6600 Case Planning with Relatives and Other Kinship Caregivers

CPS February 2017

Services to Kinship Caregivers

For general information on kinship care, see the Services to Kinship Caregivers Resource Guide.

Kinship care refers to the care of a child by relatives or close family friends (also known as fictive kin). CPS is generally required to place a child with a kinship caregiver, when the child must be removed from the child’s home, because it maintains the child’s connections with his or her family and community.

6610 Identifying a Potential Relative Placement Before the Adversary Hearing

CPS February 2021

Before the adversary hearing, the caseworker must complete the following tasks to determine if it is in the child’s best interest to be placed with a potential substitute caregiver identified on Form 2625 Child Caregiver Resource:

Contact potential caregivers listed on Form 2625 and determine their level of interest.
Inform the potential caregiver of the requirement for CPS and criminal history checks on household members and regular visitors before beginning the home assessment process.
Request demographic information on all household members and regular visitors including:
- Dates of birth.
- Social Security or legal permanent resident numbers.
- Current address.
- Addresses for any residences outside of Texas in the previous three years.
Conduct and review a CPS background check and a criminal history check of each interested person listed on Form 2625.
Conduct and review a CPS background check and a criminal history check of each household member who is 14 years old or older, and for regular visitors. See 6612 Conducting Background Checks.
Conduct a preliminary kinship caregiver home assessment of the potential kinship caregiver determined to be the most suitable (see Form 6588 Kinship Caregiver Home Assessment). If the child is in a Parental Child Safety Placement (PCSP) at the time of removal and the PCSP has been approved, a preliminary home assessment is not required.
Conduct a home visit to ensure that CPS has identified and addressed any physical safety threats.

At placement the caseworker must provide Form 2279 Placement Summary and the child’s sexual history report, Attachment A, to the kinship caregiver, obtain signatures from all adults living in the home who have unsupervised access to the child, and upload the signed document into One Case.

Within 48 hours of the placement the caseworker must:

Initiate a full kinship assessment (to include a PCSP home where the child was living at the time of the removal).
Refer for immediate assignment of a kinship development caseworker (KDW).

For specific requirements about locating and providing notification to relatives, see 3221 Notification and Assignment of Conservatorship Caseworker.

6611 Referring a Relative Who Is Interested in Caregiving

CPS February 2017

If the relative is interested in becoming a temporary caregiver for the child, see 7300 Training Foster and Adoptive Applicants.

6612 Conducting Background Checks

6612.1 Conducting and Evaluating DFPS History Checks

CPS October 2020

For each potential kinship caregiver being considered for placement, the caseworker must:

Conduct a search in IMPACT for any DFPS history on each person in the household who:
- Is 14 years of age or older.
- Is a regular visitor to the home.
- Cares for the child (for example, a babysitter).
Check child abuse and neglect registry records in other states where each potential kinship caregiver has lived in the past five years, as applicable.

6612.11 If No DFPS History Is Found

CPS October 2020

If the caseworker does not find any DFPS history of abuse or neglect for the potential kinship caregiver, or for all household members over age 14, the caseworker must proceed with the home assessment. Refer to 6620 Contacting and Placing with a Potential Caregiver After the Removal.

6612.12 If DFPS History Is Found

CPS October 2020

If the caseworker finds DFPS history on anyone living in the home of the potential kinship caregiver, or on any regular visitors to the potential kinship caregiver’s home, the caseworker must document the information in IMPACT.

If there is DFPS history with a disposition of Reason to Believe (RTB) on a potential kinship caregiver or any household member age 14 and older, the caseworker must not place the child in the home, unless an exception is met.

If a placement is not made because of a DFPS disposition of Reason to Believe, the person who received the disposition and is designated as a perpetrator may request a Placement Review of Findings by a CPS resolution specialist to determine whether the findings should stand.

6612.13 If the Finding Is Overturned

CPS October 2020

If a Placement Review of Findings results in a Reason to Believe (RTB) disposition being overturned and there is no other DFPS or criminal history that affects the potential caregiver’s eligibility for placement, the caseworker must proceed to 6623 Completing a Risk Assessment and a Written Home Assessment of the Kinship Caregiver.

6612.14 If the Finding Is Not Overturned

CPS February 2017

If the Placement Review of Findings does not overturn a finding, the caseworker generally does not place the child unless an exception is met.

A caseworker must never place a child in a home if there is an open CPS investigation or CPS is providing family-based safety services (FBSS), family substitute care stage (FSU), substitute care (SUB), or family reunification stage (FRE) to the potential kin caregiver.

Exceptions to this limitation are:

• a sibling placement with a parent who is not the biological parent of both siblings; and

• family reunification with the parent of one sibling when siblings are placed together.

6612.15 Exceptions

CPS October 2020

Reason to Believe (RTB) for Medical Neglect, Physical Neglect, Refusal to Accept Parental Responsibility, and Abandonment

If the Placement Review of Findings does not overturn a finding, the child’s caseworker may make a placement only if the program director approves the placement. See:

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

Appendix 4525: Offenses From the Texas Penal Code, Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

RTB for Physical or Sexual Abuse

If the Placement Review of Findings does not overturn a finding, the child’s caseworker may make a placement only if there are extraordinary circumstances. The CVS caseworker’s program administrator and regional director must approve the placement.

If the family is ruled out for further consideration of based on a CPS history, the caseworker must take the actions described in 6615 If a Potential Kinship Caregiver is Denied Further Consideration.

If CPS decides to give the potential caregiver further consideration, the caseworker must complete a Kinship Safety Evaluation. See 6625 Requirements for a Kinship Safety Evaluation.

When the child has not yet been placed in the home or the program administrator or program director determines it’s in the child’s best interest, the child’s caseworker must complete the Kinship Safety Evaluation (KSE).
The kinship development worker (KDW) ensures the KSE is completed when the situation meets all the following criteria:
- The child resides in the kinship home at the time of the home assessment.
- At least one child residing in the home is in DFPS care.
- The kinship placement has already been assigned a KDW. The CVS supervisor or program director must provide guidance to the KDW in addressing the identified concerns for the purpose of the KSE.

6612.16 Warning the Potential Caregiver

CPS February 2017

If CPS approves a potential caregiver with a finding of Reason to Believe as the permanent placement for a child, the caseworker must inform the potential caregiver that he or she may not be approved as a foster or adoptive parent for the child, depending on the outcome of a subsequent risk evaluation needed to meet Child Care Licensing minimum requirements, if eligible.

If not approved as a foster or adoptive parent, the potential caregiver will not be eligible for foster care maintenance payments, adoption assistance payments, or Permanency Care Assistance payments.

Being unaware of this policy could create significant hardship for the child and the potential caregiver.

6613 Conducting a Criminal History Check

CPS October 2020

For each potential kinship caregiver who has not been ruled out based on DFPS history, the caseworker must initiate criminal background checks and evaluate any history on both of the following:

Each household member who is 14 years of age or older.
Regular visitors to the home.

See:

6613.1 Determining the Consequences of a Criminal History

6612.1 Conducting and Evaluating DFPS History Checks.

To complete a thorough criminal history check, the caseworker must do all the following:

Verify the identities of the caregivers, household members, and regular visitors.
Obtain all names that members of the household and regular visitors have ever used, including aliases and maiden names. Verify the spelling of all names.
Obtain dates of birth, Social Security numbers and driver license numbers. If the person does not have a Social Security or driver license number, see Alternate Forms of Identification, below.
Initiate the criminal background check through IMPACT within two business days of the kinship family agreeing to the request for placement, even if a criminal background was completed for a parental child safety placement or other previous CPS involvement before CPS was granted conservatorship.

Alternate Forms of Identification

If the person does not have a Social Security or driver license number, the person may provide:

Another form of state or federal identification.
A driver license or other form of identification from another country.
A form of identification that includes a picture, such as a credit card, library card, employee badge, or school identification. The identification must be consistent with other identification documentation.

If a person does not have an acceptable form of identification, the placement cannot be made.

Caregivers Living in Texas for Fewer than Three Years

If the kinship caregiver, household members 14 years or older, or anyone who cares for the child being assessed has not lived in Texas for the past three consecutive years, CPS must perform both of the following:

A Texas criminal history check.
An FBI fingerprint check.

See 1810 Legal Requirements for Criminal Records Checks.

6613.1 Determining the Consequences of a Criminal History

CPS February 2017

If any member of the potential kinship caregiver’s household has a criminal history, the caseworker must determine the type of criminal history and its effect on kinship placement, using the table in Appendix 4525: Offenses From the Texas Penal Code, Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

Convictions

Convictions have the following impact on the approval of a potential kinship caregiver’s home:

• absolute bars, unless the regional director grants an exception following a Kinship Safety Evaluation;

• five year bars, unless the regional director grants an exception following a Kinship Safety Evaluation;

• other offenses that may preclude placement, unless the program director grants approval following a Kinship Safety Evaluation;

It is important to distinguish the consequences of criminal history in a kinship placement from the consequences in a potential foster or adoptive home. Even though a kinship home is approved following a Kinship Safety Evaluation, if the home applies to become verified to foster or approved to adopt, Residential Child Care Licensing may reach a different conclusion about the safety of the home.

• the caseworker and supervisor must consider other criminal convictions not listed in Chart 2 in relation to a potential kinship caregiver’s ability to provide a safe home for the child.

History Other Than Convictions

A deferred adjudication of an indictment or a complaint for an offense that would constitute a permanent or temporary bar or other offenses, as described above, may prohibit placement, depending on the offense. When such history exists, a program director or regional director may need to provide approval.

