6300 Services to Families
6310 Services to the Child’s Family When the Child Is in Substitute Care
CPS August 2021
After a child is placed in substitute care, CPS begins services to the child’s family as soon as possible. These services address parental behaviors that caused safety threats and ultimately the removal of the child or children from the home. When DFPS is the managing conservator and parental rights have not been terminated, DFPS continues to make sure services are available to the family, when appropriate, regardless of the permanency goal.
DFPS collaboratively develops a Family Plan of Service (FPOS) unless one of the exceptions in 6242.31 Exceptions to Requirements for the Family Plan of Service applies.
See 6600 Case Planning with Relatives and Other Kinship Caregivers.
6311 Services to the Parent and Family
CPS August 2021
The caseworker must work with the family to reduce the risk of abuse or neglect, so that the child may return home and live safely for the foreseeable future. However, this requirement does not apply if both of the following apply:
- There is a finding of aggravated circumstances.
- The court has made a finding that reasonable efforts to make it possible for the child to return home are not required.
To do this, the caseworker does the following:
- Assesses the family’s functioning by identifying family strengths and needs through completion of the Family Strengths and Needs Assessment (FSNA).
- Uses the results of the FSNA to engage the family and develop the Family Plan of Service, as specified in 6242 The Family Plan of Service (FPOS) and 6330 The Family Strengths and Needs Assessment (FSNA).
- Makes sure that the family receives the services specified in the FPOS, within the limits of available resources and DFPS’s authority under the law.
- Makes sure that the person who is responsible for scheduling the initial services does so no later than the 21st day after the child entered substitute care.
- Helps the family with developing a safety network to provide safety and support to the child.
- Arranges parent-child visitation. See 6416 Visitation between Families and Children in Substitute Care.
- Documents the efforts to help the family pursue reunification.
See:
6241 The Child’s Plan of Service (CPOS)
1251 Clients With Disabilities
1250 Clients With Limited English Proficiency (LEP)
6312 Contact with the Family
CPS August 2021
The caseworker’s contacts with the family focus on resolving parental behaviors that led to the abuse or neglect that resulted in one or more children being removed from the home. The visits also focus on gathering enough information and assessing the parent’s needs and strengths to make sure the parent can provide for each child’s safety, permanency, and well-being. Contacts also give the caseworker an opportunity to address case planning and service delivery.
See 6320 Visits with the Family.
If a parent is represented by an attorney who requests that all contact with the parent go through the attorney, the caseworker still has a responsibility to make efforts each month to meet with the parent and attorney to provide information and updates to the parent and attorney. This includes providing updates about the child and discussing services, as required by 6320 Visits with the Family. The caseworker documents these contacts according to 6133.2 Documenting Contacts in Substitute Care.
6313 Participation of Parents’ Attorneys When a Child Is in Substitute Care
CPS August 2021
DFPS staff invites the parents’ attorneys to all formal meetings that have both of the following characteristics:
- DFPS is holding the meeting to address aspects of the parent’s case.
- The parent is invited to the meeting.
This includes the following, as appropriate:
- A meeting of DFPS staff to do any of the following:
- Develop a Family Plan of Service (FPOS).
- Discuss services to the parent.
- Discuss the Child’s Plan of Service (CPOS).
- Plan for the discharge and return of the child to the parent.
- A Family Group Conference (FGC).
- A permanency conference.
- A mediation.
- Any other meeting that DFPS determines would be appropriate for the parent to attend.
This does not apply to the following:
- Any internal meeting of DFPS staff.
- Meetings between DFPS and the DFPS attorney.
If the parent’s attorney is invited but does not attend, the meeting may proceed as scheduled.
6314 Services to Children and Parents Across Regional Lines
CPS December 2020
When a child, youth, or family lives outside the region that holds legal jurisdiction (the “legal region”), the requirements for making monthly contact and providing services to the child and parent remain the same as those in the following policy sections:
6400 Services to Children in Substitute Care
6312 Services to the Parent When Family Reunification Is the Permanency Goal
Parent outside Legal Region
If one or more parents live outside the child’s legal region, or a child in conservatorship is placed with a parent who lives outside the child’s legal region, the caseworker can request courtesy supervision from another region if the parent lives more than 60 miles from the caseworker’s headquarters.
