

    6182 Services at Discharge from Substitute Care

    6200 Case Planning for Positive Permanency

    6210 Overview of Case Planning

    6211 Requirements to Produce a Case Plan

    6212 Permanency Planning

    6213 Concurrent Permanency Planning

    6220 Permanency Planning Process

    6221 The Permanency Plan

    6222 Reasonable Efforts

    6230 Factors to Consider When Planning for Permanency

    6231 Working with Family of Origin

    6232 Working Collaboratively

    6233 Selecting the Permanency Goal

    6234 Prioritizing Permanency Goals

    6234.1 Family Reunification

    6234.11 Exceptions to Planned Reunification

    6234.12 Priority of Family Reunification

    6234.13 Parent's Ability

    6234.14 Aggravated Circumstances or Criminal Convictions

    6234.15 Other Factors

    6234.16 Ruling Out Family Reunification

    6234.2 Adoption

    6234.21 Categories of Adoption

    6234.22 Selecting Adoption

    6234.23 Adoption vs. Conservatorship

    6234.24 Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance

    6234.3 Permanent Managing Conservatorship to a Relative or Suitable Individual

    6234.4 Another Planned Permanent Living Arrangement

    6234.41 Categories of Another Planned Permanent Living Arrangement (APPLA)

    6234.42 Selecting APPLA

    6234.43 Identifying Support of a Family or Other Caring Adult

    6234.44 Reassessing APPLA as the Permanency Goal

    6235 Documenting the Permanency Plan

    6236 Approving the Permanency Plan

    6236.1 Approving the Plan

    6236.2 Presenting the Permanency Plan to the Court

    6236.3 Changing or Revising the Permanency Plan

    6237 Permanency Planning for Children with Intellectual or Developmental Disabilities in Institutional Settings

    6237.1 Time Frames for Permanent Family Placements in Temporary Managing Conservatorship

    6240 Case Planning

    6241 The Child's Plan of Service (CPOS)

    6241.1 Basic Description and Content of the Child's Plan of Service

    6241.2 Child Plan of Service Types and Frequency of Reviews

    6241.21 Initial Child's Plan of Service

    6241.22 Review of Child's Plan of Service

    6241.23 Facility's Meetings to Plan Services

    6241.24 Adoption Plan

    6241.25 Person Characteristics in IMPACT

    6241.3 Participating in Development of the Child's Plan of Service

    6241.31 Documenting Participation in the Development of the Child's Plan of Service

    6241.32 Distributing the Approved Child's Plan of Service to Participants

    6241.4 Documenting and Approving the Child's Plan of Service

    6241.41 Changing or Revising the Permanency Goal

    6242 The Family Plan of Service (FPOS)

    6242.1 Family Plan of Service Types

    6242.11 Initial Family Plan of Service

    6242.12 Family Reunification Family Plan of Service

    6242.13 Family Reunification (FRE) Family Plan

    6242.2 The Family Plan of Service for Children Under Age Two

    6242.3 Requirement for a Family Plan of Service

    6242.31 Exceptions to Requirements for the Family Plan of Service

    6242.4 Developing the Family Plan of Service

    6242.41 Family Participation in Developing the Family Plan of Service

    6242.42 Refusal to Cooperate

    6242.5 Content of the Family Plan of Service

    6242.6 Documenting and Approving the Family Plan of Service

    6242.7 Reviewing the Family Plan of Service

    6242.8 Updating the Family Strengths and Needs Assessment (FSNA)

    6243 Services to Parents Who Live Outside of the Country

    6250 Permanency Planning Meetings (PPM)

    6251 Overview of Permanency Planning Meetings

    6251.1 When CPS Is the Temporary Managing Conservator

    6251.2 When CPS Is Permanent Managing Conservator

    6251.3 Written Notice of a Permanency Planning Meeting

    6251.4 Permanency Planning Meeting

    6251.5 Fifth-Month Permanency Planning Meeting

    6251.6 Issues to Address if DFPS Has PMC

    6252 Permanency Planning Meetings for Youth 14 and Older

    6252.1 Reviewing and Documenting a Youth's Plans for Transitioning to Successful Adulthood

    6260 Permanency Roundtables (PRT)

    6300 Services to Families

    6310 Services to the Child's Family When the Child Is in Substitute Care

    6311 Services to the Parent and Family

    6312 Contact with the Family

    6313 Participation of Parents’ Attorneys When a Child Is in Substitute Care

    6314 Services to Children and Parents across Regional Lines

    6314.1 Coordination Between Primary Caseworker and Courtesy Supervision Caseworker

    6314.11 Responsibilities of the Courtesy Caseworker

    6314.12 Responsibilities of the Primary Caseworker

    6320 Visits with the Family

    6321 Frequency of Contact

    6322 Preparing for the Visit

    6323 Conducting the Visit

    6324 Assessing the Visit

    6325 Documenting the Visit

    6326 Following Up on Identified Needs

    6330 The Family Strengths and Needs Assessment (FSNA)

    6340 Completing the Family Plan of Service

    6350 Contact with Special Populations

    6351 Incarcerated Parents

    6352 Military Families

    6360 When CPS Obtains Permanent Managing Conservatorship Without Termination of Parental Rights

    6361 Assessing Parental Involvement and Participation in Service Planning

    6362 Maintaining the Family Substitute Care Stage

    6363 Court's Authority to Order CPS to Provide Services

    6364 When to Complete a Family Plan of Service

    6365 Reassessing Inactive Parents and Parents Unable to Provide a Safe Home When Parental Rights Have Not Been Terminated

    6366 When Service Planning Has Been Discontinued or Resumed

    6370 When a Mother in an Open CVS Case is Pregnant

    6371 When the Baby is Born

    6371.1 Legal Intervention

    6380 Parental Child Safety Placements in CVS Cases

    6400 Services to Children in Substitute Care

    6410 Placement Supervision

    6411 Contact with the Child

    6411.1 Federal Requirements

    6411.2 Face-to-Face Visits

    6411.21 Frequency of Face-to-Face Visits

    6411.22 Conducting the Monthly Visit

    6411.23 Documenting the Monthly Visit

    6411.24 Following Up on Identified Needs

    6411.25 Alternate Caseworker

    6411.3 Contact with Children in IDD GRO, SSLC and ICF Facilities

    6411.31 Responsibilities of the Developmental Disability Specialist

    6411.32 Responsibilities of the Primary Conservatorship Caseworker When a Child Has an Intellectual or Developmental Disability

    6411.4 Children with Primary Medical Needs and Special Health Care Needs

    6411.5 Contacts with Out-of-State Placements

    6412 Services to Children and Caregivers across Regional Lines

    6412.1 Courtesy Supervision – Contact across Regional Lines

    6412.2 Local Permanency Supervision

    6412.21 Local Permanency Eligibility

    6412.22 Coordination between Local Permanency and Primary Caseworker

    6412.23 Responsibilities of the Local Permanency Specialist

    6412.24 Responsibilities of the Primary Caseworker When a Local Permanency Specialist Is Assigned to a Child

    6412.25 Transition from a Local Permanency Specialist to a Courtesy Caseworker When the Out-of-Region Placement Is Identified as the Adoptive Home

    6412.26 Local Permanency Waiver

    6415 The Right to Regular Contact

    6415.1 Ending Contact if the Child Is at Risk

    6416 Visitation between Families and Children in Substitute Care

    6416.1 Sibling Visitation

    6417 Supervising a Child Placed in Texas From Another State

    6418 The Supervision Services Expected From Another State

    6419 Working with Children Who Are Sexually Aggressive, Have Sexual Behavior Problems, or Are Victims of Sexual Abuse

    6420 Rights of Children and Youth in Foster Care

    6421 Texas Foster Care Handbook

    6422 Discipline

    6422.1 Corporal Punishment is Not Permitted

    6422.2 Addressing Behavior Management and Discipline Issues

    6423 Respect for Religious Practices

    6430 Initial Assessment Services

    6431 Child and Adolescent Needs and Strengths (CANS) Assessment and Family Strengths and Needs Assessment (FSNA)

    6431.1 Timeline for CANS and FSNA

    6431.11 Placement Changes within the First 30 Days

    6431.2 Use of the CANS Assessment for Service Planning

    6431.3 The STAR Health Service Plan

    6431.4 Annual Updates to the CANS

    6431.5 Court Order to Obtain a CANS Assessment

    6431.6 Inpatient Hospitalization and the CANS

    6432 Assess for Developmental or Intellectual Disability

    6432.1 Medicaid Long-Term Care Interest Lists and Determination of Intellectual Disability

    6440 When a Youth in Substitute Care is Pregnant or Parenting

    6441 When a Youth in Substitute Care is Pregnant

    6442 When a Youth in Substitute Care is Parenting

    6442.1 When DFPS Has Conservatorship of the Youth’s Child

    6442.2 When DFPS Does Not Have Conservatorship of the Youth’s Child

    6442.3 When the Youth’s Child Leaves Paid Foster Care – Closing Stages in IMPACT

    6442.4 When the Youth Parent Is on Runaway Status

    6450 Additional Services

    6451 Hunting

    6452 Personal Documents Provided to Youth

    6452.1 Personal Documents Provided to Youth Before Age 16

    6452.2 Personal Documents Provided to Youth Before Age 18

    6452.3 Documentation Requirements for Personal Documents

    6453 Consumer Credit Reports

    6453.1 Credit Reports for Youth 14 Through 17

    6453.2 Credit Reports for Young Adults in Extended Foster Care

    6454 Driver License and State Identification (ID) Card

    6454.1 Driver License

    6454.11 Driver License Assessment

    6454.12 Driver License Approval Process

    6454.13 Insurance Coverage

    6454.14 Reassessing a Youth before or after Receipt of a Driver License

    6454.15 Eligible Youth Applying for a Driver License

    6454.16 Affidavit Requirements for a Driver License

    6454.17 Documenting the Verification for a Driver License or State ID Fee Waiver for a Foster Care Residency Youth or Young Adult

