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3000 Ensuring Child Safety

3100 When a Child Who Is with His or Her Family Cannot Be Located

CPS August 2017

In the investigation (INV), alternative response (AR), family preservation (FPR), and conservatorship (CVS) stages, the caseworker must take immediate actions to find a family if:

  •   the caseworker cannot contact a child who is with the family, or

  •   the caseworker loses contact with the child and family during the case, and needs to:

  •   investigate a report of alleged child abuse or neglect;

  •   provide protective services to a family receiving family-based safety services; or

  •   provide, in limited circumstances, protective services to the family of a child in the managing conservatorship of DFPS.

If CPS Cannot Find a Child Who is Not in CPS Conservatorship

If CPS staff cannot find the child and family, and the child is not in DFPS conservatorship, the special investigator program director (SIPD) must notify the Department of Public Safety (DPS) and request that the child be placed on the Child Safety Check Alert List (CSCAL) in the DPS Texas Crime Information Center (TCIC).

If a Child in DFPS Conservatorship is Abducted

If a child in DFPS conservatorship is abducted by his or her biological family or runs away, and the appropriate law enforcement officials decline to file a missing person's report on the child with the National Crime Information Center (NCIC), the caseworker must immediately notify the supervisor and the SIPD. The SIPD must request that DPS place the child and the family on CSCAL. See 3115 Child in DFPS Conservatorship Goes Missing.

If There is Imminent Danger to a Child

If at any time the caseworker believes that the child is in imminent danger, the caseworker must staff with the supervisor. If the supervisor agrees the child is in imminent danger, the supervisor must staff with the SIPD to submit a referral to DPS to place the child on CSCAL immediately.

If a Child on CSCAL is Located

If a child or family that is listed on CSCAL is located, the staff that found the child or family must notify the SIPD immediately.

3110 Purpose of the Child Safety Check Alert List

CPS May 2023

When DFPS is unable to locate a family during an Investigation (INV), Alternative Response (AR), or Family-Based Safety Services (FBSS) stage, DFPS takes immediate steps to do one of the following:

  • Complete diligent efforts to locate a family.
  • Ensure that the family’s information is placed on the Child Safety Check Alert List (CSCAL), if DFPS is unable to locate the family.

DFPS requests that the family is added to the CSCAL only after DFPS makes a diligent effort to locate the family, or there is immediate danger to the child.

If the family is on the CSCAL and law enforcement notifies DFPS that the family was located, DFPS is then able to determine how to best ensure child safety.

Texas Family Code, Section 261.3022

3111 Diligent Searches

CPS May 2023

DFPS conducts a diligent search for the family before referring a family to be added on the CSCAL. A diligent search is the process that:

  • Completes all reasonable actions.
  • Uses all available resources to locate the child and family, based upon the circumstances of the case, as indicated in the Finding Families Resource Guide.

When DFPS is unable to locate the family during the diligent search, DFPS sends a request to the Texas Department of Public Safety (DPS) to place the child on the CSCAL.

See 3111.2 Time Frames for Preliminary and Diligent Searches.

Exception: If at any time the caseworker believes that the child is in imminent danger, the caseworker staffs with his or her supervisor immediately. If the supervisor agrees the child is in imminent danger, the supervisor staffs with the special investigator program director (SIPD) to submit a referral to DPS, in order to place the child on the CSCAL immediately.

3111.1 Types of Diligent Searches Relating to CSCAL

CPS May 2023

For CSCAL purposes, DFPS uses two types of diligent searches:

  • Preliminary search—The caseworker conducts the preliminary search for the family.
  • Special investigator’s diligent search—The special investigator (SI) conducts this search when the preliminary search is unsuccessful in locating the family.
3111.2 Time Frames for Preliminary and Diligent Searches

CPS May 2023

Preliminary Search

The preliminary search begins when the caseworker is unable to locate the family and continues until either the caseworker locates the family or exhausts all search efforts. For the following investigations, the caseworker makes a referral to the SIPD within the following time frames:

  • P1 Investigation—Caseworker makes a referral to the SIPD no later than the fourth day after the caseworker is unable to locate the family.
  • P2 Investigation, AR, or FBSS case—Caseworker makes a referral to the SIPD no later than the tenth day after the caseworker is unable to locate the family.