The decision to request courtesy supervision is based on the individual needs of the case and what is best for the parent and child. If the caseworker chooses to request courtesy supervision, the caseworker makes the request within two days of learning about the parent’s location. See 6412 Services to Children and Caregivers across Regional Lines.
See 6314.1 Coordination between Primary Caseworker and Courtesy Supervision Caseworker.
Placement (Not with Parent) outside Legal Region
CPS can request supervision by a local permanency specialist when a child or youth in conservatorship is placed outside the legal region but not with a parent.
See 6412.2 Local Permanency Supervision and its subitems.
6314.1 Coordination Between Primary Caseworker and Courtesy Supervision Caseworker
CPS August 2021
Courtesy supervision does not relieve the primary caseworker of the primary caseworker’s responsibilities to the parent or the child.
Before the courtesy caseworker’s first visit with the parent (or the parent and child, if they live together), the primary caseworker and the courtesy caseworker have a phone conference to discuss the following:
- The plan or plans of service.
- Any specific court orders.
- Family and sibling visitation.
- Special issues.
- The permanency plan for the child.
- A communication plan.
The primary caseworker documents this phone conference according to 6133.2 Documenting Contacts in Substitute Care.
The communication plan addresses how the primary caseworker and the courtesy caseworker will share information and documents. The plan specifically addresses how they will share information about the development and review of the following:
- Court reports.
- Plans of service.
- Appropriateness of placement.
- Permanency goals.
6314.11 Responsibilities of the Courtesy Caseworker
CPS August 2021
The courtesy caseworker does the following:
- Visits the parent (or the parent and child, if they live together) within 15 calendar days after being assigned as a secondary caseworker in IMPACT.
- Conducts well-planned monthly visits to assess progress in achieving service plan goals.
- Makes sure services identified in the service plans and in any court orders are set up and provided for the parent and the child.
- Reports any unmet needs to the primary caseworker.
- Discusses the child’s permanency plan with the child and parent during every visit, to assess progress being made to achieve that goal.
- Documents any face-to-face contact with the child on the same day of the contact and enters the completed narrative no later than seven calendar days after the contact.
- Documents all other contacts as soon as possible, but no later than seven calendar days after the contact.
- Communicates at least monthly, either verbally or by email, with the primary caseworker to provide information to help in completing service plans and court reports.
- Participates in, and helps the primary caseworker with coordinating, permanency planning meetings. See 6250 Permanency Planning Meetings (PPM).
6314.12 Responsibilities of the Primary Caseworker
CPS August 2021
When working with a courtesy caseworker, the primary caseworker does the following:
- Maintains at least monthly contact with the parent (and the child, if living with the parent) by email, phone, or other forms of technology.
- Maintains at least monthly contact with the courtesy caseworker to make sure that all the needs of the parent and child are met, as outlined in 6400 Services to Children in Substitute Care and 6300 Services to Families, and to keep the courtesy caseworker informed of any significant changes in the case.
- Sends updated court reports to the courtesy caseworker at least five days before a court hearing, and sends any court orders to the courtesy caseworker within five business days after the court hearing, to make sure that DFPS is giving consistent information to the family.
- Follows documentation requirements, as outlined in 6133.2 Documenting Contacts in Substitute Care.
6320 Visits with the Family
6321 Frequency of Contact
CPS August 2021
The caseworker maintains monthly face-to-face contact with each of the child’s parents to address case planning and service needs. More frequent contact may be needed. The supervisor determines the frequency with which face-to-face contacts must occur in the parent’s home based on the circumstances and permanency plan for the case.
If a parent is incarcerated, face-to-face contacts must occur monthly unless the supervisor waives this requirement. When contacts do not occur face-to-face, the caseworker still maintains monthly contact with the parent and continues working with the parent toward identified goals in the Family Plan of Service (FPOS). See:
Incarcerated Parents Resource Guide
The caseworker maintains monthly face-to-face contact with each child who remains at home after a sibling has been placed in substitute care and DFPS has temporary managing conservatorship.