    6454.18 Address Changes for a Driver License

    6454.19 Canceling or Withdrawing a Driver License

    6454.2 State Identification (ID) Card

    6454.21 Affidavit Requirements

    6455 Youth Enlisting in the Military

    6456 Marriage of Youth in Conservatorship

    6460 When a Child or Youth is Missing from CPS Conservatorship

    6461 Child or Youth Missing from Substitute Care Placement

    6461.1 Notification Requirements When a Child Runs Away or is Missing

    6461.2 Other Initial Actions

    6461.3 Ongoing Efforts to Recover

    6461.31 Documentation and Review

    6461.4 When a Child Who Is Missing Is Recovered

    6461.5 Caseworker Actions When a Missing Child Returns to Care

    6461.51 Documentation and Review

    6462 Confirmed or Suspected Victims of Human Trafficking

    6470 When a Child Travels

    6471 Approvals Required for Travel

    6471.1 In-State Travel Approval

    6471.2 Out-of-State Travel Approval

    6472 Transporting a Child by Vehicle

    6473 Transporting a Child by Airplane

    6474 When a Child Travels Outside of the U.S.

    6474.1 Requesting Court Approval

    6480 Email, Internet, and Social Media Use by Children and Youth in Foster Care

    6481 Online Privacy Expectations of Children and Youth in Foster Care

    6490 If a Child Dies While in Substitute Care

    6491 Immediate Notification Requirements When a Child Dies

    6492 Making Funeral Arrangements

    6492.1 Inquire About Children's Funds

    6492.2 Involve Biological Parents

    6492.3 Involve Foster Parents and Other Significant Individuals

    6492.4 Involve Community Partners

    6492.5 Access CPS Funding

    6500 Family Reunification

    6510 Completing a Reunification Assessment Tool

    6520 Starting the Reunification Process

    6521 Reunification Staffing

    6530 Returning a Child

    6531 Providing Services and Ensuring Child Safety after a Child Returns Home

    6540 Maintaining Contact with the Family When a Child Is Returned Home

    6541 Initial Visit

    6550 Conducting Follow-up Visits with the Family When a Child Is Returned Home

    6551 Preparing for the Visit

    6552 Conducting the Visit

    6552.1 During the Visit

    6553 Assessing the Visit

    6554 Following Up

    6560 Completing a Risk Reassessment Tool

    6570 Closing a Case with a Child in a Parent’s Home

    6571 Tasks Required before Dismissal

    6572 Tasks Required before Closure

    6573 Approval for Case Closure

    6600 Case Planning with Relatives and Other Kinship Caregivers

    6610 Identifying a Potential Relative Placement Before the Adversary Hearing

    6611 Referring a Relative Who Is Interested in Caregiving

    6612 Conducting Background Checks

    6612.1 Conducting and Evaluating DFPS History Checks

    6612.11 If No DFPS History Is Found

    6612.12 If DFPS History Is Found

    6612.13 If the Finding Is Overturned

    6612.14 If the Finding Is Not Overturned

    6612.15 Exceptions

    6612.16 Warning the Potential Caregiver

    6613 Conducting a Criminal History Check

    6613.1 Determining the Consequences of a Criminal History

    6612.2 Considering the Totality of the Circumstances

    6614 If More Than One Potential Kinship Caregiver Is Under Consideration

    6614.1 Determining Whether to Proceed with Kinship Caregiver Home Assessment

    6614.2 Informing Potential Kinship Caregivers of Potential Consequences of Criminal History

    6615 If a Potential Kinship Caregiver Is Denied Further Consideration

    6620 Contacting and Placing with a Potential Caregiver After the Removal

    6621 Placing with a Relative after the Adversary Hearing

    6622 Presenting a Preliminary Written Assessment

    6623 Completing a Risk Assessment, and a Written Home Assessment of the Kinship Caregiver

    6623.1 The Risk Assessment

    6623.2 The Written Home Assessment

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

    6624.1 Appeal Process for Denied Home Assessment

    6624. 11 Notifying the Kinship Caregiver of the Appeal Process

    6624.12 Conducting the Appeal

    6624. 13 Notifying the Kinship Caregiver of the Appeal Determination

    6624. 14 Case Documentation

    6625 Requirements for a Kinship Safety Evaluation (KSE)

    6630 Requesting Special Court Action for Placement with Fictive Kin

    6631 Obtaining Court Approval for a Kinship Caregiver with Criminal or CPS History

    6631.1 If a Court-Ordered Placement Occurs Before a Negative Assessment

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

    6632 Referring Across Regional Lines for Kinship Home Assessments and Services

    6633 Conducting a Pre-Placement Visit and Placing a Child with a Kinship Caregiver

    6634 Critical 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 Kinship Caregiver Manual

    6634.4 Kinship Caregiver Agreement

    6640 The Kinship Development Caseworker

    6641 Duties of the Kinship Development Worker

    6642 Services and Initial Contact with the Kinship Caregiver

    6643 Expectations for Face-to-Face Contact with the Kinship Caregiver

    6643.1 Frequency

    6643.2 Where Visits Must Occur

    6643.3 Ending Visits

    6644 Preparing for the Visits

    6645 Conducting the Kinship Caregiver Visit

    6646 Actions after each Kinship Caregiver Visit

    6650 Financial Assistance Available to a Kinship Caregiver

    6651 Explaining the Federal Financial Assistance Available to a Kinship Caregiver

    6651.1 When the Caregiver Is Related to the Child

    6651.2 When the Caregiver Is the Child's Grandparent

    6652 Explaining the DFPS Financial Assistance Available to a Kinship Caregiver

    6652.1 Day Care

    6652.2 DFPS Relative and Other Designated Caregiver Program

    6652.3 Kinship Reimbursement Payment

    6652.31 Eligibility Criteria

    6652.32 Documenting in IMPACT

    6652.4 Post-Permanent Managing Conservatorship Annual Reimbursement Payment

    6652.41 Eligibility Criteria

    6652.42 Required Documentation

    6660 Kinship Caregivers Interested in Becoming Verified as Foster Parents

    6661 Assisting a Kinship Caregiver Seeking Verification as a Foster Parent

    6661.1 The Kinship Development Caseworker’s Role during Verification

    6661.2 Explaining Eligibility for Services

    6661.3 Documenting a Caregiver’s Disinterest in Verification

    6661.4 Addressing Finances

    6661.5 Addressing Child Care

    6662 When a Kinship Caregiver Is Verified as a Foster Parent

    6662.1 Explaining the Permanency Goal

    6662.2 Providing Forms 2646 and 2085kf

    6662.3 Recording the Foster Placement in IMPACT

    6662.4 Completing Paperwork

    6662.5 Closing the Kinship Stage in IMPACT

    6670 Closing a Kinship Stage

    6680 Permanency Care Assistance (PCA)

    6681 Overview of Permanency Care Assistance

    6681.1 Caregiver Requirements

    6681.2 Caregiver Ineligibility for Permanency Care Assistance

    6681.3 Child Eligibility for Permanency Care Assistance

    6681.4 Meeting the Conditions to Verify Eligibility for Permanency Care Assistance

    6682 Adding Permanency Care Assistance to the Child's Plan of Service

    6683 Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance

    6683.1 Approving the Plan

    6684 Discussing the Intent to Pursue Permanency Care Assistance

    6685 Applying for Permanency Care Assistance

    6685.1 Completing a Permanency Care Assistance (PCA) Application

    6685.11 When the Caregiver Is Verified by a Private Child-Placing Agency and Is Applying for Permanency Care Assistance

    6685.2 Timeframe for Applying

    6685.3 Reviewing the Application and Permanency Care Assistance Packet

    6685.4 Negotiating the Monthly Payment

    6685.41 Submitting the Permanent Managing Conservatorship Order

    6685.42 Receiving the First Payment

    6685.5 Signing the PCA Agreement Before Conservatorship is Granted: Court Time Frames and Processes

    6686 Granting Assistance to the Sibling of a Child Who Receives PCA

    6700 International and Immigration Issues

    6710 Services to Children and Families Who Are Not U.S. Citizens

    6711 Immigration Opportunities for Foster Children

    6712 Impact of Citizenship and Immigration Status on Permanency

    6713 Caseworker Responsibility for Citizenship and Immigration

    6714 Contacts With the Immigration Authorities

    6715 Working With the Foreign Consulate

    6715.1 Giving Notice to a Foreign Consulate

    6716 Transporting Undocumented Persons

    6720 Staff Travel Outside of the United States

    6730 Placements in a Foreign Country

    6731 Home Studies in Foreign Countries

    6732 Procedure for International Placement

    6733 U Visa Certification Requests

    6740 Temporary CPS Custody Resulting from a Foreign Custody Order or a Hague Abduction Suit

    6800 Special Circumstances

    6810 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance

    6811 Discussing the Option of Joint Temporary Managing Conservatorship

    6811.1 Determination of Joint Temporary Managing Conservatorship

    6811.2 Documenting the Discussion

    6820 CPS Youth and Municipal or County Courts and the Juvenile and Criminal Justice Systems

    6821 CPS Youth with Tickets and Fines Involving Municipal or County Courts

    6822 CPS Youth and Juvenile Justice

    6822.1 Detention Before an Adjudication (Court Decision) Hearing

    6822.11 Documenting Living Arrangement in IMPACT

    6822.12 Legal Status and Legal Action in IMPACT

    6822.13 Providing Medical Care

    6822.2 Adjudication Hearing

    6822.3 When a Youth Is in Juvenile Probation Department (JPD) Custody or on JPD Probation

    6822.31 Medical Care for a Youth in JPD Custody or on JPD Probation

    6822.32 Serving as Medical Consenter

    6822.4 Coordinated Service Planning

    6822.41 Contact Information

    6822.42 CPS and JPD Casework

    6822.43 Juvenile Record Requests with JPDs

    6822.5 Court Hearings

    6822.51 Permanency Hearings

    6822.6 Addressing Other Juvenile Probation-Related Issues

    6823 When a Youth Is in Texas Juvenile Justice Department (TJJD) Custody in a Secure Facility or on TJJD Parole

    6823.1 General Procedures When Youth Are Committed to the TJJD Secure Facility Program

    6823.2 Medical Care for a Youth in TJJD Custody or on TJJD Parole

    6823.3 Coordinated Service Planning

    6823.31 Contact Information

    6823.32 CPS and TJJD Casework

    6823.33 Juvenile Record Requests with TJJD

    6823.4 Permanency Hearings

    6823.41 Attendance at Permanency Hearings

    6823.5 Addressing Other TJJD-Related Issues

    6824 CPS Youth and Young Adults and the Adult Criminal Justice System

    6825 Sealing Juvenile Records for Minor Offenses

    6826 Sealed Juvenile Records

    6900 Adoption Preparation and Support Services

    6910 Criteria and Types of Service

    6911 Criteria for Providing Adoption Services

    6912 Types of Service

    6920 Planning for a Child's Adoption

    6921 Completing the Health, Social, Educational, and Genetic History (HSEGH) Report