Staff generally does not approve placement if a potential kinship caregiver or household member 14 years or older:

• has an offense for which the person received a deferral of adjudication, and they have not successfully completed probation;

• is indicted for an offense; or

• is the subject of a criminal complaint that has been accepted by a district or county attorney for prosecution.

Staff may grant exceptions following the guidelines used in the case of a conviction for the same offense. See in Appendix 4525: Offenses From the Texas Penal Code, Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

Being investigated for a criminal offense or having been arrested for a criminal offense does not indicate guilt or innocence and should not be weighed the same as a criminal conviction. However, as part of the overall home assessment process, the caseworker should consider and address situations in which a potential caregiver or household member:

• has an arrest history related to child safety; or

• is currently under investigation for an offense.

If the caseworker cannot make a determination, he or she must consult with the supervisor.

If the supervisor cannot make a determination, he or she must consult with appropriate resources in the region, such as the program director or a staff member in the Foster and Adoption Development program.

6613.2 Considering the Totality of the Circumstances

CPS February 2017

When evaluating history that is not an absolute bar to placement, the caseworker must consider the totality of the circumstances and other factors that may affect the overall decision for placement.

While staff must consider all convictions and any other pertinent criminal history information, the presence or absence of a criminal history is only one of many factors staff must weigh in determining whether a potential kinship caregiver can provide a safe and stable home for a child in conservatorship.

Staff should not automatically assume that:

• a kinship caregiver can provide a safe and stable home because there is no criminal history;

• a potential kinship caregiver should not automatically be ruled out solely based on a criminal history, without considering its impact for placement; and

• a particular conviction or history should not be considered in relation to a child’s safety because it is not addressed in the table in Appendix 4525: Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

The weight given to an individual’s history varies based on:

• the type of conviction;

• the length of time since the conviction;

• the individual’s rehabilitation; and

• information provided by references.

Factors that may support approval of a potential caregiver’s home, despite otherwise barred criminal history, include:

• the conviction occurred many years ago;

• the conviction was an isolated occurrence;

• there is a pre-existing relationship between the child and the potential caregiver or child’s family;

• the child has been safely living in the home for several months or more;

• the individual whose history is being evaluated demonstrates rehabilitation;

• the bar is temporary and will expire in the near future;

• the kinship caregiver demonstrates sufficient protective capacity; or

• any combination of the above.

Factors that may support denial of a potential caregiver’s home on the basis of criminal history include the following:

• the conviction is for a sexual offense;

• there is minimal or no relationship between the potential caregiver and the child or the child’s family;

• the individual whose history is being evaluated demonstrates no rehabilitation;

• the conviction is recent; or

• there is significant criminal history, particularly convictions, in addition to the potentially barred conviction.

6614 If More Than One Potential Kinship Caregiver Is Under Consideration

CPS February 2017

If, after completing IMPACT and criminal history checks, the caseworker identifies more than one person as a potential caregiver for the child, the caseworker must take the following steps to determine the most appropriate caregiver:

• consider the wishes of the family. The caseworker may hold a family group conference to try and determine the family’s wishes. See 1121 Family Group Decision-Making (FGDM);

• consider the totality of the circumstances in the potential kinship caregivers’ homes, including the relationship between any potential caregiver and the child;

• consider CPS policy (see 4114 Required Factors to Consider When Evaluating a Possible Placement); and

• consult with the caseworker’s supervisor to determine the most appropriate caregiver, and conduct a written home assessment for that caregiver (see 6623 Completing a Risk Assessment and a Written Home Assessment of the Kinship Caregiver).

6614.1 Determining Whether to Proceed with Kinship Caregiver Home Assessment

CPS February 2017

Once staff makes a determination about the impact of a criminal history using the table in Appendix 4525: Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes, the caseworker must consult with the supervisor to determine whether to proceed with the kinship home assessment. The caseworker must document the staffing in IMPACT on the Contact Detail or Monthly Evaluation pages.

6614.2 Informing Potential Kinship Caregivers of Potential Consequences of Criminal History

CPS February 2017

If staff decides to move forward with the kinship home assessment, the caseworker must warn a potential caregiver who has a criminal history or a household member with criminal history that, even if approved for a kinship placement, he or she is not guaranteed kinship assistance or approval to foster or adopt. The caseworker must also inform the potential caregiver that he or she may even be barred from being a foster or adoptive parent, which may also make him or her ineligible for Adoption Assistance and Permanency Care Assistance.

DFPS Rules, 40 TAC §§745.651; 745.657

Although the information is discussed during the kinship home assessment and the warning is printed on Form 0695 Kinship Caregiver Agreement, the caseworker must specifically inform the potential kinship caregiver to help him or her understand the consequences of his or her criminal history.

6615 If a Potential Kinship Caregiver Is Denied Further Consideration

CPS February 2017

If CPS rules out the family for further consideration, the caseworker must inform the kinship caregiver about the decision. If the family is ruled out by someone other than the primary caseworker, then that individual must inform the primary caseworker of the decision not to proceed. A written home assessment does not need to be completed in this circumstance, unless ordered by the court. The caseworker must document the decision not to proceed in IMPACT, on the Contact Detail page, by selecting Contact Summary Type and then selecting Kinship Disposition and Summary.

If at any time, a family under review as a potential kinship caregiver is denied for kinship home assessment or placement, the caseworker must:

• ask the potential caregiver if they are willing to be a Permanency Resource for the child;

• inform the potential caregiver that the denial does not necessarily rule out future consideration; and

• assess the next potential kinship caregiver identified on Form 2625 Child Caregiver Resource or in other information the caseworker has gathered.

6620 Contacting and Placing with a Potential Caregiver After the Removal

CPS February 2017

Before CPS can place a child with a caregiver, CPS must complete a DFPS history and background check, DPS criminal history check and a preliminary assessment. CPS policy requires that the checks and preliminary assessment be completed and approved before a child is placed, and the caseworker must complete a home assessment as soon as possible after placement. See 6623 Completing a Risk Assessment and a Written Home Assessment of the Kinship Caregiver.

If the parents or the child has identified a potential kinship caregiver, the caseworker must contact the potential caregiver and:

• explain the reason for the contact;

• verify the potential caregiver’s continued interest in being a placement option;

• inform the potential caregiver of the requirement for CPS and criminal history checks on household members and regular visitors before beginning the home assessment process;

• advise potential kinship caregivers that a contracted home assessment provider will contact them;

• explain the process for completing a written home assessment;

• explain the process for completing a criminal background check;

• inform the potential kinship caregiver that CPS requires face-to-face interviews with all household members, three years of age and older, in order for an assessment to be considered complete;

• inform the potential kinship caregiver that CPS requires three non-relative and two relative references;

• request demographic information on all household members and frequent visitors including dates of birth, social security or legal permanent resident numbers, current address, and addresses for any residences outside of Texas in the previous three years;

• explain CPS’s expectations of a kinship caregiver, the court process for a CPS case, and the commitment required of a kinship caregiver; and

• verify the family’s contact information is accurate.

6621 Placing with a Relative after the Adversary Hearing

CPS February 2017

After CPS places a child with a relative or other designated caregiver, following the DFPS background check, DPS criminal history check, and the preliminary assessment, the child’s caseworker must follow the policies outlined in the steps of the home assessment process.

See:

6614.1 Determining Whether to Proceed with Kinship Caregiver Home Assessment

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

6623.2 The Written Home Assessment

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

6622 Presenting a Preliminary Written Assessment

CPS February 2017

Before submitting a preliminary assessment, the caseworker must:

• complete CPS and criminal history checks on the potential kinship caregiver and household members who are regular visitors;

• visit the potential kinship caregiver’s home at least once to determine the level of safety, permanency, and well-being he or she can offer the child being placed;

• complete a risk assessment (Form 2049) on the prospective caregiver’s home; and

• obtain a supervisor’s approval and complete a preliminary written home assessment. See Form 6587 Preliminary Kinship Caregiver Home Assessment.

If a Parental Child Safety Placement (PCSP) assessment has already been completed, it may be used instead of the preliminary written assessment.

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

CPS February 2017

Before CPS can place a child with a kinship caregiver, or recommend to the court that the child be placed, the child’s caseworker or contracted provider must assess the caregiver’s suitability by completing:

• a written assessment of a kinship caregiver’s home, using Form 6588 Kinship Caregiver Home Assessment Template; and

• a risk assessment, using Form 2049 Risk Assessment.

Either CPS staff or a contractor may complete the written home assessment and risk assessment.

6623.1 The Risk Assessment

CPS February 2017

When seeking to place a child with a kinship caregiver, either temporarily or permanently, the caseworker must pay attention to the risk and safety issues that may be present.

After obtaining the results of the risk assessment, the caseworker or contractor must:

• incorporate the risk results into the written home assessment;

• attach the risk results to the written home assessment; and

• submit the written home assessment for approval, using Form 6588 Kinship Caregiver Home Assessment Template.

6623.2 The Written Home Assessment

CPS August 2017

Timeframes for Completing Home Assessments

The point at which the parents identify potential kinship caregivers determines the date by which the caseworker must complete the written home assessment.

If kinship caregivers are identified …	then, for each caregiver who is not ruled out, the caseworker must…
at the time of removal …	provide a written home assessment at the adversary hearing.
within one or two days of removal …	provide a written home assessment at the adversary hearing.
three or more days after removal, but before the adversary hearing …	provide, with supervisory approval: • a preliminary written home assessment at adversary hearing; and • a full written assessment within 15 days after the adversary hearing.
at the Family Group Decision-Making (FGDM) Conference …	complete a written home assessment 15 working days after the caregivers are identified.
at other times in the case …	complete a written home assessment 30 working days after the caregivers are identified.