If a sibling is in a parental child safety placement (PCSP), this child is still considered a member of the home and must be visited monthly.
See:
Parental Child Safety Placement (PCSP) Resource Guide
6322 Preparing for the Visit
CPS August 2021
To prepare for the monthly visit, the caseworker does the following:
- Reviews the Family Plan of Service for expectations and progress. See 6242 The Family Plan of Service (FPOS).
- Contacts service providers to review progress.
- Reviews any other notes or materials necessary to be familiar with the child’s and family’s current needs and situation.
- Reviews any information that the caseworker may need to give to the family.
6323 Conducting the Visit
CPS August 2021
The caseworker must talk with each child and parent separately and together. The separate conversations are important because they allow the child and parents to bring up concerns that they might not share in front of others.
The caseworker reviews expectations with the child and parents and discusses the progress in addressing the Family Plan of Service (FPOS) since the last visit.
The caseworker must address safety, permanency, and well-being at each visit with the child and parents.
In addition to topics included in 6411.22 Conducting the Monthly Visit, examples of questions and topics the caseworker may ask about are as follows:
- What has gone well.
- What problems or difficulties have occurred.
- How the family has handled any problems or difficulties.
- How the family has used family, kinship, and community supports.
- How the family has used resources.
The caseworker helps the child and parent with adjustment issues as needed. The caseworker observes the interaction between the parent and child.
For information on working with families experiencing domestic violence, see the Domestic Violence Resource Guide.
During the Visit with the Child
During the visit with each child, the caseworker asks about and discusses the following:
- Child’s safety and well-being.
- Child’s thoughts and feelings about living with the family.
- Child’s interactions with other children in the home (if any).
- Child’s understanding of why DFPS is involved with the family.
- Child’s school situation, if the child is of school age.
- Services that have been provided.
During the Visit with the Parent
During the visit with the parent, the caseworker asks about and discusses the following:
- The parent’s thoughts and feelings about having the child in care returned.
- The parent’s thoughts and feelings about caring for other children who are still in the home, if any.
- The parent’s contact and visits with the child in care. The caseworker determines whether the visitation plan should be expanded or reduced.
- Difficulties the parent has had, if any, in completing FPOS requirements, and any assistance or services that DFPS might provide that could help the parent complete those requirements.
- Whether the parent would like to make any changes to the FPOS.
6324 Assessing the Visit
CPS August 2021
Both during and after a visit with a child or family, the caseworker assesses the following:
- The parents’ ability, willingness, and efforts to address the issues identified in the Family Plan of Service (FPOS) that might lead to the child in care being returned to the parent.
- The safety of the children who are in the home, if any.
- The parents’ interaction with the children in the home, if any.
- The parents’ ability, willingness, and efforts to care for the children in the home (if any) and meet their needs, particularly safety needs.
- The children’s progress and ability to protect themselves.
6325 Documenting the Visit
CPS August 2021
After each contact, the caseworker documents observations of and discussions with the parent and child. See 6133.2 Documenting Contacts in Substitute Care.
6326 Following Up on Identified Needs
CPS August 2021
As follow-up to the monthly visit, the caseworker does the following:
- Makes sure that any identified needs of the child are addressed.
- Makes sure that any identified needs of the family are addressed.
- Revises the FPOS, if needed.
6330 The Family Strengths and Needs Assessment (FSNA)
CPS May 2019
The caseworker must complete the Family Strengths and Needs Assessment (FSNA) by the 21st day from the date of removal. The caseworker uses the FSNA to develop the initial FPOS.
A new FSNA must be completed and approved at least 30 days before the caseworker completes a Family Plan of Service evaluation. The caseworker must meet with the parent before completing the FSNA.
The caseworker must complete an FSNA on a parent, except in any of the following situations:
• The parent’s whereabouts are unknown.
• The court has ordered aggravated circumstances.
• The child in care meets criteria of a Baby Moses case and the parents are unknown. See 2351 Baby Moses.
The caseworker must complete an FSNA within 30 days of locating a parent whose whereabouts were previously unknown.