    6922 Completing the Adoption Readiness Summary (ARS)

    6923 Assessing the Child's Readiness

    6923.1 Reviewing the Case-Record and Conducting Interviews

    6923.2 Objectives

    6924 Preparing the Child

    6924.1 Purposes

    6924.2 Preparation

    6924.3 Documentation

    6925 Professional Assessments

    6926 Preparing the Child's Records for Presentation to Prospective Adoptive Parents

    6930 Selecting an Adoptive Family

    6931 Issues to Consider When Selecting an Adoptive Home

    6931.1 The Child's Best Interest

    6931.2 Selecting an Adoptive Home

    6931.3 Race, Color, and National Origin

    6931.4 Specific Issues to Consider When Selecting an Adoptive Home

    6931.41 Continued Contact with Foster Parents

    6931.42 Placement with Siblings

    6931.43 Child’s or Youth's Adoptive Home Preference

    6931.44 Adoptive Family's Awareness

    6931.45 Other Issues to Consider When Selecting an Adoptive Home

    6932 Challenges of a Termination Order by Certain Relatives: 90-Day Period Following Termination

    6932.1 Adoption Activities

    6932.2 Assessing the Relative's Family After Termination of Parental Rights

    6933 Adoption by Foster Parents

    6934 Adoptive Homes Located by Private Child-Placing Agencies

    6935 Adoptive Homes in Other States

    6936 Considering the Need for an Adoption Subsidy

    6937 Adoption by Military Families Both In the United States and Outside the United States

    6938 Legal Risk Adoptive Homes

    6938.1 Requirements for Parents

    6938.2 Requirements for Children

    6938.3 Requirements for the Match

    6939 Presentation Staffing

    6939.1 Conducting Separate Meetings to Discuss the Child and the Potential Adoptive Families

    6939.2 Confidentiality

    6939.3 Meeting to Discuss the Child

    6939.4 Meeting to Discuss the Potential Adoptive Families

    6939.5 Confirming Approval of a Prospective Adoptive Family

    6939.6 When No Prospective Adoptive Family Is Available

    6940 Presenting and Placing the Child for Adoption

    6941 Presenting Information About the Child

    6941.1 Sharing the HSEGH Report with the Prospective Adoptive Family, Child-Placing Agency, Single Source Continuum Contractor, or Other Person Placing a Child for Adoption

    6941.2 Documenting That Prospective Adoptive Parents Have Received the HSEGH Report

    6941.3 Sharing Other CPS Records With the Prospective Adoptive Parents

    6941.4 Providing Adoptive Parents with Access to Research

    6941.5 Refusal to Review the Child's Records

    6942 Deciding Not to Proceed with a Placement

    6943 Preparing the Family and the Child for the Placement

    6944 Completing the Placement

    6944.1 Providing Continuing Access to the Child's Records

    6944.2 Providing Written Consent to Secure Medical Services for the Child

    6944.3 Providing Information about Using the Child’s New Adoptive Name and Its Possible Impact on Medicaid

    6944.31 If the Child Is Not Receiving Social Security Benefits

    6944.32 If the Child Is Receiving Social Security Benefits

    6944.4 Informing the Adoptive Family of the Availability of Continuing Services

    6944.5 Providing the Child's Personal Documents

    6944.6 Discussing the Adoptive Placement Agreement

    6944.61 Completing the Placement Summary

    6944.7 Arranging to Forward the Child's Income and Reports

    6944.8 Updating Records

    6944.9 Receiving Documents Back from a Canceled Placement

    6945 Making Adoptive Placements in Other Regions and With Private Agency Adoptive Homes

    6945.1 When CPS Places a Child Outside the Region

    6945.2 Documenting Contacts in IMPACT

    6945.3 Closing Adoption Cases That Cross Regional Lines

    6946 Making Placements in Other States

    6947 Making Placements in Other Countries

    6950 Supporting and Consummating the Adoption

    6951 Supporting the Adoptive Placement

    6951.1 Developing an Adoption Services Plan

    6951.11 Objectives of an Adoption Services Plan

    6951.12 Establishing the Adoption Services Plan

    6952 Resolving Problems in an Adoptive Placement

    6953 Contact with the Child and Adoptive Family

    6953.1 Conducting Visits With the Child and Adoptive Family

    6953.11 Preparing for the Visit

    6953.12 Conducting the Visit

    6953.13 Assessing the Visit

    6953.14 Documenting the Visit

    6953.15 Following Up

    6954 Consummating the Adoption

    6954.1 Time Frames for Consummating the Adoption

    6954.2 CPS Caseworker Tasks after the Adoption Petition Is Filed

    6954.21 Preparing a Social Study

    6954.22 Filing the Health, Social, Education, and Genetic History (HSEGH) Report

    6954.23 Securing the Court's Consent to the Adoption

    6954.24 Providing the Child's History to the Adoptive Parents

    6954.25 Providing Documents to the Family's Attorney

    6954.26 Providing Advice on Obtaining Postadoption Services

    6954.27 Documenting the Adoption Decree and Other Actions

    6954.28 Transferring a Legal Case between Jurisdictions for Adoption

    6954.3 Additional Tasks Related to Adoption

    6954.31 Providing Advice on Applying for a New Social Security Number or Card

    6954.32 Transferring Income, Benefits, and Assets

    6954.33 Providing Additional Medical, Psychological, or Psychiatric Information to the Adoptive Family

    6954.34 Releasing the Health, Social, Educational, and Genetic History (HSEGH) Report and Adoption Readiness Summary (ARS) to Other People on Request

    6954.4 Adoption Assistance When DFPS Is Not Consenting to the Adoption

    6954.5 Termination of DFPS's Managing Conservatorship

    6954.6 Adoption Reporting Requirements

    6960 Postadoption Services

    6961 Postadoption Substitute Care Services

    6961.1 Circumstances Requiring Postadoption Substitute Care Services

    6961.2 Procedures for Obtaining Postadoption Substitute Care Services

    6961.3 How Postadoption Substitute Care Services Affect the Permanency Plan

    6961.4 Postadoption Substitute Care IMPACT Procedures

    6961.5 Legal Documentation of Postadoption Substitute Care

    6961.6 Transitioning from Postadoption Services to Postadoption Substitute Care Services

    6961.7 Adoption Subsidy Assistance

    6970 Subsequent Placements in the Same Home

    6980 Texas Adoption Resource Exchange (TARE)

    6981 Community Agencies That Support Child-Specific Recruitment

    6982 TARE Adoption Recruitment Efforts

    6982.1 Pre-TARE Regional Recruitment Efforts

    6982.11 Pre-Recruitment Discussion With the Current Foster Parents

    6982.12 Regional Recruitment Efforts

    6982.2 National Recruitment Efforts

    6983 Time Frames for Registering Children on TARE

    6984 Court Orders Related to Adoption Recruitment

    6984.1 Court-Ordered Recruitment for a Legal Risk Placement

    6984.2 Court Orders to Cease or Suspend Recruitment Efforts

    6984.3 Court Orders for Placement Only in Texas

    6984.4 Challenge of Termination of Parental Rights (TPR)

    6985 Maintaining TARE Registrations

    6985.1 Child's Caseworker Responsibilities

    6985.2 Discontinuing TARE Registrations

    6986 TARE Inquiries

    6986.1 Families That Inquire Outside of the TARE System

    6986.2 Inquiry Status in TARE System

  • Section 7000: Foster and Adoptive Home Development

    7000 Foster and Adoptive Home Development

    7100 Inquiries and Initial Applications

    7110 Responding to Inquiries From Potential Foster Care or Adoptive Parents

    7120 Information Meetings

    7121 Previously Verified or Approved Applicants

    7122 Topics of Information Meetings

    7123 Distributing and Assisting with Applications

    7124 Processing the Application Packet Submitted by Prospective Foster or Adoptive Parents

    7200 Screening Applicants for Foster Care and Adoption

    7210 Reasons for Screening Applicants for Foster Care and Adoption

    7220 Screening Requirements for Prospective Foster and Adoptive Parents

    7221 Household Members

    7222 Age and Finances

    7223 Relationship Status

    7223.1 Relationship Status of Prospective Foster Parents

    7223.2 Relationship Status of Prospective Adoptive Parents

    7223.21 The Divorce Requirement for Adoptive Parents

    7223.22 Requesting a Waiver of the Divorce Requirement for Adoptive Parents

    7223.3 Single Applicants as Prospective Foster or Adoptive Parents

    7224 Physical and Mental Health

    7225 Criminal History

    7226 Citizenship

    7226.1 The Citizenship Requirement for Foster Parents

    7226.2 The Citizenship Requirement for Adoptive Parents

    7226.3 Verifying a Prospective Parent's Citizenship or Immigration Status

    7226.4 Requesting a Citizenship Waiver for Adoptive Parents

    7227 Fertility

    7228 Physical Discipline

    7229 Religion

    7300 Training Foster and Adoptive Applicants

    7310 Pre-Service Training of Foster and Adoptive Homes

    7311 Pre-Service Training Sessions

    7312 If Prospective Parents Complete Training and Then Withdraw

    7313 If Prospective Parents Complete Training, Are Approved, and Then Withdraw

    7314 Exception to the Requirement That Prospective Foster Parents Attend Pre-Service Training

    7320 Training in CPR and First Aid

    7330 Training in Recognizing and Reporting Sexual Abuse

    7400 Checking Criminal Records and Abuse and Neglect History

    7410 Determine Need for Background Check

    7411 General Requirements for Background Checks

    7411.1 Required Background Check Tables

    7412 Background Check Statement Form 4054

    7413 Out-of-State and Out-of-Country Abuse or Neglect History Checks

    7420 Submitting Checks

    7421 Ensuring Checks Are Submitted Timely

    7421.1 Time Frames for Initial Checks

    7421.2 Relying on a Previously Conducted Fingerprint Check for an Initial Check

    7421.3 Time Frames for Recurring Checks

    7421.4 Time Frames for Checks Required Before Consummating an Adoption

    7430 Requesting Information from Law Enforcement

    7431 Service Call Information from Law Enforcement

    7440 Evaluating Background Check Results and Service Call Information

    7441 Evaluating Criminal History Results

    7442 Evaluating DFPS and Out of State Abuse or Neglect History Results

    7443 New Background Check Results on a Verified or Approved Home

    7450 Risk Evaluations

    7451 Contact With Children During Risk Evaluations

    7452 When a Risk Evaluation is Not Required

    7460 Information Related to Specific Types of Checks

    7461 Rejected Fingerprints

    7462 Incorrect Criminal History Information

    7462.1 Texas Department of Public Safety

    7462.2 Federal Bureau of Investigation (FBI)

    7500 Home and Family Assessment

    7510 If an Application to Become a Foster or Adoptive Parent Is Denied

    7511 Documentation for Verifying and Approving Homes

    7511.1 Documents Required Before Verifying or Approving Any Prospective Parent

    7511.2 Documents Required Before Verifying Prospective Foster Parents or Approving Prospective Foster and Adoptive Parents