If the risk assessment (Form 2049) identifies concerns, the caseworker or contractor must ensure that the written home assessment addresses the concerns.

If the family had a prior DFPS history that required a program director approval regarding a Reason to Believe or a review of findings and a kinship safety evaluation (KSE), the caseworker must attach the findings and the KSE to the home assessment.

The written home assessment must also address any:

• relevant background;

• mitigating factors;

• rehabilitation; and

• any other issues relevant to why the caseworker recommends approving placement despite the concerns.

The kinship development caseworker must create a developmental plan to address concerns identified in the home assessment. See 6641 The Duties of the Kinship Development Caseworker.

See:

6612.1 Conducting and Evaluating CPS History Checks

6613 Conducting a Criminal History Check

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

CPS October 2020

The supervisor must review the home assessment and determine the appropriate approval process based on the table below. Once the home assessment is approved, CPS must make a determination about placing the child in the caregiver’s home. The caseworker must receive supervisor approval before placing a child in a kinship caregiver’s home.

If…	Then…
There are no concerns regarding CPS history, criminal history, or child safety…	The home assessment only requires the supervisor’s approval. The caseworker refers the case to the Kinship Program no later than two days after placement.
The home assessment requires a Kinship Developmental Plan due to identified concerns…	The supervisor documents requirements for addressing the identified concerns in the home assessment before approval. If the identified concerns require protective actions, the caseworker coordinates with the caregiver to implement the required actions. The supervisor approves with conditions. Upon placing the child in the home, the kinship development worker develops a Kinship Developmental Plan with the caregiver.
The potential kinship caregiver’s home assessment establishes the child would be safe in the home, and the potential caregiver or someone 14 years of age or older who lives in the potential caregiver’s home possesses any of the following history: • RTB other than PHAB or SXAB. • Criminal history other than a 5-year or absolute bar (including deferred adjudication without completion of probation, indictment, or criminal complaint in this category) and which requires a Kinship Safety Evaluation as outlined in Appendix 4525: Offenses From the Texas Penal Code.	1. The caseworker submits the Kinship Safety Evaluation in accordance with 6625 Requirements for a Kinship Safety Evaluation (KSE). 2. The program director reviews 6612.12 If CPS History is Found and 6613.1 Determining the Consequences of a Criminal History to determine if the home assessment can be conditionally approved and if placement of the child is appropriate pending the results of the KSE. 3. The program director who conditionally approved the home assessment must approve the KSE and placement of the child in the caregiver’s home.
The potential kinship caregiver’s home assessment establishes the child would be safe in the home, and the potential caregiver or someone 14 years of age or older who lives in the potential caregiver’s home has any of the following history: • RTB for PHAB or SXAB. • Criminal history that is an absolute or 5-year bar (including deferred adjudication without completion of probation, indictment, or criminal complaint in this category) and which requires a Kinship Safety Evaluation as outlined in Appendix 4525: Offenses From the Texas Penal Code.	1. Follow steps 1–3 above. 2. The caseworker documents the extraordinary circumstances and compelling justification to support approval of the placement despite history in the Kinship Safety Evaluation. 3. The caseworker obtains program administrator and regional director approval of Kinship Safety Evaluation and placement of child in the caregiver’s home.

If…

Then…

There are no concerns regarding CPS history, criminal history, or child safety…

The home assessment only requires the supervisor’s approval.

The caseworker refers the case to the Kinship Program no later than two days after placement.

The home assessment requires a Kinship Developmental Plan due to identified concerns…

The supervisor documents requirements for addressing the identified concerns in the home assessment before approval. If the identified concerns require protective actions, the caseworker coordinates with the caregiver to implement the required actions. The supervisor approves with conditions.

Upon placing the child in the home, the kinship development worker develops a Kinship Developmental Plan with the caregiver.

The potential kinship caregiver’s home assessment establishes the child would be safe in the home, and the potential caregiver or someone 14 years of age or older who lives in the potential caregiver’s home possesses any of the following history:

• RTB other than PHAB or SXAB.

• Criminal history other than a 5-year or absolute bar (including deferred adjudication without completion of probation, indictment, or criminal complaint in this category) and which requires a Kinship Safety Evaluation as outlined in Appendix 4525: Offenses From the Texas Penal Code.

1. The caseworker submits the Kinship Safety Evaluation in accordance with 6625 Requirements for a Kinship Safety Evaluation (KSE).

2. The program director reviews 6612.12 If CPS History is Found and 6613.1 Determining the Consequences of a Criminal History to determine if the home assessment can be conditionally approved and if placement of the child is appropriate pending the results of the KSE.

3. The program director who conditionally approved the home assessment must approve the KSE and placement of the child in the caregiver’s home.

• RTB for PHAB or SXAB.

• Criminal history that is an absolute or 5-year bar (including deferred adjudication without completion of probation, indictment, or criminal complaint in this category) and which requires a Kinship Safety Evaluation as outlined in Appendix 4525: Offenses From the Texas Penal Code.

1. Follow steps 1–3 above.

2. The caseworker documents the extraordinary circumstances and compelling justification to support approval of the placement despite history in the Kinship Safety Evaluation.

3. The caseworker obtains program administrator and regional director approval of Kinship Safety Evaluation and placement of child in the caregiver’s home.

If Home Assessment is Denied
Reason Home Assessment is Denied	Action
Criminal or CPS history	See: 6612 Conducting Background Checks 6613 Conducting a Criminal History Check 6624.1 Appeal Process for Denied Home Assessment
Incomplete home assessment. The home assessment does not contain sufficient information.	The caseworker returns the home assessment to the provider for completion and does not place the child.
Placement is not in the child’s best interest.	The caseworker completes a Kinship Disposition Summary in IMPACT and notifies the relative and all legal parties.

6624.1 Appeal Process for Denied Home Assessment

CPS February 2018

A potential kinship caregiver has the right to request an appeal to challenge the denial of a home assessment when the denial was based on a conviction of a low-risk criminal offense (see Appendix 4525: Offenses From the Texas Penal Code). If a denial is overturned as a result of the appeal process, the caseworker and supervisor must staff the case to determine if placing the child with the kinship caregiver is in the child’s best interest. If placement with the kinship caregiver is not in the child’s best interest, the caseworker and supervisor must explore if there are other ways that the relative or fictive kin can support and maintain a connection with the child.

6624.11 Notifying the Kinship Caregiver of the Appeal Process

CPS February 2018

The person who denies the home assessment must:

• send the potential kinship caregiver a letter notifying him or her about the denial due to a low risk criminal offense;

• provide the name and address of the conservatorship program administrator (CVS PA) assistant, so that the appeal request can be routed to the CVS PA assistant when DFPS receives it; and

• attach to the letter Form 6583 Request to Appeal a Denied Home Assessment Based on a Low-Risk Criminal Offense.

If the potential kinship caregiver wants to request an appeal, he or she must complete and return Form 6583 to begin the review process. DFPS must conduct the appeal within 15 calendar days of receiving the request.

6624.12 Conducting the Appeal

CPS February 2018

The CPS regional director designates the person who will conduct the appeal.

Once DFPS receives Form 6583 from the individual, the designated staff must contact the potential kinship caregiver and schedule a date (within 15 calendar days) and time to discuss, either in person or by phone, the potential kinship caregiver’s criminal history.

The designated staff conducting the appeal must request a copy of the criminal history and the home assessment from the caseworker and review them. Staff should be mindful that kinship caregivers often work and may need to reschedule their appeal. Staff must make every effort to work with the potential kinship caregiver to allow her or him an opportunity to provide information and documentation related to the criminal offense.

The appeal is not a formal hearing and does not include a formal examination and cross-examination of witnesses. However, during the appeal process the potential kinship caregiver has the opportunity to present information, including written documentation. The appeal may be conducted either in person or by phone.

The appeal is a review of the decision to disqualify the person from serving as a potential kinship caregiver and must include consideration of:

• when the person’s conviction of a low-risk criminal offense occurred;

• whether the person has multiple convictions; and

• the likelihood that the person will commit fraudulent activity in the future.

After the potential kinship caregiver has completed the appeal interview, the designated staff must consult with the CVS supervisor and program director to reflect upon the interview and any written information regarding the circumstances surrounding the offense. After consulting with the CVS supervisor and program director, the designated staff conducting the appeal makes a determination considering the totality of circumstances. See 6613.2 Considering the Totality of the Circumstances.

6624.13 Notifying the Kinship Caregiver of the Appeal Determination

CPS February 2018

After a determination is made to uphold or overturn a denial, the CPS regional director’s designee must provide written notification of the decision to the potential kinship caregiver who requested the review.

If the denial is upheld, the letter must explain how the criminal history impacts the safety, well-being, or placement stability of the child. If the denial is overturned, CVS must determine if placement is in the child’s best interest. See 4114 Required Factors to Consider When Evaluating a Possible Placement. If the child is not placed in the potential kinship caregiver’s home, the caseworker must explore how the relative or kin can be a permanency resource for the child, which may include, but is not limited to, the following:

• Sending letters and gifts.

• Having phone contact.

• Visiting with the child, including holiday visitation.

• Providing transportation for the child.

• Participating in the child’s extracurricular activities, such as attending little league games or school performances.

• Providing family information and photos.

• Providing family contact information.

• Babysitting.

• Other involvement as determined by CPS and the family.

If the child is not placed with the kinship caregiver, the relative or kin can be considered for placement at a later time, if there is a change in permanency goals or if placement is needed in the future.

6624.14 Case Documentation

CPS February 2018

The designated staff must ensure a copy of the determination letter is provided to the caseworker and filed in the case file.