The caseworker must send the FSNA to Star Health by the 21st day after removal. To ensure information from the FSNA and Child and Adolescent Needs and Strengths (CANS) assessment is available for the caseworker to use in service planning, the caseworker must follow the process in the 3 in 30 Resource Guide under How to Fax the FSNA to Superior Health Plan.
See:
6430 Initial Assessment Services
6250 Permanency Planning Meetings (PPM)
6242.3 Requirement for a Family Plan of Service
Family Strengths and Needs Assessment (FSNA) Resource Guide
6340 Completing the Family Plan of Service
CPS February 2017
The caseworker completes a Family Plan of Service, following all requirements in 6242 The Family Plan of Service (FPOS) and its subitems.
6350 Contact with Special Populations
6351 Incarcerated Parents
CPS February 2017
Although a parent who is incarcerated may not be able to participate fully in his or her child’s case, the parent must be:
• notified of any court hearings or legal actions that will be taken regarding his or her child;
• interviewed to gather information to fully assess the family;
• provided with information about the child;
• provided with appropriate services (to the extent available); and
• included in case planning as appropriate.
See the Incarcerated Parents Resource Guide for guidelines on:
• locating incarcerated parents;
• visiting an incarceration facility;
• engaging an incarcerated parent; and
• facilitating contact between a child and an incarcerated parent.
Locating an Incarcerated Parent
When trying to locate a parent, staff must follow the policy in 5230 Service of a Citation.
Engaging an Incarcerated Parent
Incarcerated parents must be involved in case planning and receive a copy of their child’s and their own plan of service, as well as be updated about the case on a regular basis.
All correspondence to the incarcerated parent must be sent via certified mail.
Contact Between a Child and an Incarcerated Parent
When determining contact between the child and the incarcerated parent, the caseworker must consult with his or her supervisor to determine if the child’s safety, permanency and well-being are assured, depending on the reason the parent is incarcerated. The caseworker and supervisor must consider the following issues in determining contact arrangements between the child and the incarcerated parent:
• type of contact (face-to-face, letter, telephone, video conferencing, photo sharing);
• the child’s desire to have contact with the incarcerated parent;
• whether the crime the parent committed has an impact on the child’s safety;
• whether the crime the parent committed has an impact on the child’s well-being; and
• the impact visiting an incarceration facility may have on the child versus the impact of not visiting. For example, some children are so worried about their parents that seeing them, even through a glass barrier, allays their concerns and reduces anxiety.
If the reason for the parent’s incarceration is due to abuse of the child, and the parent has not been convicted, the caseworker and supervisor must discuss any contact with the prosecuting attorney, attorney representing DFPS, child’s attorney, and CASA if appointed. If the parent has been convicted, the caseworker checks with the incarceration facility to see if there are any restrictions.
If any concerns arise after contact has been initiated between the child and the incarcerated parent, the caseworker must consult his or her supervisor to determine if any changes are needed.
6352 Military Families
CPS August 2017
Federal law prevents any party, including DFPS, from obtaining a default judgment against a person while the person is serving in the military.
Servicemembers Civil Relief Act, 50 USC Appendix §§501-538
If a parent’s whereabouts are unknown at the time of the status hearing, the caseworker must take the following steps to find out whether the missing parent has any connection to the military, and document those steps as detailed below.
If the caseworker does not complete the steps at the time of the Status Hearing, the caseworker must complete the steps before DFPS can obtain a final order by default against a parent.
1. The caseworker must interview family members or other persons who have information about the missing parent to obtain any information about the parent’s possible military service, including current or previous military service. The caseworker must record this information on Form 2068 Affidavit Regarding Military Service. See 5233.3 Making a Diligent Search for a Missing Parent.
2. The caseworker must request a Certificate of Service or Non-Service from the U.S. military’s data center. To do so, the caseworker goes to the Service members Civil Relief Act (SCRA) website and chooses Single Record Request. (If the message There is a problem with this website’s security certificate appears, scrolls down to select Continue to this website (not recommended). The caseworker enters the following information in the fields:
• the individual’s first and last names; and
• the individual’s birth year or Social Security number.
3. The caseworker must print the Certificate of Service or Non-Service and submit it to the court with Form 2068 Affidavit Regarding Military Service.