    7511.3 Documents Required Before Approving Prospective Adoptive Parents

    7512 Home Screenings

    7512.1 Home Screening Interviews

    7512.11 Obtaining References During Home Screenings

    7512.2 Updating the Home Screenings

    7512.21 Updating Foster Home Screenings

    7512.22 Updating Adoptive Home Screenings

    7512.3 Documenting Home Screenings

    7512.4 Waivers and Variances

    7512.41 Requesting a Waiver or Variance

    7513 Inspections

    7513.1 Foster Home Inspections

    7513.2 Adoptive Home Inspections

    7514 Special Considerations Regarding Foster Parents

    7514.1 Verifying Temporary Assistance for Needy Families or Supplemental Nutrition Assistance Program Recipients as Foster Parents

    7515 Foster Home Verification

    7520 Annual Training Requirements for Foster Parents and Child Placement Staff

    7521 Annual Training Requirements for Foster Parents

    7522 Annual Training Requirements for Child Placement Staff

    7600 Developing Foster and Adoptive Homes

    7610 Foster Home Development

    7611 Rights and Responsibilities of Foster Parents

    7612 Supervisory Visits

    7612.1 Supervisory Visits: Unannounced Home Visits

    7612.2 Supervisory Visits: Normalcy

    7613 Foster Family Quarterly Assessment

    7613.1 Time Frames for Documenting the Quarterly Assessment

    7620 Evaluating Foster Home Compliance with Minimum Standards for Child-Placing Agencies

    7621 Evaluating Foster Home Compliance

    7621.1 When to Evaluate a Foster Home

    7621.2 Conducting Foster Home Evaluations

    7621.3 Documenting Foster Home Evaluations

    7621.4 Plans for Achieving Compliance and Follow-Up

    7621.5 Supervisor Approval

    7622 Updating a Foster Home's Verification Certificate

    7623 Inactive Foster Homes

    7623.1 Documenting an Inactive Foster Home

    7623.2 Contact With an Inactive Foster Home

    7623.21 Training Requirements for an Inactive Foster Home

    7623.22 Background Checks for Inactive Status Foster Homes

    7624 If Foster Families Move

    7624.1 If Foster Families Move Out of Region

    7624.2 If Foster Families Move Out-of-State

    7625 Temporary Verifications

    7626 Developmental Plans and Documenting Failure to Comply With Minimum Standards

    7626.1 Development Plans

    7626.2 Failure to Comply With Minimum Standards

    7626.21 Failure to Comply With a Minimum Standard or Other Licensing Rule

    7626.22 Corrective Action Plans

    7626.23 Serious Incidents

    7626.3 Closing a Foster Home

    7626.4 Foster Families that Adopt

    7626.5 Supervising Children Receiving Treatment Services

    7630 Developing and Supervising the Adoptive Home

    7631 Supervising the Adoptive Home

    7632 Homes for Legal Risk Placements

    7633 Inactive Adoptive Homes

    7633.1 Contact With an Inactive Adoptive Home

    7634 Closing an Adoptive Home

    7640 DFPS Policies That Exceed Minimum Standards

    7641 Water Safety and Swimming Activities

    7641.1 Water Policy Requirements for Foster, Adopt, and Foster-Adopt Homes

    7642 Disaster Planning and Procedures for Foster and Adoptive Home Development (FAD) Placements

    7642.1 Disaster Plan Practice

    7642.2 Documenting Disaster Plans for Foster and Adoptive Homes

    7642.3 Disaster Procedures for FAD Workers

    7643 Soliciting Funds

    7644 Weapons, Firearms, Explosive Materials, and Projectiles

    7700 Investigations in Foster Family and Adoptive Homes

    7710 Abuse and Neglect

    7711 Allegations and Incidents That Licensing Must Investigate

    7720 Minimum Standards Violations

    7730 Safety Plans

    7740 Administrative Review

    7741 Peer Review Appeal Process for DFPS Verified Foster Parents

    7800 Special Considerations

    7810 Avoiding a Conflict of Interest When DFPS Employees Apply to Foster or Adopt

    7811 Restrictions on FAD Verifying or Approving DFPS Employees and Others with Close Ties to DFPS

    7811.1 Requesting an Exception to the Policy Requirements for Fostering or Adopting a Child in DFPS Conservatorship by a DFPS Employee

    7900 Alternate Caregiving for Foster Children

    7910 Background Check Requirements for Babysitters and Intermittent Alternate Care Providers

    7911 Notice of Any Associated Child Sexual Aggression, Behaviors, or Victimization to an Alternate Caregiver or Temporary Placement