6625 Requirements for a Kinship Safety Evaluation (KSE)

CPS October 2020

When criminal or DFPS history prevents approval of the kinship caregiver’s home assessment, a Kinship Safety Evaluation (KSE) must be completed. The kinship development worker ensures the KSE is completed when the case meets the following criteria:

DFPS has custody of at least one child residing in the home at the time the home assessment is approved or denied.
The Kinship stage is open, or the kinship caregiver has been referred to the Kinship program.

The child’s caseworker completes the KSE when any of the following situations apply:

The child has not yet been placed in the home.
The Conservatorship program director or supervisor determines it is in the child’s best interest.

The KSE must include specific recommendations provided by the supervisor or program director who evaluated the Kinship Caregiver Home Assessment.

To complete the KSE, the caseworker must do all the following:

Describe the nature and seriousness of the CPS case or crime for which the potential kinship caregiver or household member was convicted, including any other prior history.
Obtain a copy of the report on the administrative review of investigative findings (ARIF), in the case of a Reason to Believe (RTB) finding.
State the age of the person at the time of the DFPS case or crime, if pertinent.
State the time that elapsed since the person’s last DFPS case or criminal history.
Explain the evidence of rehabilitative efforts, including any information gathered from collaterals that supports the evidence.
Summarize why the person does not pose a safety threat to the children.
Indicate whether the conviction would be an absolute or temporary bar to becoming a foster or adoptive home or would otherwise require Residential Child Care Licensing (RCCL) to conduct a risk evaluation.
Explain what the caseworker told the caregiver about the impact of the conviction or DFPS abuse or neglect history and whether the caregiver understood that the conviction or DFPS abuse or neglect history will or may do the following:
- Exclude the caregiver from being verified as a foster home or an approved adoptive home.
- Limit the caregiver’s ability to receive financial assistance to care for the child.
Explain in detail why the caseworker recommends placing the child in the home.
Cite the date of the program director’s approval to proceed with the home assessment despite the caregiver’s DFPS abuse or neglect or criminal history.
Submit the evaluation for approval as outlined in 6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home.

For absolute and five-year bars that require regional director approval following the KSE, the documentation must also do the following:

Describe the extraordinary circumstances that exist to justify the kinship placement despite the criminal history or DFPS history of abuse or neglect.
Present compelling justification as to how the caregiver will ensure the child’s safety in the kinship home.

Much of this information may already be in the kinship home assessment. However, the caseworker must summarize it in the KSE in a way that makes it clear why the potential kinship caregiver’s home is safe despite the criminal history or DFPS history of abuse or neglect.

A KSE may not be used to approve a home assessment for payment.

6630 Requesting Special Court Action for Placement with Fictive Kin

CPS February 2017

Unless court approval is required first, the caseworker must give the court and all parties to the suit 10 days written notice of the plan to place the child with a caregiver who is the child’s fictive kin before proceeding with the placement. Written notice is not required if the placement plans are discussed in court or ordered by the court.

See the Services to Kinship Caregivers Resource Guide, under Definitions.

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

CPS February 2017

If all requirements and necessary approvals are obtained in 6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home, then the caseworker must:

• request court approval to proceed with the placement;

• inform the court about the following:

• a potential kinship caregiver or household member’s specific CPS history of abuse or neglect or criminal history; and

• how that history affects the ability to verify the caregiver as a foster home or approve the caregiver as an adoptive home later in the case; and

• obtain the court’s approval to proceed with the placement and follow instructions in 6614.2 Informing Potential Kinship Caregivers of Potential Consequences of Criminal History.

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

CPS February 2017

Immediately Inform the Supervisor and Attorney

If the court places a child before a home assessment has been completed, and the home assessment recommends against placement, the caseworker must immediately:

• inform his or her supervisor;

• inform the attorney representing CPS;

• provide the supervisor and attorney with a copy of the home assessment; and

• consult with the supervisor and attorney about next steps, which include informing the court and possibly setting a hearing.

Informing Other Parties

After informing the supervisor and CPS attorney, the caseworker must inform the other parties to the suit, including the:

• attorney ad litem for the child;

• attorney for the parents;

• parents, unless their whereabouts are unknown;

• court appointed special advocate (CASA); and

• guardian ad litem for the child, if the guardian ad litem is not one of the parties listed here.

If the child is to remain in placement, the kinship development caseworker must create a developmental plan to address any safety threats. See 6641 The Duties of the Kinship Development Caseworker.

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

CPS October 2020

Immediately Inform the Supervisor and Attorney

CPS may not place a child in a home with a denied home assessment. However, if the court orders the placement despite knowing that the home assessment is denied, the child’s caseworker must immediately do the following:

Inform his or her supervisor.
Inform the attorney representing CPS.
Provide the supervisor and attorney with a copy of the home assessment.
Consult with the supervisor, program director, program administrator, and attorney within 10 business days about next steps, including:
- Identifying additional potential caregivers.
- Discussing how the negative assessment may affect eligibility for Kinship Monthly Reimbursement Payments and the child’s permanency goal.
Create a developmental plan to address any identified safety or risk issues and to ensure the child’s safety. The plan must be shared with the kinship development worker and the local permanency specialist, if applicable.
Refer the kinship caregiver to the Kinship Program.

If a court orders a child to a placement where CPS believes the child is unsafe, the case must be staffed between the child’s caseworker, supervisor, program director, and program administrator the day of the order or the day the safety concerns are identified to determine the next steps to ensure child safety.

Inform Other Parties

After informing the supervisor and CPS attorney about the court-ordered placement, the child’s caseworker must inform the other parties to the suit, including the:

Attorney ad litem for the child.
Attorney for the parents.
Parents, unless their whereabouts are unknown.
Court appointed special advocate (CASA).
Guardian ad litem for the child, if the guardian ad litem is not one of the parties listed here.

6632 Referring Across Regional Lines for Kinship Home Assessments and Services

CPS February 2017

When a caseworker makes a referral either for kinship services or for a kinship home assessment to another region, the caseworker must complete and send the following forms to the conservatorship (CVS) program administrator or designated mailbox for the receiving region:

• Form 2077 Inter-Regional Courtesy Agreement

• Form 6581 Request for Kinship Home Assessment or Services

• All required attachments outlined at the bottom of Form 6581

If a kinship caregiver home assessment is requested, the sending region mails the potential kinship caregiver:

• Form 0398 Kinship Profile Questionnaire, so that the prospective caregiver can begin answering the questions that will be asked during the assessment;

• Kinship Manual (formerly known as Form 0397 Important Information for All Potential Kinship Caregivers), so that the prospective caregiver has information about the home assessment process; and

• Form 0399 Kinship Release of Information and Acknowledgement.

The receiving region assigns a caseworker in that region to conduct the home assessment. The caseworker must bring all necessary forms to the home assessment visit for the potential kinship caregivers in case they did not receive them. This caseworker also must collect the signed Form 0399 Release of Information and Acknowledgement for the case file.

Placement Recommendations

The receiving region should not, and does not, make placement recommendations or decisions. The caseworker in the receiving region who is assigned to conduct the assessment is only responsible for listing the strengths and concerns of the potential kinship caregivers.

A supervisor or above in the placing (sending) region must make placement recommendations or decisions.

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

CPS February 2017

Once all prerequisites have been met, the caseworker must conduct a pre-placement visit with the child and caregiver. With supervisory approval, the caseworker may make a placement without conducting a pre-placement visit if the proposed caregiver is a relative or fictive kin who:

• has a long-standing or significant relationship with the child; and

• has provided care for the child at any time during the 12 months preceding the date of the proposed placement.

After the completing the pre-placement visit, the caseworker places the child with the kinship caregiver. See 4122.3 During the Pre-Placement Visit for more details on how to conduct pre-placement visits.

6634 Critical Forms and Discussion Required at the Time of Placement

CPS February 2021

At the time of placement, the child’s caseworker provides the kinship caregiver with copies of the following:

Form 2279 Placement Summary and the child’s sexual history report, Attachment A. All adults living in the home who have unsupervised access to the child must sign the form.
Form 0696 Kinship/TANF Program Letter.
DFPS Kinship Caregiver Manual.
Form 0695 Kinship Caregiver Agreement. The caseworker must review and discuss this agreement with the kinship caregiver.

6634.1 Kinship TANF Letter

CPS October 2020

Form 0696 Kinship/TANF Program Letter is a letter to the Temporary Assistance to Needy Families (TANF) worker. It does the following:

Explains the kinship caregiver’s role with CPS.
Clarifies that the kinship caregiver is not a paid foster home.

The child’s caseworker or kinship development worker must:

Complete Form 0696 Kinship/TANF Program Letter.
Provide Form 0696 to the relative to use when applying for Temporary Assistance to Needy Families (TANF).

6634.2 Caseworker Discussion with Kinship Caregiver at the Time of Placement

CPS October 2020

Upon placement of the child, the caseworker must review Form 0695 Kinship Caregiver Agreement with the caregiver and provide a copy of it to the caregiver. The caseworker must inform the caregiver of his or her rights and duties as a kinship caregiver, including the following:

Explaining the kinship caregiver’s eligibility for the financial benefits described in 6650 Financial Assistance Available to a Kinship Caregiver.
Discussing the kinship caregiver’s option, if qualified, to become a verified kinship foster home.
Explaining the benefits, qualifications, and timeframes for the Permanency Care Assistance Program.

Texas Family Code 264.755

6634.3 Kinship Caregiver Manual

CPS October 2020

The DFPS Kinship Caregiver Manual:

Describes what caregivers can expect as well as their responsibilities while caring for a child who is in the legal custody of CPS due to abuse or neglect.
Is a resource for unverified kinship caregivers to meet the child’s short-term needs, helping to stabilize the placement.