The caseworker must request a manual search if:
• information is missing;
• the response is inconclusive; or
• the caseworker has information that conflicts with the result of the Web search. For example, staff may be aware that the parent is in fact in the military, but this is not reflected in the search results.
The caseworker requests a manual search by sending a stamped, self-addressed envelope to the address below and including as much identifying information as possible about the person who is the subject of the search.
Defense Manpower Data Center
Attention: Military Verification
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
If necessary, the caseworker may also contact the data center as follows:
Telephone: (703) 696-6762 or 5790
Fax: (703) 696-4156
4. If the search produces a Certificate of Service for the parent, the caseworker must alert the attorney representing DFPS immediately. The court will stay (suspend) the proceedings because an attorney appointed for a military service member can neither:
• waive any of the parent’s rights; nor
• bind the parent (constrain the parent through legal authority).
5. If the search produces a Certificate of Non-Service, the caseworker must provide the Affidavit of Military Service and Certificate of Non-Service to the attorney representing DFPS.
When a Parent Is Deployed
If a caseworker discovers that a parent has been or is likely to be deployed, the caseworker must ask what arrangements have been made to designate a caregiver for the child during the service member’s absence. The arrangement may be informal or may be a formal designation of a caregiver with court approval, as provided in Texas Family Code Chapter 153, Subchapter L.
Whether the agreement is informal or formal, the caseworker must:
• document in IMPACT any designation by a parent of a caregiver; and
• inform the attorney representing DFPS.
6360 When CPS Obtains Permanent Managing Conservatorship Without Termination of Parental Rights
CPS February 2017
Although CPS may be named as the permanent managing conservator, CPS must continue efforts toward achieving positive permanency for every child and youth. Specifically, staff must:
• ensure that any services provided following the final order comply with specific provisions of the final order and are reflected in the FPOS. The court may, in the final order, provide for child support, visitation, possessory conservatorship, or other rights, duties, and services, all of which should be reflected in the Family Plan of Service (FPOS) and CPS actions in the case;
• conduct a review of the case within 30 days of the final order and revise the FPOS within 45 days of the final order.
• assess the parents’ involvement in the case;
• actively pursue services until:
• CPS is no longer permanent managing conservator;
• parental rights are terminated; or
• the determination is made that services can be discontinued in accordance with 6365 Reassessing Inactive Parents and Parents Unable to Provide a Safe Home When Parental Rights Have Not Been Terminated; and
• ensure contact between the parents, the child, and the caseworker.
See also 6200 Case Planning for Permanency, 6250 Permanency Planning Meetings and 5570 Mediation and Other Forms of Dispute Resolution.
6361 Assessing Parental Involvement and Participation in Service Planning
CPS February 2017
When CPS is appointed as permanent managing conservator without termination of parental rights, the caseworker must assess each parent’s involvement and participation in service planning. The assessment must include a discussion with each parent about the parent’s:
• desire for family reunification with the child;
• progress in services listed on the Family Plan of Service;
• level of interest in maintaining contact with the child; and
• willingness to sign a relinquishment of parental rights.
The caseworker must:
• document the assessment in the monthly narrative and evaluation during the month it took place; and
• report the assessment to the court through the court report submitted for the Permanency Hearings After Final Order.
See 6330 The Family Strengths and Needs Assessment (FSNA).
6362 Maintaining the Family Substitute Care Stage
CPS February 2017
The family substitute care (FSU) stage must remain open in IMPACT when DPFS is appointed as permanent managing conservator without termination of parental rights, unless the determination is made that services can be discontinued in accordance with 6365 Reassessing Inactive Parents and Parents Unable to Provide a Safe Home When Parental Rights Have Not Been Terminated.
6363 Court’s Authority to Order CPS to Provide Services
CPS February 2017
When CPS is named as permanent managing conservator and parental rights are not terminated, the court may order CPS to continue to provide services to the parent for up to six months.
Texas Family Code §263.5031(3)(b)
6364 When to Complete a Family Plan of Service
CPS February 2017
Service Planning for the Parents
The caseworker must continue service planning with the parents in all cases for a minimum of six months after CPS is named as permanent managing conservator when parental rights have not been terminated.