    7920 Babysitting and Overnight Care

    7921 Restrictions on DFPS Employees

    7922 Relatives

    7923 Approving and Documenting Babysitters

    7923.1 Approving and Documenting Adult Babysitters

    7923.2 Approving and Documenting Minor Babysitters

    7924 Approving Alternate Care Plans

    7925 Documenting Care Instructions

    7926 Notifying DFPS of Alternate Care Services

    7930 Intermittent Alternate Care (IAC) and DFPS Verified Foster Homes

    7931 Verified FAD Homes Providing Intermittent Alternate Care (IAC)

    7932 Service Limitation of Verified IAC Providers

    7933 Intermittent Alternate Care (IAC) Providers

    7933.1 Non-Verified Intermittent Alternate Care (IAC) Providers

    7934 Contracting for Intermittent Alternate Care (IAC) Services

    7935 Arranging Intermittent Alternate Care (IAC) Services

    7935.1 Requiring Prior Service Authorization to Ensure Payment of IAC Services

    7935.2 Procedures for Arranging Intermittent Alternate Care (IAC)

    7936 Processing the Billing for Intermittent Alternate Care (IAC) Services

    7936.1 Canceling Intermittent Alternate Care

    7936.2 Requesting Additional Units of Intermittent Alternate Care Service

  • Section 8000: Purchased Child Protective Services

    8000 Purchased Child Protective Services

    8100 General Information

    8110 Definitions

    8120 Types of Purchased Services

    8121 Direct Services

    8121.1 Direct Services for Active Cases (Standard and ICPC)

    8121.2 Post Adoptive Cases (Consummated Adoptions)

    8122 Support Services

    8123 State Office (Statewide) Contracts

    8130 Policy Waivers or New Service Requests

    8131 New Service Requests

    8132 Policy Waiver Requests

    8140 Consultant Contracts

    8150 State Office and Regional Responsibilities

    8151 State Office Responsibilities

    8152 Regional Responsibilities

    8160 Authorizing, Extending, or Terminating Services

    8161 Direct Services – Authorizing, Extending, or Terminating

    8161.1 Active Cases – Authorizing, Extending, or Terminating Direct Services

    8161.11 Considering Priority Funding

    8161.12 Authorizing Service

    8161.13 Establishing End Dates

    8161.14 Adding, Extending, or Reauthorizing Service

    8161.15 Terminating Service

    8161.2 Post-Adoptive Services (Consummated Adoptions)

    8162 Support Services – Authorizing, Extending, or Terminating

    8162.1 Authorizing Services

    8162.11 Client Specific

    8162.12 Non-Client Specific

    8162.2 Terminating Service

    8163 State Office Contracts – Adding, Extending, or Terminating

    8163.1 Authorizing Contract Services

    8163.2 Contract Services – Adding, Extending, Reauthorizing, or Terminating

    8164 Manual Authorization – Submitting a Paper Form

    8165 Interregional Service – Authorization

    8170 Missed Appointments

    8200 Direct Services for Active Cases

    8210 Assessment Service

    8220 Purchased Family-Based Safety Services (FBSS)

    8221 Determining Eligibility

    8222 Identifying Available Services

    8223 Referring Clients for Family-Based Safety Services

    8224 Using IMPACT for Completing Service Authorizations

    8225 Handling Liaison Duties

    8226 Starting New Investigations of Open Cases

    8227 Handling Returned Open Cases

    8228 Adding, Changing, or Terminating

    8230 Services for Caregivers (p.8)

    8231 Homemaker Services

    8231.1 Protective Homemaker Services

    8231.11 Determining Eligibility

    8231.12 Identifying Available Services

    8231.13 Referring Clients

    8231.14 Using IMPACT

    8231.15 Handling Additional Duties

    8231.16 Terminating Services

    8231.2 Emergency Homemaker Services

    8231.21 Determining Eligibility

    8231.22 Identifying Available Services

    8231.23 Referring Clients

    8231.24 Using IMPACT

    8231.25 Handling Additional Duties

    8231.26 Terminating Services

    8232 Parent and Caregiver Training

    8232.1 Basic Training – Parents and Caregivers

    8232.11 Determining Eligibility

    8232.12 Identifying Available Services

    8232.13 Referring Clients

    8232.14 Using IMPACT

    8232.15 Handling Additional Duties

    8232.16 Terminating Services

    8232.2 Special Needs Training for Parents and Caregivers

    8232.21 Determining Eligibility

    8232.22 Identifying Available Services

    8232.23 Referring Clients

    8232.24 Using IMPACT

    8232.25 Handling Additional Duties

    8232.26 Terminating Services

    8233 Concrete Services

    8233.1 Determining Eligibility

    8233.2 Identifying Available Services

    8233.3 Referring Clients

    8233.4 Using IMPACT

    8233.41 When IMPACT is Unavailable

    8233.5 Handling Additional Duties

    8233.6 Terminating Services

    8234 Hospital Sitting Services

    8234.1 Authorizing Service

    8234.2 Determining Eligibility

    8234.3 Identifying Available Services

    8234.4 Referring Clients

    8234.5 Using IMPACT

    8234.51 When IMPACT is Unavailable

    8234.6 Handling Additional Duties

    8234.7 Terminating Services

    8235 Child Day Care Services

    8235.1 Funding Availability for Child Day Care Services

    8235.2 Authorizing, Adding, Extending, Reauthorizing, Terminating, or Changing Services

    8235.21 Caseworker Responsibilities

    8235.22 When a Child Care Provider's Licensing Status Changes

    8235.3 General Protective Child Day Care

    8235.31 Determining Eligibility for General Protective Day Care

    8235.32 Types of Centers That May Be Used for General Protective Day Care

    8235.33 Resolving Issues of Space

    8235.34 Authorizing, Reauthorizing, and Terminating Services

    8235.4 Foster Child Day Care

    8235.41 Determining Eligibility for Foster Day Care

    8235.42 Types of Day Care Centers That May Be Used for Foster Day Care

    8235.43 Resolving Issues of Space

    8235.44 Authorizing, Reauthorizing, and Terminating Services

    8235.5 Kinship Child Day Care

    8235.51 Determining Eligibility for Kinship Day Care

    8235.52 Types of Centers That May Be Used for Kinship Day Care

    8235.53 Resolving Issues of Space

    8235.54 Initiating, Authorizing, Reauthorizing, and Terminating Services

    8235.6 Regional Day Care Coordinator Responsibilities

    8235.61 Handling Program-Related Duties

    8236 Supervised Visitation Services

    8236.1 Determining Eligibility

    8236.2 Contracted Supervised Visitation

    8236.3 Referring Clients

    8236.4 Using IMPACT

    8236.5 Handling Additional Duties

    8236.6 Adding, Extending, Reauthorizing, or Terminating Services

    8240 Evaluation, Treatment, and Substance Abuse Services

    8241 Definitions

    8242 Evaluation

    8242.1 Psychosocial Assessment

    8242.11 Determining Eligibility for Psychosocial Assessment

    8242.12 Identifying Available Services for Psychosocial Assessment

    8242.13 Referring Clients for Psychosocial Assessment

    8242.14 Using IMPACT to Authorize Psychosocial Assessment

    8242.15 Adding, Extending, and Reauthorizing Psychosocial Assessment Services

    8242.16 Terminating Service for Psychosocial Assessment

    8242.2 Psychological Testing

    8242.21 Determining Eligibility for Psychological Testing

    8242.22 Identifying Available Services for Psychological Testing

    8242.23 Referring Clients for Psychological Testing

    8242.24 Using IMPACT to Authorize Psychological Testing

    8242.25 Adding, Extending, and Reauthorizing Services for Psychological Testing

    8242.26 Terminating Service for Psychological Testing

    8242.3 Psychiatric Evaluation

    8242.31 Determining Eligibility for Psychiatric Evaluation

    8242.32 Identifying Available Services for Psychiatric Evaluation

    8242.33 Referring Clients for Psychiatric Evaluation

    8242.34 Using IMPACT to Authorize a Psychiatric Evaluation

    8242.35 Adding, Extending, and Reauthorizing Services for Psychiatric Evaluation

    8242.36 Terminating Service for Psychiatric Evaluation

    8243 Treatment

    8243.1 Counseling — Individual, Family, and Group

    8243.11 Determining Eligibility

    8243.12 Identifying Available Services

    8243.13 Referring Clients

    8243.14 Using IMPACT

    8243.15 When IMPACT is Unavailable

    8243.16 Handling Additional Duties

    8243.17 Adding, Changing, or Terminating Service

    8243.2 Programs for Children with Developmental Delays

    8243.21 Determining Eligibility

    8243.22 Identifying Available Services

    8243.23 Referring Clients

    8243.24 Using IMPACT

    8243.25 Handling Additional Duties

    8243.26 Terminating Service

    8250 Court-Related Services – Preparing for Judicial Determination

    8251 Definitions

    8252 Requesting Court-Related Services

    8253 Obtaining Court-Related Services

    8254 Using IMPACT

    8260 Adoption Services (Pre-Consummated Adoptions)

    8261 HSEGH Reports - Health, Social, Educational, and Genetic History

    8261.1 Identifying Available Services for HSEGH Reports

    8261.2 Using IMPACT

    8261.21 When IMPACT is Unavailable

    8261.3 Altering a Request

    8261.4 Terminating a Request

    8262 Adoptive Placement Services (Including Legal Risk Placements)

    8262.1 Determining Eligibility

    8262.2 Identifying Available Services

    8262.3 Referring Clients for In-State Adoption Services

    8262.4 Using IMPACT

    8263 Out-of-State Adoption Placement

    8263.1 Identifying Out-of-State Families for Adoption Placement Services

    8263.2 Determining Eligibility

    8263.3 Contracting with Out-of-State CPAs

    8263.4 Selecting an Out-of-State Family and Authorizing Services

    8263.5 Adding, Extending, or Reauthorizing Services

    8263.6 Completing Placement Services

    8264 Post-Placement Adoption Services (Pre-Consummated)

    8264.1 Determining Eligibility

    8264.2 Identifying Available Services

    8264.3 Referring Clients

    8264.4 Using IMPACT

    8264.5 Handling Additional Duties

    8264.6 Terminating Services

    8265 Subsequent Adoptive Placement Services

    8265.1 Determining Eligibility

    8265.2 Referring Clients

    8265.3 Using IMPACT

    8270 Youth Camping Services — Day and 24-Hour

    8271 Authorizing Service

    8272 Identifying Available Services

    8273 Determining Eligibility

    8274 Referring Clients

    8275 Contracting with Youth Camps

    8276 Using IMPACT

    8276.1 When IMPACT is Unavailable

    8280 Preparation for Adult Living (PAL) Services

    8281 Determining Eligibility

    8282 Identifying Available Services

    8283 Identifying Additional Services

    8284 Referring Clients

    8285 Using IMPACT

    8285.1 When IMPACT is Unavailable

    8286 Adding, Extending, or Terminating Services

    8300 Interstate Compact for the Placement of Children (ICPC)

    8310 ICPC Home Study Services

    8311 Determining Eligibility

    8312 Identifying Available Services

    8313 Referring Clients

    8314 Using IMPACT

    8314.1 When IMPACT is Unavailable

    8315 Handling Additional Duties

    8316 Adding, Extending, Reauthorizing, or Terminating Services

    8320 ICPC Placement and Courtesy Supervision Services

    8321 Determining Eligibility

    8322 Identifying Available Services

    8323 Referring Clients

    8324 Using IMPACT

    8324.1 When IMPACT is Unavailable

    8325 Handling Additional Duties

    8326 Adding, Extending, Reauthorizing, or Closing Services