Texas Family Code §261.3071

6634.4 Kinship Caregiver Agreement

CPS October 2020

Form 0695 Kinship Caregiver Agreement is the agreement between DFPS and the unverified kinship caregiver. It describes:

The caregiver’s responsibilities.
DFPS’s responsibilities.
Financial assistance for caregivers.

The caregiver and caseworker must review and sign the agreement for the caregiver to be eligible for the Kinship Monthly Reimbursement.

6640 The Kinship Development Caseworker

6641 Duties of the Kinship Development Worker

CPS June 2022

The kinship development worker (KDW) is a CPS position designed specifically to provide support and resources for kinship caregivers.

The KDW is responsible for finding local resources to meet the needs of the child or youth and the caregiver.

Specifically, the KDW does all of the following:

Provides training, individually or in groups, to help the kinship caregiver meet the child or youth’s needs.
Provides resources or referrals to resources to ensure the placement is stable. For example, the KDW may refer the family to programs providing financial assistance, child care, counseling, remedial educational, or academic enrichment.
Assesses kinship families continually to determine safety in the home as well as strengths and needs.
Helps with permanency planning for the child or youth, along with the child or youth’s substitute care caseworker.
Provides support for the kinship caregiver’s family in reaching the child or youth’s goals.
Conducts internal staffings and works with the primary caseworker and other DFPS staff to ensure that safety concerns and risk factors are addressed and the child’s needs are being met.

Providing Other Services to the Kinship Caregiver

The KDW also provides these other services to the caregiver:

Ensures that the child or youth’s service plan addresses any issues or concerns identified in the written home assessment.
Ensures that the caregiver has the latest version of the child or youth’s service plan and copies of all other documents or information normally provided to substitute caregivers, as explained in 6634 Critical Forms and Discussion Required at the Time of Placement.
Invites the caregiver to participate in:
- The initial preparation and subsequent reviews of the child or youth’s service plan.
- Family Group Decision-Making (FGDM).
- All court reviews of the child or youth’s case, as long as the child or youth remains in the caregiver’s care.
Explains the medical and dental policies in 11200 Medical and Dental Services.
Reviews Form 3801 Acknowledgement of Permanency Care Assistance and Fostering Connections with the kinship caregiver and provides updates to the primary caseworker.

For more information about initial and ongoing services, see 1121 Family Group Decision-Making (FGDM).

For more information about the Permanency Care Assistance program, see 6680 Permanency Care Assistance (PCA).

6642 Services and Initial Contact with the Kinship Caregiver

CPS June 2022

Preparation for the Initial Face-to-Face Contact

The child or youth’s caseworker must refer the case to the Kinship Program within two business days of the placement.

The kinship supervisor assigns the case to the kinship development worker (KDW). The KDW must make the initial face-to-face contact with the kinship caregiver within 15 calendar days of being assigned the case.

Before the initial visit, the caseworker and KDW must meet to discuss all of the following:

Child or youth’s needs.
Visitation plan.
Permanency goal.
Details of the case.
Caregiver needs.

Before the initial visit, the KDW must also read the home assessment and understand the visitation plan.

Conducting the Initial Face-to-Face Contact

During the initial face-to-face contact, the KDW must do the following:

Provide a copy of the DFPS Kinship Manual.
Complete Form 0695 Kinship Caregiver Agreement if not already completed by the placing caseworker at the time of placement. See 6634.4 Kinship Caregiver Agreement.
Ensure the child or youth’s sexual history report, Attachment A, was provided to the caregiver, signed by all adults living in the home who have unsupervised access to the child or youth, and uploaded into One Case. If the Attachment A was not provided to the kinship caregiver, the KDW reviews the Attachment A with the caregiver, obtains signatures from all adults living in the home who have unsupervised access to the child or youth, and uploads the signed copy into One Case.
Discuss STAR Health benefits and the 3 in 30 review assessments to ensure all of the following have been scheduled or are up to date:
- 3-day medical exam (if child or youth has been removed within the last 30 calendar days).
- Child and Adolescent Needs and Strengths (CANS) assessment.
- Texas Health Steps medical checkup.
- Texas Health Steps dental checkup.
Discuss the benefits, time frames, and eligibility for following:
- The monthly reimbursement and other financial assistance the caregiver may qualify for.
- The process for becoming a verified kinship foster home.
- The Permanency Care Assistance program as outlined in 6680 Permanency Care Assistance (PCA).
Review Form 3801 Acknowledgement of Permanency Care Assistance and Fostering Connections with the kinship caregiver and explain that they must be signed before the court enters a final order.
Tour the home, taking special care to assess the child or youth’s bedroom to determine unmet needs or safety hazards.
Discuss and create a developmental plan if any concerns were identified by the home assessment (whether approved or denied) or caseworker, or during the current visit.
Discuss the need for and availability of kinship caregiver training, which is required to receive the kinship monthly reimbursement.

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

6643.1 Frequency

CPS February 2017

The kinship development caseworker (KDW) must make face-to-face contact with the kinship caregiver at least once every month for the first six months of the placement.

After the 6-month period, the KDW must staff with the kinship supervisor and the conservatorship (CVS) caseworker and CVS supervisor to determine if monthly visits by the KDW may be reduced. This decision is based on:

• improvements made on the kinship developmental plan (if there is one);

• any new resources needed or identified; and

• any change in the household composition.

If staff determines that the KDW may reduce contact based on the family’s progress, the KDW supervisor may set another contact schedule. The new contact schedule for the KDW may not be less than quarterly face-to-face with the kinship caregiver. The CVS caseworker’s visits must continue to be at least once a month.

6643.2 Where Visits Must Occur

CPS February 2017

The initial visit must be in the home of the kinship caregiver.

The majority of the monthly visits must occur in the home (for example, out of seven months of monthly visits four must be in the home).

If the kinship development caseworker’s visits have been reduced to quarterly, all quarterly visits must be in the home.

6643.3 Ending Visits

CPS February 2017

Visits must continue with the kinship caregiver until:

• the child is moved from the home;

• the kinship caregiver becomes licensed as a foster parent and a foster and adoption home development (FAD) or child-placing agency (CPA) case manager is assigned; or

• the legal case is closed.

6644 Preparing for the Visits

CPS June 2022

To prepare for all subsequent visits, the kinship development worker (KDW) must do all of the following:

Review the kinship developmental plan if there is one.
Contact an appropriate collateral.
Confer with the conservatorship (CVS) caseworker for an update on the case (to address safety concerns or changes in the permanency goal or the visitation plan).
Call the Foster and Adoptive Home Development (FAD) worker or child-placing agency (CPA) case manager to check on the current progress for families interested in or currently working toward verification.

6645 Conducting the Kinship Caregiver Visit

CPS June 2022

During each visit with the kinship caregiver, the kinship development worker (KDW) must:

Review the kinship developmental plan, if there is one.
Discuss any barriers to completing tasks on the developmental plan, and work with the kinship caregiver to identify any strategies to address the barriers.
Ask the kinship caregiver if he or she has any issues or concerns.
Discuss the kinship caregiver’s understanding of the verification process and progress toward verification, and provide assistance with issues to expedite the process.
Discuss the kinship caregiver’s understanding of the Permanency Care Assistance program, including the time remaining for eligibility and possible benefits.
Discuss the kinship caregiver’s understanding of the child or youth’s permanency goal and visitation with the parents.
Fully assess the home for safety concerns, new home members, frequent visitors, or outstanding supportive needs for the child or youth and the caregiver. The KDW does the following, depending on the results of the assessment:
- For concerns that potentially affect the child’s immediate safety, the KDW must staff with their supervisor and the child’s primary caseworker during the visit or as soon as the visit ends.
- For all other concerns and related information, the KDW must staff with the supervisor and the primary caseworker within 24 hours.
Discuss with the kinship caregiver how the child or youth functions in general from day to day socially, medically, and educationally.

6646 Actions after each Kinship Caregiver Visit

CPS October 2020

After each visit, the kinship development worker (KDW) must do all the following:

Document the Contact Detail with the caregiver in IMPACT within seven days. Document the Contact Narrative within seven days.
Document a Contact Detail with the child the same day the contact occurs. Document the Contact Narrative within seven days.
Follow up on any needs identified, such as:
- Creating a new kinship developmental plan.
- Referring the kinship caregiver for services.
- Assisting with appointments and visits if needed.
Communicate with the conservatorship (CVS) caseworker about any concerns identified.
Follow up with any barriers to monthly payments or the verification process.

6650 Financial Assistance Available to a Kinship Caregiver

6651 Explaining the Federal Financial Assistance Available to a Kinship Caregiver

CPS January 2018

When a child is placed with a kinship caregiver, the child’s kinship development worker must explain the financial resources that may be available. These resources are also explained in the Kinship Caregiver Manual.

Texas Family Code, §264.755

DFPS Rules, 40 TAC §700.1005

6651.1 When the Caregiver Is Related to the Child

CPS January 2018

If the kinship caregiver is related to the child by blood, marriage, or adoption, he or she may apply to receive services from the Temporary Assistance for Needy Families (TANF) program. The Texas Health and Human Services Commission administers TANF services.

If the kinship caregiver’s family is certified for TANF, the household can be certified to receive a cash benefit and family medical assistance for the child.

The TANF worker explains to the caregiver that it is optional to apply for a child-only TANF grant, in which the caregiver’s income is not included in the benefit calculation and the benefit is provided only for the child.