The caseworker must conduct a review of the case within 30 days of the court naming CPS as permanent managing conservator, and before the development of the new Family Plan of Service. The review must include the caseworker, supervisor, and program director. During the review, staff must discuss:
• the appropriateness of the permanency goals;
• the caregiver’s interest or willingness to accept permanent managing conservatorship (PMC);
• services needed to address current dangers and the parents’ ability to provide safety over time;
• efforts to identify, locate, and notify relatives and kinship; and
• efforts to incorporate relatives and kinship into the child’s service planning.
The caseworker must update the Family Plan of Service within 45 days of the court naming CPS as the permanent managing conservator.
After the initial six months, the caseworker must review and update the Family Plan of Service every six months, when:
• family reunification continues to be a permanency goal;
• CPS is likely to pursue termination of parental rights in the future;
• the parent requires services that are not child-specific (for example, the parent will attend therapy to learn how to appropriately manage his or her depression); or
• siblings remain in the home and the parents request CPS to provide services to those children.
When none of the above situations exists, staff may determine that a Family Plan of Service is no longer required. See 6365 Determining Whether to Discontinue the Family Plan of Service.
Content of the Family Plan of Service
See 6242.5 Content of the Family Plan of Service.
6365 Reassessing Inactive Parents and Parents Unable to Provide a Safe Home When Parental Rights Have Not Been Terminated
CPS February 2017
The caseworker must reassess the case to determine whether pursuing termination of parental rights is in the best interest of the child or if it is appropriate to discontinue service planning. These actions may be appropriate if the parents:
• are inactive in the child’s life;
• have not remained in contact with CPS and cannot be located despite concerted efforts;
• demonstrate a lack of interest in the child;
• do not complete services in the Family Plan of Service; or
• are unable to provide a safe home for the child to return to.
Discussion with the Parents
Active service planning continues for a minimum of six months following entry of the final order.
The caseworker must attempt to meet with the parents to:
• ask about the lack of participation and interest in the case;
• determine whether parents’ circumstances have changed;
• discuss the permanency goal and best interest of the child;
• gain current information to complete an FSNA; and
• discuss the parents’ willingness to sign a relinquishment of parental rights.
Consultation with the Attorney Representing CPS
The caseworker and supervisor must:
• review the permanency goals to determine whether goals remain appropriate;
• consult with the attorney representing CPS six months after CPS is named as permanent managing conservator without termination of parental rights, and when circumstances of the case change, to determine whether grounds for termination exist or can be established (see Texas Family Code §263.5031(3)(D)). The attorney, caseworker, and supervisor discuss whether the child can be returned to the parent or placed with a relative or fictive kin, or if CPS should pursue termination of parental rights. The caseworker and supervisor reach a decision, based on the attorney’s advice.
If CPS has exhausted all reasonable efforts to engage the parent, and the parent clearly does not wish to participate in case planning or visitation with the child, CPS may discontinue case planning with the parent.
The program director must conduct case consultation and approve before the caseworker discontinues case planning for the parent.
If approved, the caseworker closes the family substitute care (FSU) stage of service in IMPACT if both parents meet these criteria and the program director gives approval.
6366 When Service Planning Has Been Discontinued or Resumed
CPS August 2017
The caseworker must contact the parent annually to update the parent about the child’s status and gather information on the parent’s current circumstances.
The caseworker must inform the parent that contact, plans for services, or both, may resume if the parent contacts DFPS and requests it. Upon notice from the parent, DFPS resumes planning for services.
The caseworker must complete a Family Strengths and Needs Assessment and a Family Plan of Service within 30 days of the parent notifying DFPS he or she is interested in resuming contact and planning for services. Before contact between the parent and child resumes, the caseworker must determine the impact upon the child or youth’s safety and well-being.
The program director must approve discontinuing or resuming visits, if these actions do not violate any court orders, and must review the status annually. The caseworker must document the program director’s review and approval in the case record in the monthly evaluation when the review is due.