    8330 ICPC Evaluation and Treatment Services

    8331 Determining Eligibility

    8332 Identifying Available Services

    8333 Referring Clients

    8334 Using IMPACT

    8334.1 When IMPACT is Unavailable

    8335 Handling Additional Duties

    8336 Adding, Extending, Reauthorizing, or Terminating Service

    8400 Post Adoption Services (Consummated Adoptions)

    8410 Post Adoption Services

    8411 Obtaining Services

    8411.1 Determining Eligibility

    8411.2 Authorizing Service

    8411.3 Identifying Available Services

    8411.4 Referring Clients

    8411.5 Identifying Providers

    8411.6 Sharing the Child's Record

    8412 Types of Service

    8412.1 Casework and Service Planning

    8412.11 Defining Casework and Service Planning

    8412.12 Maintaining a Service Plan

    8412.2 Support Groups

    8412.21 Identifying Available Services

    8412.22 Determining Eligibility

    8412.23 Identifying Allowable Costs

    8412.3 Parent-Training

    8412.31 Identifying Available Services

    8412.32 Determining Eligibility

    8412.33 Identifying Allowable Subcontractors

    8412.34 Budgeting

    8412.4 Post Adoption Counseling

    8412.41 Providing Available Services

    8412.42 Determining Eligibility

    8412.43 Identifying Allowable Providers

    8412.44 Defining Units of Service

    8412.45 Authorizing in Advance

    8412.5 Respite Care

    8412.51 Identifying Eligible Providers

    8412.52 Paying for Care

    8412.53 Defining Units of Service

    8412.6 Residential Therapeutic Care

    8412.61 Determining Eligibility

    8412.62 Extending Eligibility

    8412.63 Requiring Family Involvement

    8412.64 Reunifying Child and Family

    8412.65 Identifying Allowable Providers

    8412.66 Referring Clients

    8412.67 Authorizing Care

    8412.68 Paying for Care

    8412.69 Reducing the Service Level

    8413 Using Nonprogram Funds

    8414 The Contract Plan of Operation for Post Adoption Services

    8420 Duties of a Regional Liaison

    8430 Fair Hearings

    8431 Notifying Families of Their Rights

    8432 Resolving Disagreements with Contractors

    8433 Requesting a Hearing

    8434 During and After the Fair Hearing

    8500 Support Services

    8510 Client Support Services

    8511 Foster Parent Intermittent Alternate Care (IAC) Services

    8512 Funeral and Burial Services for Children in DFPS Conservatorship

    8512.1 DFPS Funding for Services

    8512.2 Purchasing and Payment of Services

    8513 Medical, Dental, or Sexual Abuse Examinations

    8513.1 Funding Examinations

    8514 Diagnostic Consultation — Case Specific

    8514.1 Determining Eligibility for Consultation

    8514.2 Identifying Available Consultation Services

    8514.3 Referring Clients for Consultation

    8514.4 Using IMPACT

    8514.41 When IMPACT is Unavailable

    8514.5 Adding, Extending, Reauthorizing, or Terminating Consultation

    8520 Program Support Services (Regional)

    8521 Home Study Services

    8521.1 Definitions

    8521.2 Foster and Adoptive Home Study Services

    8521.21 Types of Services

    8521.22 Determining Eligibility

    8521.23 Identifying Available Services

    8521.24 Referring Clients

    8521.25 Working in IMPACT

    8521.26 When IMPACT is Unavailable

    8521.27 Adding, Extending, Reauthorizing, or Terminating Studies

    8521.3 Relative, OTI, or Court-Ordered Home Study Services

    8521.31 Identifying Required Services

    8521.32 Referring Clients

    8521.33 Working in IMPACT

    8521.34 Handling Additional Duties

    8521.35 Adding, Changing, Reauthorizing, or Terminating Services

    8522 Programmatic Consultation

    8522.1 Identifying Allowable Services

    8522.2 Requesting Services

    8522.3 Working in IMPACT

    8523 Community and Parent Group Services

    8523.1 Contracting With Councils, Associations, and Organizations

    8523.11 Identifying Eligible Contractors

    8523.12 Requesting a Contract

    8523.2 Contracting With Organizations That Sponsor Volunteer, Self-Help, and/or Primary Prevention Programs

    8523.3 Costs for Community and Parent Group Services

    8523.31 Allowable Costs for Community and Parent Group Services

    8523.32 Unallowable Costs for Community and Parent Group Services

    8524 Training Services

    8524.1 Group Training for Foster and Adoptive Parents

    8524.11 Determining Eligibility

    8524.12 Referring Clients

    8524.13 Requesting Training

    8524.14 Handling Additional Duties

    8524.2 Topic-Specific Training for Clients, Parents, or Contractors

    8524.21 Authorizing Training

    8524.22 Determining Eligibility

    8524.23 Requiring Topics

    8524.24 Referring Clients

    8525 Title IV-E University Pass-Through Services

    8525.1 Title IV-E — Professional Training

    8525.2 Title IV-E — Ongoing Training

    8525.3 Title IV-E — University Degree and Stipend Programs

    8525.31 Identifying Allowable Services

    8525.32 Student Responsibilities

    8525.34 Applying – Employees

    8526 County Contracts

    8526.1 Definitions

    8526.2 Types of Contracts

    8526.3 Reviewing Contracts Annually

    8526.4 Including Termination Dates

    8526.5 Registering and Paying Contracts

    8526.6 Reimbursing Counties

    8526.7 Restrictions on Child Welfare Boards

    8526.71 General Information

    8526.72 Restrictions on Contracts

    8526.73 Restrictions on Funding

    8530 State Office Contracts with Program Consultants

    8531 Identifying Available Services

    8532 Gathering Required Details

    8533 Authorizing in IMPACT

  • Section 9000: Interstate Placements

    9000 Interstate Compact on the Placement of Children (ICPC)

    9100 The Texas Interstate Compact Office

    9110 The DFPS Regional ICPC Coordinator

    9200 Placing Children from Texas in Another State

    9210 Processing an ICPC Request from Texas

    9211 Regional ICPC Coordinator Review and Approval

    9212 Texas Interstate Compact Office (TICO) Review and Processing

    9212.1 Missing Information

    9213 Obtaining the Other State's Decision on an Interstate Placement

    9213.1 Notification

    9213.2 Request for Home Study Approval Extension

    9214 Placing a Child in the Other State

    9214.1 Notifying the Other State

    9214.11 Retaining Jurisdiction

    9214.2 Canceling a Placement Request

    9215 Closing an ICPC Case

    9215.1 Final Recommendation

    9215.2 Agreement

    9215.3 The Final Court Order

    9216 Out-of-State Placement Disruptions

    9300 Placing Children From Another State In Texas

    9310 Accepting a Request to Place a Child From Another State in Texas

    9311 Reviewing the Request

    9311.1 Missing Information

    9312 If the Other State’s Agency Skips TICO

    9313 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas

    9314 If a Home Screening Has Already Been Completed

    9315 Creating an ICPC Case in IMPACT

    9316 Notification and Supervision

    9320 If a Caregiver Moves to Texas

    9321 All Caregivers

    9322 Foster Families

    9323 If a Caregiver Moves Before TICO Authorizes the Placement

    9324 Placements Made Without a Request

    9330 Processing a Home Screening for a Child Being Placed in Texas From Another State

    9340 Making the Decision to Accept an ICPC Placement

    9341 Basis and Criteria for TICO Approval

    9342 Sending Notification of a TICO Decision

    9342.1 If TICO Denies Placement

    9342.2 If a Child Is Placed Despite TICO’s Denial

    9350 Placing a Child From Another State in a Licensed Residential Facility in Texas

    9351 Institutional Placements

    9352 Documentation

    9353 Approval

    9354 Supervision

    9355 Closing the Case

    9360 Children Placed in Texas

    9361 When a Caregiver Moves During the Supervision of an ICPC Case

    9362 Interstate Placement Disruption

    9363 Illegal Interstate Placements

    9370 Closing an ICPC Case

    9371 Final Recommendation

    9372 Agreement

    9373 The Final Court Order

    9400 Interstate Visits

    9500 DFPS Role in Interstate Compact on the Placement of Children (ICPC) Disaster Planning

    9600 Private Interstate Placements

  • Section 10000: Services to Older Youth in Care

    10000 Services to Older Youth in Care

    10100 Overview of Transitional Living Services

    10110 Goals and Objectives

    10120 Transition Planning for Older Youth

    10130 Transition Centers for Youth

    10140 Overview of Healthcare Coverage for Youth and Young Adults Who Age Out of Foster Care

    10141 The Former Foster Care Children (FFCC) Program

    10142 The Medicaid for Transitioning Foster Care Youth (MTFCY) Program

    10143 Informing Youth and Young Adults About the FFCC and MTFCY Healthcare Programs

    10150 Victims of Trafficking

    10200 Preparation for Adult Living (PAL)

    10210 Preparation for Adult Living Program

    10211 Targeted and Eligible Population for PAL

    10211.1 Targeted Priority Population

    10211.2 Additional Eligible Population

    10212 PAL Eligibility for Youth Placed in a Title IV-E Placement by the TJJD or a CJPD

    10213 How PAL Services Should Be Provided

    10213.1 Age PAL Services Must Begin

    10213.2 Youth Under Age 16

    10213.3 PAL Services Not Affected by Permanency Goal

    10220 Required Preparation for Adult Living (PAL) Services

    10221 Life Skills Assessment

    10222 Life Skills Training

    10223 Life Skills Independent Study Guide

    10224 PAL Case Management Services

    10224.1 Trafficking Awareness

    10230 Optional Preparation for Adult Living (PAL) Services

    10231 Young Adults Residing With a Designated Perpetrator of Abuse or Neglect

    10232 Age-Appropriate Activities

    10240 Preparation for Adult Living (PAL) Transitional Living Allowance (TLA)

    10241 Qualifications for PAL Transitional Living Allowance

    10242 Payment Limits for the PAL Transitional Living Allowance

    10243 Payment Method for the PAL Transitional Living Allowance

    10244 PAL Transitional Living Allowance When a Young Adult Will Be Living With a Parent After Aging Out of Foster Care

    10245 Suspending PAL Transitional Living Allowance Payments

    10250 Preparation for Adult Living (PAL) Aftercare Room and Board

    10251 Qualifications for PAL Aftercare Room and Board

    10252 Limitations While Receiving ETV or in Extended Foster Care for PAL Aftercare Room and Board

    10253 Assessing the Amount for PAL Aftercare Room and Board Payment

    10254 Allowable Expenditures and Payment Limits for PAL Aftercare Room and Board

    10255 Payment Limits for PAL Aftercare Room and Board

    10256 Host Home for PAL Aftercare Room and Board Payment

    10260 Preparation for Adult Living (PAL) Data Entry

    10261 PAL Responsibilities When Youth or Young Adults Are Placed Cross-Regionally

    10261.1 PAL Services and Payments When Youth or Young Adults Are Placed Cross-Regionally

    10262 National Youth in Transition Database (NYTD)

    10263 NYTD Independent Living Services

    10264 NYTD Survey

    10264.1 Reporting Periods and Data Due Dates

    10264.2 Outcome Reporting Status

    10264.3 Designating a National Youth in Transition Database (NYTD) Primary Contact

    10264.4 IMPACT Data and Information Alerts

    10264.5 Use of Diligent Search to Locate Youth in the Survey Population

    10265 Special Populations

    10300 Post-Secondary Education Programs