The caregiver must inform the child’s caseworker if the caregiver plans to apply for the child-only TANF grant.

6651.2 When the Caregiver Is the Child’s Grandparent

CPS January 2018

A kinship caregiver who is also the child’s grandparent may be eligible for an additional Temporary Assistance to Needy Families (TANF) benefit. This additional one-time benefit, known as the TANF Grandparent Grant, provides up to $1,000 to help with the costs of integrating the child into the grandparent’s home.

Refer the grandparent to the Texas Health and Human Services Commission to apply for this benefit.

The general eligibility requirements to receive the TANF Grandparent Grant are as follows:

• The child has been approved to receive a TANF benefit (usually a child-only grant in which the caregiver’s income is not included in the grant calculation, and the grant is provided only for the child).

• The grandparent is 45 years of age or older.

• The grandparent’s income does not exceed 200 percent of the federal poverty limit.

• The family’s resources are less than or equal to TANF resource limits.

The child’s caseworker or kinship development worker must:

• complete Form 0696 Kinship/TANF Program Letter; and

• provide it to the grandparent to use when applying for TANF.

Form 0696 is a letter to the TANF worker:

• explaining the services the kinship caregiver is receiving from DFPS; and

• clarifying that the caregiver is not a paid foster home.

6652 Explaining the DFPS Financial Assistance Available to a Kinship Caregiver

6652.1 Day Care

CPS January 2018

DFPS may provide day care for children in DFPS conservatorship who live with eligible kinship families. DFPS provides day care, in accordance with the policies explained in 8235.5 Kinship Child Day Care, and only as funds are available.

To be eligible for day care services, a kinship caregiver must:

• have formal approval by DFPS, signing and abiding by the Kinship Caregiver Agreement (Form 0695);

• work outside of the home for 40 hours per week; and

• be a resident of Texas.

To apply for day care services, the child’s kinship development worker or caseworker must submit a request to the regional day care liaison.

Each DFPS region has a priority system for the allocation of day care slots.

See 8235.5 Kinship Child Day Care.

DFPS Rules, 40 TAC §§700.1013, 700.1015

6652.2 DFPS Relative and Other Designated Caregiver Program

CPS January 2018

The DFPS Relative and Other Designated Caregiver Program (also referred to as the Kinship Program) provides limited financial assistance to help kinship caregivers care for children. The program provides continuity and stability for children in DFPS conservatorship. All assistance is based on caregiver eligibility and availability of funds.

When a child is placed with a kinship caregiver, the kinship development worker must explain the financial resources that may be available through the program.

Family Code, §264.755

DFPS Rules, 40 TAC §700.1005

See 6651 Explaining the Federal Financial Assistance Available to a Kinship Caregiver.

6652.3 Kinship Reimbursement Payment

CPS January 2018

The Kinship Reimbursement Payment is a monthly payment per child of up to half of the daily basic foster care reimbursement rate paid to a foster family home. The monthly payments are time-limited for the child and may be paid for up to twelve months. However, if DFPS determines there is good cause for an exception, payments may be made for up to an additional six months. Good cause exceptions include:

• identification, release, or location of the child’s previously absent parent;

• waiting for the timeline to expire for an appeal of an order in a suit affecting the parent-child relationship;

• provision of additional time for the caregiver to complete the approval process for verification or adoption of the child;

• waiting for the approval of a child’s placement from another state;

• a delayed determination of the child’s Indian Child status, or waiting for the approval of the Indian Child’s Tribe; and

• any other circumstance surrounding the child or the caregiver for which DFPS decides an extension is necessary.

The conservatorship program administrator must approve all good cause extensions.

6652.31 Eligibility Criteria

CPS October 2020

To qualify for the Kinship Reimbursement Payment, the child and kinship caregiver must meet each of the following criteria during the period of eligibility:

The child being placed is in DFPS conservatorship.
The child is formally placed with a kinship caregiver who has been approved by DFPS through the home assessment process.
The home in which the child is placed is not a verified foster or group home receiving foster care maintenance payments.
The caregiver has signed and is abiding by Form 0695 Kinship Caregiver Agreement.
The caregiver has begun the kinship caregiver training.
The caregiver’s family net income does not exceed 300 percent of the current federal poverty limit. Total family income must include all household members including the parents and anyone who moved into the home on or after initial placement. See the Federal Poverty Income Limit Chart in IMPACT in the Quick Reference Guide under the Help button.

If the kinship caregiver does not meet the eligibility criteria for the Kinship Monthly Reimbursement Payment, and a judge enters an order directing DFPS to make the payments, the caseworker must follow the notification requirements in 5311 Notice Requirements for Elevating Certain Court Orders.

6652.32 Documenting in IMPACT

CPS October 2020

If the kinship caregiver meets eligibility requirements, the kinship development worker must take the following steps in IMPACT:

Generate a resource ID.
Request a Vendor ID.

6652.4 Post-Permanent Managing Conservatorship Annual Reimbursement Payment

CPS October 2020

If the kinship caregiver obtains permanent managing conservatorship (PMC) of the child, and all other eligibility requirements are met, the kinship caregiver may request an annual reimbursement of up to $500 per child for child-related costs. The expenses must meet eligibility requirements. An eligible kinship caregiver may request the reimbursement for the three years immediately following the award of PMC of the child, or until the child reaches age 18, whichever comes first.

DFPS reimburses the caregiver for eligible child-related expenses on the anniversary of the date he or she was awarded PMC of the child. To request reimbursement, the kinship caregiver completes Form 0697 Application for Kinship Reimbursement and returns it to the kinship development worker.

6652.41 Eligibility Criteria

CPS October 2020

The eligibility criteria for an annual reimbursement benefit are as follows:

DFPS formally approved the placement, through the home assessment process.
The kinship caregiver is making the request for reimbursement on behalf of a child who was in the kinship caregiver’s care at the time the expenses were incurred.
The child was in DFPS conservatorship immediately before the child’s kinship caregiver was awarded permanent managing conservatorship.
The caregiver has signed and continues to abide by Form 0695 Kinship Caregiver Agreement.
The kinship caregiver is not receiving permanency care payments or adoption subsidy payments.
The family income does not exceed 300 percent of the current federal poverty limit. Family income includes all household members, including parents and anyone who moved into the home on or after initial placement.

DFPS Rules, 40 TAC §700.1009

If the kinship caregiver does not meet the eligibility criteria for the annual reimbursement payment and a judge enters an order directing DFPS to make the payment, the caseworker must follow the notification requirements in 5311 Notice Requirements for Elevating Certain Court Orders.

6652.42 Required Documentation

CPS January 2018

When requesting the post-permanent managing conservatorship annual reimbursement payment, the kinship caregiver must submit proof of the child’s residence, such as the child’s school records, Medicaid card, or Temporary Assistance for Needy Families eligibility statements. Materials provided as proof of residence must show the child’s name, the kinship caregiver’s name, and the child’s and caregiver’s joint address as proof that they live in the same home.

Caregivers who obtain permanent managing conservatorship (PMC) may be eligible to apply for other assistance offered through the state’s Texas Works program on behalf of the child for whom they obtain PMC. The caregiver submits a Medicaid application to the Texas Health and Human Services Commission on behalf of the child to see if the child will qualify for any additional assistance.

6653 Other Support Services

CPS February 2017

Other support services may be available to the kinship caregiver. See the Services to Kinship Caregivers Resource Guide under Services for Kinship Caregivers.

6660 Kinship Caregivers Interested in Becoming Verified as Foster Parents

CPS February 2017

Interested relatives and fictive kin are verified as foster parents by:

• CPS; or

• a private child-placing agency.

See the Services to Kinship Caregivers Resource Guide, under Definitions.

To become a verified foster parent, a kinship caregiver must meet the minimum standards adopted by the DFPS Child Care Licensing Division, including, but not limited to:

• passing background checks, including fingerprint-based checks;

• completing pre-service training;

• passing a foster home screening; and

• meeting home environment standards.

The caseworker must inform all of the known adult relatives of the child about the option to pursue verification as a foster parent.

The conservatorship (CVS) and Kinship caseworkers must make the following clear to the kinship caregiver:

• any caregiver who is a relative or fictive kin may pursue verification as a foster parent, regardless of the child’s permanency goal; and

• the goal for CPS, however, is the timely permanent placement of the child, not long-term foster care, so CPS will act in accordance with the child’s permanency goal.

The requirements for becoming verified as a foster parent are the same for relatives and fictive kin as they are for any unrelated foster parents.

However, on a case-by-case basis, a caseworker may ask the family’s foster and adoptive home development caseworker or the case manager for the private child-placing agency whether it is appropriate to request from Child Care Licensing a waiver or variance from minimum standards that are not related to safety.

For further information about the process for homes being verified by CPS, see 7515 Foster Home Verification.

For further information about verification requirements in general, see Subchapter M of the Child Care Licensing’s Minimum Standards for Child-Placing Agencies.

6661 Assisting a Kinship Caregiver Seeking Verification as a Foster Parent

CPS February 2017

If a relative or fictive kin expresses interest in becoming a verified foster parent for the child, the caseworker must, as soon as possible:

• refer the relative or fictive kin to the regional foster and adoption home development (FAD) caseworker who can help pursue verification; and

• inform the relative or fictive kin about the option to pursue verification through a private, child-placing agency.

6661.1 The Kinship Development Caseworker’s Role during Verification

CPS October 2020

The kinship development worker (KDW) and the child’s caseworker must provide support to the caregiver throughout the verification process.

When a KDW becomes aware of a kinship caregiver’s interest in becoming a verified foster parent, the KDW must:

Notify the conservatorship caseworker and supervisor about the caregiver’s interest.
Refer the family to the foster and adoption home development (FAD) caseworker or a private child placing agency.