6370 When a Mother in an Open CVS Case is Pregnant
CPS October 2017
When a CVS caseworker learns that a mother in an open CVS case is pregnant, the caseworker must:
• immediately notify the supervisor; and
• staff with the supervisor at least once a month to determine:
• whether any safety threats exist that would require making a report to Statewide Intake once the child is born; and
• what steps need to be taken when the caseworker learns that the mother is in the hospital or delivered the baby.
Two months before the expected birth date, the CVS caseworker must invite an Investigations program director (PD) or designee to discuss the case if the CVS caseworker determines there are active danger indicators, such as the mother’s use of drugs or alcohol. Topics of discussion at this meeting should include:
• concerns for the unborn child;
• the family’s ability to ensure the safety and well-being of the child;
• possible placement options for the newborn; and
• details of the current conservatorship case.
6371 When the Baby is Born
CPS October 2017
When the child is born, if the CVS caseworker determines that there are active safety threats to the child, the CVS caseworker must immediately:
• call Statewide Intake to initiate a new intake; and
• notify the Investigations program director or designee in the region where the mother is located.
During the investigation, the CVS caseworker must work closely with the Investigations caseworker to provide information and assist as necessary.
6371.1 Legal Intervention
CPS October 2017
The Investigations caseworker must coordinate a legal staffing to determine if an open CVS case involving a pregnant mother’s unborn child warrants a removal when the baby is born.
The following people must attend:
• The DFPS attorney.
• The Investigations supervisor and caseworker.
• The CVS supervisor and caseworker.
If there is disagreement between Investigations and CVS staff about the appropriate course of action, the disagreement must be escalated up the chain of command and resolved.
Under no circumstances should Investigations or CVS representatives make conflicting recommendations to a court. A unified DFPS response must be determined before any court hearing.
Removal Affidavit
To prepare for a removal:
• the CVS caseworker must prepare content for an affidavit that details the previous case history and the progress of the current open conservatorship case; and
• the Investigations caseworker must prepare content for an affidavit that details the current investigation.
Local court procedures dictate whether single or separate affidavits must be filed for the child’s removal.
If removal is warranted, the Investigation caseworker is responsible for coordinating all placement needs of the newborn child, after consulting with the CVS caseworker regarding possible placement options.
6380 Parental Child Safety Placements in CVS Cases
CPS October 2017
A parental child safety placement (PCSP) is a temporary out-of-home placement made by a parent when CPS determines that the child is not safe remaining in his or her own home. CPS may offer the parents the option of placing the child out of the home as an alternative to DFPS petitioning for court-ordered removal of the child (see 3210 Safety Plan).
A PCSP may occur in a CVS case in very limited circumstances. This could include when:
• a child is born to a parent who currently has children in an open CVS case but the new child can safely be placed in a PCSP;
• it is determined after an investigation that some of the siblings can be placed in a PCSP while the other siblings must be placed in substitute care (this should only occur in very limited situations);
• there is a current open CVS case for some siblings while other siblings are in the home and a new investigation warrants a PCSP; or
• there is currently an open CVS case for some siblings while other siblings are simultaneously in a PCSP.
If a PCSP is considered during an investigation related to an open CVS case, both the Investigations program director and the CVS program director must approve the PCSP before it is implemented.
A PCSP initiated in the CVS stage of service will be a very rare occurrence since a PCSP can only be used for a child who is not in the conservatorship of DFPS. However, if it is needed, see 3212 Assessing the Child’s Safety before Implementing a Safety Plan or Family-Initiated Parental Child Safety Placement (PCSP) and its sub-items.
Although DFPS does not have conservatorship of the child in the PCSP, that child is a member of the family unit. As such, the child must be seen face-to-face each month, and must be included in the parent’s family plan of service, just like a child who remains in the home with the parent.
See:
6242 The Family Plan of Service (FPOS)
If the child is in a PCSP that crosses county or regional boundaries, the primary caseworker for the case must arrange for the child and caregiver to be seen monthly by requesting courtesy supervision (see 6412.1 Courtesy Supervision – Contact across Regional Lines. If there is more than one child in a PCSP, the primary caseworker is responsible for coordinating monthly face-to-face contact for each of the children.
See also:
3214 Extending a Family-Initiated PCSP Past 60 Days