    10310 College Tuition and Fee Exemption Information

    10311 Issuing the College Tuition and Fee Exemption Letter

    10311.1 PAL Staff Responsibilities for College Tuition and Fee Exemption

    10311.2 Adoption Assistance Eligibility Specialist Responsibilities for College Tuition and Fee Exemption

    10312 Temporary Housing Assistance Between Academic Terms

    10320 Overview of the Education and Training Voucher (ETV) Program

    10321 Goal of the ETV Program

    10322 Staff Responsible for the ETV Program

    10323 Verifying Eligibility

    10323.1 Citizenship and Immigration

    10323.2 Appropriate Schools and Courses

    10324 Applying for the ETV Program

    10325 Continued Eligibility Requirements After Initial ETV Qualification

    10326 Determining and Disbursing ETV Funds

    10326.1 Cost of Attendance and ETV Funds

    10326.2 Disbursing ETV Funds

    10326.3 When Students Are Paid ETV Funds

    10327 Expenses Covered by ETV

    10327.1 Expenses Covered by the Costs of Attendance (COA)

    10327.2 Expenses Not Covered by the Costs of Attendance (COA)

    10327.3 Expenses of Students in DFPS Paid Foster Care

    10328 The Right to Appeal ETV Decisions

    10330 Employment Preference for Former Foster Youth

    10340 Preparation for Long-Term Care or Support in Adulthood for Youth with Disabilities

    10341 Planning for Long-Term Care Needs

    10341.1 Researching Long-Term Care Resources

    10341.2 Ensuring Funding and Eligibility for Services

    10342 Home and Community-Based Services (HCS)

    10343 Guardianship

    10343.1 Preparing to Request Appointment of a Guardian

    10343.2 Criteria for HHSC Guardianship Referral

    10343.3 Initiating the HHSC Guardianship Referral

    10343.4 Guardianship Assessment

    10343.5 HHSC Decision, Notification and DFPS Response

    10343.51 HHSC Agrees to Become Guardian

    10343.52 HHSC Denies Request for HHSC Guardianship

    10343.6 HHSC Appointed as Guardian

    10343.61 Youth Leaves DFPS Foster Care

    10343.62 DFPS Foster Care Placement After HHSC Appointed as Guardian

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

    10410 Preparation Required When a Youth Plans To Stay in Extended Foster Care

    10411 Within 90 Days Before the Youth’s 18th Birthday

    10412 As Soon as Possible After the 18th Birthday

    10420 Qualifying for Extended Foster Care

    10421 Eligibility for Extended Foster Care

    10422 Transitioning Between Education or Work Related Activities

    10422.1 Enrollment in a Higher Education Program or a Post-Secondary Vocational or Technical School

    10423 Monitoring Continued Participation and Annual Eligibility Review

    10424 Temporary Absences From Extended Foster Care

    10425 Issues Signing the VEFCA for a Young Adult with a Physical or Intellectual Disability

    10425.1 Physically Unable to Sign VEFCA

    10425.2 Mental Capacity Issues in Signing the VEFCA

    10430 Placements

    10431 Requesting Regular Foster Care Placements

    10431.1 Requesting SIL Placements

    10440 Casework Activity for Young Adults in Extended Foster Care

    10441 Casework Activity

    10442 Medical Consenter Issues and Documentation

    10443 Ownership of the Youth Transition Portfolio: Extended Foster Care

    10444 Sealed Juvenile Justice Records

    10450 If the Young Adult Goes Missing

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

    10464.1 Initial Placement Process

    10464.2 Subsequent Placement Process With the Same DFPS SIL Provider

    10465 Ongoing Caseworker Duties During SIL Placement

    10466 Discharge From the SIL Program

    10470 Discharge From Extended Foster Care

    10471 Planned Discharge From Extended Foster Care

    10472 Emergency Discharge From Extended Foster Care

    10473 Discharge to Trial Independence

    10500 Trial Independence and Return for Extended Foster Care

    10510 Trial Independence

    10520 Return for Extended Foster Care

    10521 Referring the Young Adult to Regional PAL Staff

    10522 Acceptance Criteria for Return to Extended Foster Care

    10530 Roles and Responsibilities of Staff Helping a Young Adult Return for Extended Foster Care

    10531 Roles and Responsibilities of PAL Staff

    10532 Re-Entry Liaison

    10533 Conservatorship (CVS) Caseworker

    10540 Providing Support After a Young Adult Returns to Extended Foster Care

    10541 Contacts and Time Frames

    10542 Revising the Transition Plan

    10543 Completing the Child Plan of Service

    10544 Restarting Court Reviews

    10545 Ongoing Casework Activity after Resuming Care

  • Section 11000: Healthcare

    11000 Healthcare

    11100 Medical Consent

    11110 Court Authorizes DFPS to Be the Child’s Medical Consenter

    11111 Selecting the Medical Consenter and Backup Medical Consenter

    11112 Designating a Live-In Caregiver as the Medical Consenter

    11113 Designating Medical Consenters for Children in Conservatorship Living in Residential Facilities

    11113.1 General Residential Operation (GRO) Offering Emergency Services

    11113.2 General Residential Operations With Shift Staff

    11113.3 Designating CPS Staff as Medical Consenters for Children in Certain General Residential Operations (GROs) with Shift Staff

    11113.31 Developmental Disability Specialist Medical Consenters

    11113.32 CPS Local Permanency Staff Medical Consenters

    11113.33 Temporary Backup Medical Consenters

    11113.34 Local Permanency Human Services Technicians As Temporary Medical Consenters

    11113.35 Documenting Temporary Medical Consenters

    11113.36 Extending a Temporary Medical Consenter’s Service Beyond 24 Hours

    11114 Ensuring Training on Informed Consent and Requirements for Medical Consenters

    11114.1 DFPS-Approved Training for Medical Consenters

    11114.2 DFPS-Approved Training for Parents

    11115 Documenting Medical Consent

    11115.1 Issuing Form 2085-B Designation of Medical Consenter

    11115.2 Documenting in IMPACT

    11116 Providing Medical Information to the Medical Consenter

    11117 Changing Medical Consenter and Backup Consenter

    11118 Notifying the Court of the Designated Medical Consenter

    11118.1 Notifying the Court of a Temporary Medical Consenter

    11118.2 Procedures for Notifying the Court and Other Parties

    11120 Court Authorizes an Individual Other Than DFPS To Be the Child’s Medical Consenter

    11121 Caseworker Responsibilities

    11121.1 Notifying the Court When the Medical Consenter Fails to Perform Duties

    11130 Responsibilities of Medical Consenters and Backup Medical Consenters

    11131 Participating in Each Medical Appointment

    11131.1 Preventive Care

    11131.2 Ongoing Behavioral Health Therapy

    11131.3 Allied Health Services

    11131.4 Psychotropic Medication Appointments

    11131.5 Other Medical Care

    11131.6 Emergency Medical Care

    11132 Informing Medical Consenters and Backup Medical Consenters

    11133 Assent

    11140 Medical Consent by Minor Youth

    11141 Educating Children and Youth about Their Medical Care

    11142 Documenting Court Authorization for Youth Consent

    11143 Offering Ongoing Support to Youth

    11144 Requesting a Court Order If a Youth Refuses Medical Care

    11150 Special Circumstances

    11151 Young Adults Who Are 18 Years or Older

    11152 Youth Under HHSC Guardianship in Extended Foster Care

    11153 Youth Who Are Parents in DFPS Conservatorship or Extended Foster Care

    11160 Notification of Medical Care

    11161 Including Medical and Behavioral Health Information in Court Reports

    11161.2 Addressing Psychotropic Medications in Court Reports or Testimony

    11161.3 Including Information About Psychotropic Medications in Court Reports and Testimony

    11162 Notifying Parents About Psychotropic Prescriptions and Significant Medical Conditions

    11200 Medical and Dental Services

    11210 Meeting the Requirements for Medical and Dental Services

    11211 3-Day Medical Exam

    11212 Initial Texas Health Steps Medical Checkup

    11213 Initial Texas Health Steps Dental Checkup

    11214 Subsequent, Ongoing Texas Health Steps Checkups

    11215 Immunizations

    11216 Tuberculosis Screening

    11220 Reproductive Health

    11221 Contraceptive Services

    11230 Informing Caregivers and Medical Consenters About Health Services

    11240 Using the Health Passport

    11300 Medication

    11310 If CPI, CPS, or SSCC Staff Administers Medications

    11311 CPI or CPS Staff Administration of Medication to Children

    11312 Action If a Child Has Not Taken a Medication in Over 24 Hours

    11313 Storing Medications

    11314 Destroying Medications

    11320 Psychotropic Medications

    11321 Providing Required Information to Medical Consenters

    11322 Informed Consent for Psychotropic Medication

    11323 Deciding Whether to Consent to a Psychotropic Medication

    11323.1 Providing Consent to an Initial Psychotropic Medication in an Inpatient Setting

    11323.2 Deciding Not to Consent to a Psychotropic Medication

    11323.3 Withdrawing Consent

    11324 Documenting Consent for Psychotropic Medications

    11324.1 Documenting Consent to an Initial Psychotropic Medication Prescription

    11324.2 Documenting Consent to Psychotropic Medication in an Inpatient Setting

    11324.3 Documenting the Decision to Consent for Psychotropic Medication

    11324.4 Documenting Consent for Changes in Psychotropic Medication

    11325 Psychotropic Medications Follow-Up Visits

    11326 Non-Pharmacological Interventions

    11327 Psychotropic Medication Utilization Review (PMUR)

    11400 Special Healthcare Needs

    11410 Arranging for Special Healthcare Management Services

    11411 Referring a Child to Medical Professionals and Health-Related Community Services

    11412 Working With Children in DFPS Conservatorship Who Have Special Healthcare Needs

    11500 HIV Testing and Care for Children in DFPS Conservatorship

    11510 Counseling, Treatment, and Medical Management for a Child With HIV Infection

    11520 Maintaining Confidentiality of HIV Status

    11521 Required Notification About a Child’s HIV Status

    11522 Allowable Releases of HIV Status Information

    11600 Behavioral (Mental Health) Services

    11610 Mental Health Treatment

    11611 Admission to a Mental Health Facility

    11611.1 Request to Admit a Child or Youth to an Inpatient Psychiatric Facility

    11611.11 Caseworker Actions During Psychiatric Hospitalizations

    11611.2 Youth Age 16 or Older Who Requests Admission

    11611.3 DFPS Representative to Approve Admission of Child or Youth

    11611.4 Consent for Health Care and Medications After Admission

    11611.5 Change of Medical Consenters While a Child or Youth Is Hospitalized

    11612 Emergency Detention Order and Order for Protective Custody

    11613 Involuntary Commitment Order for Mental Health Services

    11614 Discharge from Inpatient Psychiatric Facilities

    11700 Extraordinary Medical Conditions

    11710 Enrollment and Participation in Certain Drug Research Programs

    11720 End of Life Medical Decisions

    11721 DFPS has TMC or PMC but Parental Rights Have Not Been Terminated

    11722 DFPS has TMC or PMC and Parental Rights Have Been Terminated or Parents Are Deceased

    11730 Organ Donation/Anatomical Gifts

  • Section 12000: Family-Based Safety Services (FBSS)