6661.2 Explaining Eligibility for Services

CPS August 2017

The caseworker and the kinship development caseworker (KDW) must explain to the caregiver that his or her eligibility for certain services may change after becoming verified as a foster parent; for example:

• the caregiver is no longer eligible for the annual reimbursement provided under the Relative and Other Designated Caregiver Program; and

• the caregiver may not qualify for day care benefits provided for kinship care (see 8235.4 Foster Child Day Care).

6661.3 Documenting a Caregiver’s Disinterest in Verification

CPS June 2022

If the kinship development worker (KDW) informs the kinship caregiver about the opportunity to become verified as a foster parent but the kinship caregiver is not interested, the following documentation must occur:

The child or youth’s caseworker documents the reasons the caregiver is not interested in verification in the Kinship Disposition Summary field on the Contact Detail page in the Family Substitute Care (FSU) stage in IMPACT.
The KDW documents the following in the Kinship (KIN) stage:
- The reasons the caregiver is not interested in verification.
- The caregiver has signed the Acknowledgement of Permanency Care Assistance and Fostering Connections form.

6661.4 Addressing Finances

CPS August 2017

The caseworker must explain to the kinship foster parent that:

• if the kinship foster parent receives Social Security benefits on behalf of the child, DFPS will become the payee for those benefits to offset the costs of foster care payments for the child; and

• if the kinship foster parent receives child support payments on behalf of the child the payment will be redirected to DFPS while the foster parent is receiving foster care payments.

6661.5 Addressing Child Care

CPS August 2017

Before placing the child in the verified kinship placement, the caseworker notifies the kinship caregiver that:

• the eligibility criteria for day care provided during foster care is more restrictive than the eligibility criteria for day care provided during kinship care; and

• the caregiver may not be eligible for foster care day care services.

If the foster parent was receiving general protective services or kinship day care services while he or she was the child’s unverified kinship caregiver, the caseworker must end the authorization for that day care, effective on the date that the child is placed with the kinship foster parent.

If day care is needed while the child is in kinship foster care, and the caregiver meets the eligibility requirements, the caseworker requests authorization for foster day care. See 8235.4 Foster Child Day Care.

6662 When a Kinship Caregiver Is Verified as a Foster Parent

CPS February 2017

Once the kinship caregiver (the child’s relative or fictive kin) becomes verified as a foster parent, the child’s caseworker must obtain the following from the foster and adoption home development (FAD) caseworker or the private child-placing agency:

• the date that the caregiver was verified as a foster parent; and

• the start date of the child’s foster placement with that caregiver.

6662.1 Explaining the Permanency Goal

CPS February 2017

On the first day of the foster placement, the caseworker must explain to the foster parent (and the case manager of the private child-placing agency, when appropriate) that it is the priority of CPS to secure a long-term permanent placement for the child.

6662.2 Providing Forms 2646 and 2085kf

CPS February 2017

The caseworker must also provide the caregiver with the Notification of Permanency Options, Form 2646, and do the following:

• discuss the purpose of the form, emphasizing that long-term foster care is not an acceptable permanency option;

• ask the caregiver to review and sign the form;

• explain that, ultimately, CPS may be required to change a child’s placement in order to secure a permanent and stable home; and

• ask the caregiver to review and sign Placement Authorization: Verified Kinship Foster Caregiver, Form 2085kf.

6662.3 Recording the Foster Placement in IMPACT

CPS February 2017

In IMPACT, the caseworker must:

• enter an end date for the current placement;

• select from the drop down box the Placement Removal reason “Placed with Relatives,” as this option best applies; and

• record the new placement, now that the caregiver is verified as a foster parent.

To record the new placement, the caseworker must:

• open the Placement page in the child’s Substitute Care stage;

• select the foster home’s resource identification number by choosing the correct resource from the Resource Directory; and

• ensure that the box for either relative or fictive kin has been checked.

6662.4 Completing Paperwork

CPS February 2017

The caseworker communicates with the foster and adoption home development (FAD) caseworker or the case manager of the private child-placing agency to ensure that the caseworker has completed all of the paperwork required by minimum standards or other placement requirements.

6662.5 Closing the Kinship Stage in IMPACT

CPS August 2017

Once the caseworker makes an approved entry in IMPACT for a verified kinship foster placement, the kinship development caseworker closes the kinship stage, with the approval of the kinship supervisor.

6670 Closing a Kinship Stage

CPS October 2020

DFPS may close a kinship stage only after one of the following occurs:

Positive permanency is achieved (adoption, family reunification, or the child is placed in the permanent managing conservatorship of another person).
The child moves from the home.
The child ages out.
The family becomes a verified foster family.

Once DFPS decides to close a kinship stage, the kinship development worker (KDW) must conduct an exit interview with the kinship caregiver.

Conducting the Exit Interview

During the exit interview, the KDW must discuss the caregiver’s understanding of why the case is being closed.

If the caregiver decided not to become verified, discuss his or her reasons.
If the case is being closed due to positive permanency or the child aging out, discuss what resources are available for the family in the community and the need for continuity of care if the child is receiving therapeutic or medical services.
If the caregiver is receiving permanent managing conservatorship (PMC) without permanency care assistance (PCA), explain to the caregiver that he or she must apply for Medicaid benefits to determine whether the child qualifies for continued medical coverage.
If the case is being closed because the child moved to a different placement, discuss what could have prevented the child from being moved.
If the caregiver is eligible for a post-PMC annual reimbursement, make sure the caregiver has clear instruction as to when he or she must request it and has contact information to make the request.

The KDW must document the exit interview in the Kinship Closing Summary. The Kinship Closing Summary must also include:

Information about financial assistance through the Relative and Other Designated Caregiver Program.
Community resources provided to the family.
A developmental plan summary.
Whether the family became verified and by whom.
The permanency plan.

6680 Permanency Care Assistance (PCA)

6681 Overview of Permanency Care Assistance

CPS June 2022

Upon initial placement of the child, the caseworker must do the following:

Inform kinship caregivers about the Permanency Care Assistance (PCA) program.
Explain PCA’s possible benefits and the caregiver’s potential eligibility before the caregiver signs the Permanency Care Assistance Agreement.

The primary caseworker must notify the kinship development worker (KDW) when the final merits hearing is scheduled so that the KDW can do the following:

Complete a final review of Form 3801 Acknowledgement of Permanency Care Assistance and Fostering Connections with the kinship caregiver.
Provide any updates to the child’s primary caseworker.

If no KDW is assigned, the child’s caseworker reviews Form 3801 Acknowledgement of Permanency Care Assistance and Fostering Connections with the caregiver. Before the final hearing, the child’s caseworker must inform the child placing agency (CPA) working with the caregiver about the caregiver’s decision to accept or decline to participate in the PCA program.

Eligible relatives and fictive kin who have served as verified foster parents to a child for six consecutive months may receive financial and health care benefits on behalf of the child through the PCA program.

See the definition of kinship foster caregiver in the Services to Kinship Caregivers Resource Guide, under Definitions.

For a full explanation of federal and state eligibility requirements, see 1600 Permanency Care Assistance (PCA).

6681.1 Caregiver Requirements

CPS February 2017

To receive permanency care assistance for an eligible child, a verified kinship caregiver must do the following, in the order shown below:

1. Serve as the child’s verified foster parent for six consecutive months.

2. Receive preliminary approval of eligibility for permanency care assistance by the regional adoption eligibility specialist.

3. Negotiate and sign an agreement with DFPS to receive permanency care assistance on behalf of the child (this step must be taken before becoming the child’s permanent managing conservator).

4. Become the permanent managing conservator of the eligible child and submit, in a timely manner, the court order transferring permanent managing conservatorship to DFPS.

6681.2 Caregiver Ineligibility for Permanency Care Assistance

CPS February 2017

A verified kinship caregiver is ineligible for permanency care assistance under the following circumstances:

• a prospective permanent managing conservator cannot meet the requirement for becoming the child’s managing conservator, if he or she becomes a joint managing conservator of the child; or

• a person does not meet the definition of a prospective permanent managing conservator who may qualify for benefits, if the person is the child’s parent or other person from whom the child was removed.

6681.3 Child Eligibility for Permanency Care Assistance

CPS February 2017

A child is eligible to receive permanency care assistance, if all of the following eligibility criteria apply:

• the child is in CPS temporary or permanent managing conservatorship;

• the child’s prospective permanent managing conservator:

• is related to the child by consanguinity or affinity; or

• had a longstanding and significant relationship to the child before CPS placed the child in the prospective conservator’s home in the same legal episode;

• the child’s prospective permanent managing conservator has served as a verified foster parent to the child for at least six consecutive months before the effective date of the agreement for permanency care assistance;

• the child has demonstrated a strong attachment to the prospective permanent managing conservator and that person has a strong commitment to caring permanently for the child;

• DFPS has determined, at the time the agreement for permanency care assistance is signed, that adoption and returning the child to the home from which the child was removed are not appropriate permanency options. (See 6234.24 Ruling out Family Reunification and Adoption Before Pursuing Permanency Care Assistance for further explanation); and

• DFPS has consulted with the youth about the prospective permanent managing conservator’s interest in becoming conservator, if the youth is at least 14 years old when the permanency care agreement is signed.

6681.4 Meeting the Conditions to Verify Eligibility for Permanency Care Assistance

CPS February 2017

In order for a kinship caregiver to serve as a verified foster parent to a child for six consecutive months, all of the following conditions must be met:

• The child is placed by DFPS with the verified kinship foster parent. The placement date for the verified foster home begins the mandatory six-month period.