    12000 Family-Based Safety Services (FBSS)

    12100 Philosophy and the Role of FBSS Staff

    12110 Philosophy

    12120 The Role of the FBSS Caseworker

    12130 The Role of the FBSS Supervisor

    12200 Contacts in Family-Based Safety Services (FBSS)

    12210 Constitutional Requirements for Family-Based Safety Services

    12211 Consent to Enter and Remain in a Family’s Home

    12212 Consent to Visually Examine the Child in the Home

    12213 Consent to Transport the Child

    12214 Meeting Federal Requirements

    12215 Assessing Communication Needs

    12220 Receiving a Case in FBSS from Investigations

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

    12230 Ten-Day Tasks and Case Decisions

    12231 Closing the FBSS Case within Ten Days

    12232 Ten-Day Tasks When the FBSS Case Is Remaining Open

    12240 Parent and Child Face-to-Face Contacts

    12250 Contacts with PCSP Caregiver

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

    12270 Locating, Contacting, and Assessing Absent or Noncustodial Parents

    12271 Locating Absent or Noncustodial Parents

    12272 Contacting and Assessing Absent or Noncustodial Parents

    12280 FBSS Actions When a Child or Principal Cannot Be Located

    12300 Transferring a Case in Family-Based Safety Services (FBSS)

    12310 Transferring a Case from Alternative Response or Investigation to FBSS

    12320 Transferring FBSS Cases between Counties and Regions

    12321 Transfer Process

    12322 Resolving Disagreements Regarding Case Transfers

    12400 Documentation and Case Reviews in FBSS

    12410 Documentation and Contact Entry

    12420 Caseworker Monthly Evaluation of Progress

    12430 Submitting Monthly Evaluations

    12440 Supervisor Monthly Review

    12450 Risk Reassessment

    12451 Risk Scores

    12452 Risk Score Overrides

    12453 Policy Override

    12454 Discretionary Override

    12455 Recommended Action and Planned Action

    12500 Providing Services in FBSS

    12510 Family Strengths and Needs Assessment (FSNA)

    12520 Participation in the Family Plan of Service

    12530 Creating the Initial Family Plan of Service

    12540 Family Plan of Service Evaluations

    12550 Foster Care Candidacy (FCC) Determination for FBSS

    12560 Drug Testing in FBSS

    12570 Referral to Early Childhood Intervention (ECI) Services

    12580 Family’s Lack of Participation

    12581 Documenting Court-Ordered Participation

    12600 Safety in FBSS

    12610 Safety Assessment

    12620 Ongoing Assessment of Child Safety

    12621 Criminal and DFPS Background Checks

    12630 Safe Sleep and Other Safety Related Issues

    12640 CPS Actions When Danger to a Child is Present

    12650 Safety Plans in FBSS

    12651 Refusal to Participate in a Safety Plan

    12652 Required Contact

    12653 Ending a Safety Plan

    12660 Parental Child Safety Placement (PCSP)

    12670 Removing a Child

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

    12710 Case Closure Tasks

    12711 Case Closure Conference (Staffing)

    12712 Final Risk Reassessment Before Closure

    12713 Final Safety Assessment Before Closure

    12720 Closing Summary

    12721 Final Face-to-Face Contact with Parents/Caregivers

    12722 Final Child Face-to-Face Contact, Pictures, and Home Visit

    12730 Case Closure Approval

    12731 Whom to Notify of the Case Closure Decision

    12740 Submitting an FBBS Case for Closure

    12750 Case Closure Letter

    12760 Determining Closure Code Closure

    12761 Risk is Reduced in the Family

    12762 Court Ordered Services Closed

    12763 Child Outside of Home/No CVS

    12764 Child Removed from Home/CVS

    12765 Only Child Died

    12766 Family Moved

    12767 Unable to Locate the Family

    12770 Family Refused/Legal Impossible

    12780 Services Inappropriate

    12781 Using Closure Code Services Inappropriate When Closing before Initial Family Plan of Service

    12790 Administratively Closed

    12800 Program Director Involvement in FBSS

    12900 Special Circumstances in Family-Based Safety Services (FBSS) Cases

    12910 Opening an Investigation While an FBSS Case is Open

    12911 Child Trafficking (Sex and Labor Trafficking)

    12920 When a Child Dies During an Open FBSS Case

    12921 Immediate Notifications

    12922 Joint Staffing

    12923 Documentation

  • Section 15000: Education for Children

    15000 Education for Children

    15100 The Role of DFPS in Ensuring Education Stability and Success

    15110 The Role of the Caseworker in Ensuring Education Stability

    15111 When a Child is in Parental Child Safety Placement (PCSP) or an Emergency Shelter

    15200 School Options for Children

    15210 Early Childhood Education Programs for Children

    15211 Early Childhood Intervention (ECI) From Birth to Age 3

    15211.1 Referrals to Early Childhood Intervention (ECI)

    15212 Enrollment for Children Ages 3, 4, and 5

    15212.1 Pre-Kindergarten Programs Offered Through the Public Schools

    15212.2 Head Start Programs

    15212.3 Pre-School Programs for Children With Disabilities (PPCD)

    15220 Education in a Home Setting

    15221 Regional Education Specialist Review

    15230 Exceptions to Standard Schooling Options for Children and Youth Ages 5 Through 21

    15231 Choosing a Public School or Residential Treatment Center (RTC) Program

    15232 Private School or Boarding School

    15233 General Education Development (GED)

    15234 Texas Virtual School Network (TxVSN) and Virtual Schools

    15235 Education Services for Children in Nursing Homes or Hospitals, or Who Are Homebound

    15236 Education Services for School-Age Children Who Are Placed Out-of-State

    15236.1 Paying Out-of-State Tuition

    15237 Requesting an Exception to Standard Schooling

    15300 Enrollment, Records Transfer, and Withdrawal for Children Changing Schools

    15310 Time Frame for Completing the Child's Enrollment

    15320 A Child's Temporary Absence From School

    15330 Immunization Requirements

    15340 Documents Required for Enrollment

    15341 Court Order

    15342 Education Decision-Maker Form

    15350 Requesting Transfer of School Records

    15360 Withdrawing a Student from School

    15370 Education Decision Making

    15371 Designating an Education Decision-Maker

    15371.1 Designating an Education Decision Maker at Initial Placement

    15371.2 Designating Changes to the Education Decision Maker

    15372 Participating in Special Education Meetings and Decisions

    15373 Required Notification of School-Related Information

    15373.1 Confidentiality

    15380 Education Records

    15381 Creating a Child's Educational Record

    15382 Education-Related Documents Required for the Child's Case File

    15400 The Education Portfolio

    15410 Education-Related Documents Required for the Education Portfolio

    15420 The Role of the Caseworker in Creating, Delivering, and Maintaining the Education Portfolio

    15421 The Role of the Caseworker in Creating the Education Portfolio

    15422 Time Frames for Delivering the Education Portfolio

    15423 Delivering the Education Portfolio at Discharge from Conservatorship

    15500 Discipline of Children in DFPS Conservatorship in the Schools

    15510 Requirement to Opt Out of Corporal Punishment

    15520 Discipline Strategies and Restrictions for Children With Disabilities Who Are, Or May Be, Eligible for Special Education Services

    15600 Education Resources

    15610 Role and Responsibilities of the Regional Education Specialist

    15700 School Services for Children With Disabilities

    15710 The Role of the School in Serving Children With Disabilities

    15720 Referring a Child for a Special Education Assessment and Evaluation

    15721 Obtaining Consent for Testing

    15722 Denial of Services and Due Process

  • Appendices

    Appendix 1000-1: Records Production for ARIF of a CPS Investigation

    Appendix 1000-2: Additional Acceptable U.S. Citizenship Verification Documents

    Appendix 1100-1: Roles and Responsibilities of Family Group Decision-Making (FGDM) Staff

    Appendix 1121: Documentation Requirements for Models of Family Group Decision Making (FGDM)

    Appendix 1132: Federal and State Agencies

    Appendix 1132.2(a): Steps in Developing a Protective Services Contract

    Appendix 1132.2(b): Contract Outline

    Appendix 1132.2(c): Responsibilities of DFPS, Child Welfare Board, and County

    Appendix 1226-A: Child-Placing Requirements of the Indian Child Welfare Act and Related Guidelines and Regulations

    Appendix 1226-B: Checklist for Compliance with the Indian Child Welfare Act

    Appendix 1510: Procedures for Issuing HHSC Form 1027-A

    Appendix 1511: Information Needed for the Foster Care Application

    Appendix 1514: Requesting Wire Third Party Query (WTPY) System Access

    Appendix 1515: Foster Care Eligibility Case Record

    Appendix 1530: Foster Care Eligibility

    Appendix 1530 A: AFDC Income Determination Worksheet

    Appendix 1530 B: Stepparent or Disqualified Parent Budgetary Needs Allowance Deduction

    Appendix 1530 C: AFDC Needs Standard Income Limits

    Appendix 1530 D: Income Guidelines for Underemployed Parent for Parental Deprivation

    Appendix 1530 E: Title IV-E Eligibility Checklist

    Appendix 1530 F: Categorical Requirements for AFDC

    Appendix 1530 G: Underemployed Parent Checklist for Parental Deprivation

    Appendix 1530-H: Data Broker Verification Procedures

    Appendix 1533.2: MAO Auto-Eligibility

    Appendix 1563: Setting Up Savings Accounts

    Appendix 1564.1: Manual Receipt of Funds

    Appendix 1565.6: Outstanding Items Procedures

    Appendix 1581: Examples of Appropriate and Inappropriate Items and Services to Purchase With Lump Sum Benefits

    Appendix 1581.1: Appropriate Needs

    Appendix 1583.1: Guide to the Supplemental Security Income (SSI) Tracking Report

    Appendix 1618.3: Discussion Guide - Negotiating Permanency Care Assistance

    Appendix 1715.3: Negotiation of Adoption Assistance Discussion Guide

    Appendix 1922.1: Detection Periods for Abused Substances

    Appendix 1931.1 Physical Signs and Symptoms of Drug or Alcohol Use

    Appendix 1931.2: Criteria for Diagnosing Substance Abuse

    Appendix 1960: Treatment Options for Substance Abuse

    Appendix 1961: Family Drug Treatment Courts (FDTC)

    Appendix 1971: Protocol for Working With Drug-Endangered Children

    2000

    Appendix 2000-1: Summary of Consent Requirements

    Appendix 2140: Guidelines for Decision Making at Intake

    Appendix 2251: Time Frames for Investigations

    Appendix 2310: Structure of the Risk Assessment Tool

    Appendix 2411: Dispositions and Risk Findings Appropriate to the Types of Investigations

    Appendix 2414: "Seriousness" Indicators for Thorough Investigations

    Appendix 2471: Prior Disposition Categories

    Appendix 2472.1-A: Determining Overall Disposition and Overall Role

    Appendix 2472.1-B: Definitions of Roles

    Appendix 2472.1-C: Examples in Which the Overall Role Will Be "Unknown (Unable to Determine)"

    Appendix 2813-A: Adding, Deleting, and Changing Allegations in the Investigation Stage

    Appendix 2813-B: Correcting Information in Intake Allegations

    Appendix 2813-C: Alleged Perpetrator Incorrectly Named in Intake Allegation (Case Scenario)

    Appendix 2813-D: No Alleged Perpetrator Named in Intake Allegation (Case Scenario)

    Appendix 2813-E: Child Under Age 10 Incorrectly Named as Alleged Perpetrator in Intake Allegation (Case Scenario)

    Appendix 2813-F: Incorrect Type of Abuse or Neglect Alleged in Intake Allegation

    Appendix 2840: Persons to be Notified at the End of the Investigation

    3000

    Appendix 3412: Community Resources

    Appendix 3473: Guidelines for Case Closure or Legal Intervention

    Appendix 3620: Services to Abused or Neglected, Unmarried, School-Age Parents (Practice Suggestions)

    4000

    Appendix 4000-1: Additional Actions for Placing Children with Intellectual or Developmental Disabilities

    Appendix 4000-2: ICF-ID/RC Levels of Care

    Appendix 4115: Information to Consider About Race, Color, and National Origin (RCNO) in Placement Decisions

    Appendix 4320: DFPS Guidelines for Service Authorizations

    Appendix 4525: Offenses from the Texas Penal Code and Other Codes

    Appendix 4531: DFPS Kinship Homes Discipline Policy

    Appendix 4623: Protocol for RCCI Investigations Involving Child-on-Child Victimization in Foster Care

    5000

    Appendix 5000-1: When a Suit to Terminate Must Be Filed

    6000

    Appendix 6000-1: Discharging Children from Substitute Care

    Appendix 6000-2: DFPS Discipline Policy

    Appendix 6000-3: Requirements for Completing the Health, Social, Educational, and Genetic History Report

    7000

    Appendix 7000-1: Licensing Criteria for Granting Variances for Level 1 Child Placing Staff Qualifications

    Appendix 7000-2: Procedure for Requesting a Level 1 Policy Variance

    8000

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

    Appendix 8210: Contract Evaluation Review Items

    Appendix 8410: Purchased Protective Services Guidelines

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