• The caregiver must be verified as a kinship foster parent and remain verified as a kinship foster parent to care for the child.

• The caregiver has entered into and signed Form 2085FC Placement Authorization Foster Care/Residential Care and the agreement remains in effect.

• The child remains in the conservatorship of DFPS throughout the six-month period, until the day before the verified kinship caregiver becomes the child’s permanent managing conservator.

• The child’s placement in the home is continuous. That is, the child lives in the home the entire time, with the exception of short absences of no more than 14 days. If a temporary absence exceeds 14 days, the count of the child’s total time in the placement must start over.

If a child and caregiver are not eligible for permanency care assistance, a court may not order that the assistance be provided.

Texas Family Code §264.852(c)

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

CPS February 2017

When a child’s permanency plan calls for a change to permanent managing conservatorship by a relative or fictive kin, with intent to pursue permanency care assistance, the caseworker must document in the child’s plan of service:

• the change to the child’s permanency plan; and

• any information related to the requirements for the federal case plan.

The federal requirements include:

• a description of the steps CPS has taken to determine that it is not appropriate for the child to be returned home or adopted;

• the ways in which the child meets the eligibility requirements for permanency care assistance; specifically CPS’s determinations that:

• the child was removed from his or her home as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child;

• the child was eligible for foster care maintenance payments for at least six consecutive months in the home of a verified kinship caregiver who is the prospective permanent managing conservator;

• being returned home is not an appropriate permanency option for the child;

• the child demonstrates a strong attachment to the prospective permanent managing conservator and the prospective permanent managing conservator has a strong commitment to caring permanently for the child; and

• the youth has been consulted about the prospective managing conservator’s interest in becoming conservator and about the agreement to receive permanency care assistance, if the youth is at least 14 years old;

• the efforts CPS made with the child’s prospective managing conservator to discuss adoption as a more permanent alternative to permanent managing conservatorship and, if applicable, the reasons why the prospective conservator chose not to pursue adoption;

• the reasons that placing the child permanently with a prospective permanent managing conservator and providing permanency care assistance are in the child’s best interests;

• the reasons for placing siblings separately, when applicable; and

• the efforts CPS made to discuss permanency care assistance with the child’s birth parents, or the reasons why such efforts were not made.

42 U.S.C. §675(1)(F)

DFPS Rules, 40 TAC Chapter 700, Subchapter J, Division 2

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

CPS February 2017

To seek permanent managing conservatorship and permanency care assistance for a child’s relative or fictive kin caregiver, a caseworker must establish (with approval from his or her supervisor and program director) that:

• family reunification and adoption are not appropriate permanency options; and

• transferring permanent managing conservatorship to a relative with the support of permanency care assistance is in the child’s best interest.

The caseworker must document this determination in the child’s plan of service.

If CPS staff believes that termination of parental rights is achievable, and CPS legal representatives disagree, staff must bring the disagreement to the attention of management in both CPS and the CPS Legal Division until a resolution is reached.

6683.1 Approving the Plan

CPS February 2017

The child’s caseworker and supervisor must:

• agree, on a case-by-case basis, that the permanency plan is in the best interest of the child; and

• obtain the program director’s approval of the plan.

6684 Discussing the Intent to Pursue Permanency Care Assistance

CPS February 2017

No later than 30 days after the determination to pursue PCA is approved, the caseworker must:

• discuss with the caregiver the caregiver’s intent to pursue permanency care assistance; and

• obtain the caregiver’s signature on Form 0690 Permanency Care Assistance Statement of Intent.

Once the Statement of Intent is signed, the caseworker must file it in the paper case file.

6685 Applying for Permanency Care Assistance

CPS February 2017

The conservatorship (CVS) caseworker must send all applications and supporting documentation for permanency care assistance (PCA) to the adoption assistance eligibility specialist. The job duties of the adoption assistance eligibility specialists include PCA.

When a prospective permanent managing conservator is nearing completion of the required six consecutive months as a verified foster parent, the child’s primary caseworker must begin working with the caregiver to apply for assistance.

Standard Practice – 30 Days in Advance

The appropriate eligibility unit must receive the application and all supporting documentation no later than 30 days before the caregiver anticipates being awarded permanent managing conservatorship.

6685.1 Completing a Permanency Care Assistance (PCA) Application

CPS February 2017

In order for a permanency care assistance (PCA) application packet to be complete, the caseworker must:

• ensure that the caregiver completes the following forms timely and accurately:

Form 2115 Request for Permanency Care Assistance

Form 2116 Permanency Care Assistance Worksheet

Form 2118 Kinship Family Resources

• complete the application for permanency care assistance in IMPACT, and submit it electronically to the adoption assistance eligibility specialist for that region;

• complete the checklist and packet for permanency care assistance and obtain a supervisor’s approval confirming that the checklist and packet are complete;

• forward the complete packet for permanency care assistance within five calendar days after the application is entered in IMPACT; and

• send to the appropriate eligibility unit the complete checklist and packet.

The complete checklist and packet includes:

• Proof of age and citizenship (for more information on methods of determining age and citizenship, see 1530 Foster Care Assistance Eligibility Requirements for Children and Youth Who Are in DFPS Conservatorship)

• Verification of alien status, when the child is not a U.S. citizen

• Form 2115 Permanency Care Assistance Request, Form 2116 Permanency Care Assistance Worksheet, and Form 2118 Kinship Family Resources

• A copy of the initial court order appointing CPS as temporary managing conservator

• The signed and dated copy of the first petition resulting in the court ordering removal of the child from the home

• The approved FAD home screening or the private child-placing agency’s foster home screening

• Copies of all background check documentation, including:

• a copy of the FBI fingerprint-based criminal records checks of the National Crime Information Database,

• a copy of the name-based criminal records check from the Texas Department of Public Safety (DPS),

• copies of records checks from local or out-of-state law enforcement, and

• a copy of the results from the Child Abuse and Neglect Registry check, which can be requested from the foster and adoption home development (FAD) caseworker or from the case manager of the private child-placing agency.

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

CPS February 2017

When a private child-placing agency has verified a kinship caregiver, CPS must create a record for a foster and adoption home development (FAD) home in IMPACT, in order to process the application for permanency care assistance.

To ensure that the FAD home record is created, the caseworker’s supervisor must send Form 2189 Referral Form to FAD for a Non DFPS Home to the regional FAD unit. The supervisor must make the referral at the time the supervisor approves the packet.

6685.2 Timeframe for Applying

CPS February 2017

The child’s caseworker must ensure that the documentation is complete and the required attachments are provided to the Adoption Assistance Eligibility Unit at least 30 to 45 days before the caregiver receives permanent managing conservatorship by a court.

If there is a compelling issue impacting the 30-day timeframe, such as a court order or directive:

• the caseworker must expedite the application; and

• the caseworker and supervisor must immediately notify the adoption assistance eligibility supervisor and the adoption assistance eligibility specialist for the region, as well as contact the regional attorney, if necessary.

6685.3 Reviewing the Application and Permanency Care Assistance Packet

CPS February 2017

Within three days of receiving an application and packet, the adoption assistance eligibility specialist must review the application and packet to determine whether:

• the application is complete; and

• the packet contains all of the required documentation.

If the application and packet are incomplete, the adoption assistance eligibility specialist must immediately notify the following persons in writing to identify the additional documentation that is required:

• the child’s caseworker;

• the child’s casework supervisor; and

• the prospective permanent managing conservator.

Once the specialist receives all of the materials in full, he or she must:

• review the application;

• preliminarily approve or deny it; and

• inform the caseworker of the approval or denial within two working days of making the determination.

6685.4 Negotiating the Monthly Payment

CPS February 2017

If the adoption assistance eligibility specialist preliminarily approves the application, a CPS assistance negotiator and the kinship caregiver negotiate to determine the amount of assistance the caregiver will be paid each month.

6685.41 Submitting the Permanent Managing Conservatorship Order

CPS February 2017

The court docket sheet can be used to initiate payment; however, to ensure that payments continue, the caseworker must submit a file-stamped copy of the PMC order.

Within seven days of receiving the file-stamped order, the caseworker must send it to the adoption assistance eligibility specialist.

6685.42 Receiving the First Payment

CPS February 2017

One month after receiving permanent managing conservatorship, the caregiver receives the first monthly payment.

The caseworker must convey to the caregiver that there may be days in the month for which the caregiver does not receive either a foster care payment or a permanency care assistance payment. Foster placement payments are made retroactively and are paid by the day. Permanency care assistance payments are made early in the month and are paid by the month.

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

CPS February 2017

The child’s caseworker must keep all legal parties informed throughout the permanency care assistance process to ensure that permanent managing conservatorship is not granted to the caregiver before the caregiver negotiates and signs the agreement for permanency care assistance.

In addition, the caseworker and supervisor must be prepared to explain to court staff, including judges:

• the process for determining a kinship caregiver’s eligibility for permanency care assistance; and

• the requirement that the kinship caregiver is eligible for permanency care assistance only if the caregiver signs the assistance agreement before the court grants the caregiver permanent managing conservatorship.

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

CPS February 2017

Federal Funding Exceptions for Siblings

When siblings are placed together and at the same time, the caseworker must apply for permanency care assistance on behalf of the child who is eligible for Title IV-E funding, to make the joining siblings eligible for Title IV-E assistance.

To determine which child in a sibling group is the primary child eligible for Title IV-E funding, the caseworker must contact the adoption assistance eligibility specialist.

If there is no child eligible for Title IV-E funding in the sibling group, the children receive state-paid funding.

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Child Protective Services Handbook