Diligent Search

The special investigator begins the diligent search:

  • After the preliminary search ends.
  • Within 24 hours of being assigned the diligent search.

The diligent search is complete after all possible search efforts are exhausted. The SIPD refers the family to DPS at specific times for the following cases:

  • P1 Investigation case—SIPD refers the family to DPS no later than the fifth day after the SIPD is unable to locate the family.

P2 Investigations, AR, or FBSS cases—SIPD refers the family to DPS no later than the 20th day after the SI is unable to locate the family.

3111.3 Required Preliminary Search Actions

CPS May 2023

During the preliminary search, the caseworker must complete all reasonable actions that can help locate the child or family as quickly as possible. At a minimum, the caseworker completes and documents all of the following:

  • Attempts to make contact daily for a Priority 1 INV. The allegations and risk factors may indicate a need for more frequent attempted contacts.
  • Attempts to make contact for a Priority 2 INV, AR, or FBSS stage every 72 hours. The allegations and risk factors may indicate a need for more frequent attempted contacts.
  • Attempts to contact the family at reported or suspected addresses at different times of the day, especially before or after regular business hours, such as before 8 a.m. and after 7 p.m.
  • Attempts to make contact at the schools near the home or contacts the local school district office.
  • Requests or conducts available online searches, including the DFPS Family Inquiry Network Database Research System (FINDRS) unit (for quick searches) and the Texas Integrated Eligibility Redesign System (TIERS).
  • Attempts to contact all relevant collaterals, including the reporter, neighbors, friends, relatives, and people in previous CPI history with the family.
  • Contacts local law enforcement for any locating information on the family.
  • Takes all reasonable actions and uses all available strategies to locate the child, based upon the circumstances of the individual case, as indicated in the Finding Families Resource Guide.

If the caseworker is unable to locate the family, the caseworker continues an active role in the case by contacting principals and collaterals, in order to perform any work that can be done during the stages of service. The caseworker ensures that all attempts to locate the family are documented in IMPACT.

Completion of the Preliminary Search

When the preliminary search is completed, the caseworker and supervisor staff with the SIPD to review the actions taken during the preliminary search. An SI is then assigned as secondary on the investigation to complete the diligent search for the child and family.

3111.4 Required Actions During the Diligent Search

CPS May 2023

After the special investigator is assigned secondary to complete a diligent search for the family, the diligent search must begin within 24 hours and last for 10 days.

During the diligent search, the SI does the following:

  • Completes all reasonable actions.
  • Uses all available strategies to locate the child and family, based upon the circumstances of the case, as indicated in the Finding Families Resource Guide.
  • May use available law enforcement personnel to assist.

At any time during the search, if there is a reason to believe the child may be in imminent danger, the SI immediately refers the case to the SIPD to place the child on the CSCAL at that time. The SI must then continue the diligent search.

3111.5 When the Family Is Located During Diligent Search Process

CPS May 2023

Caseworker Locates Family

After the caseworker locates the family, regular casework activities can resume. The caseworker informs the supervisor, the SI, and the SIPD that the child was located.

Special Investigator Locates Family

When the SI is able to locate the family, the SI immediately notifies the following:

  • SIPD
  • Caseworker
  • Caseworker’s supervisor

When the SI makes face-to-face contact with the family, the SI is responsible for:

  • Immediately interviewing the child or children and family to ensure child safety.
  • Notifying the SIPD and the supervisor of the case.

The SI may request assistance from the caseworker, if needed. If caseworker assistance is requested, the caseworker or supervisor must respond immediately. The SI does not leave the child or family until child safety is secured.

Law Enforcement Locates Family

When a law enforcement officer locates the family as the result of a match on the CSCAL, the officer contacts Statewide Intake (SWI).

Statewide Intake Action

In accordance with SWI policy 4612 The CSCAL Program (Child Safety Check Alert List), the SWI intake specialist does the following:

  • Makes a call to the router or on-call worker in the area where the officer located the child or family.
  • Informs the router or on-call worker that the officer requests an immediate callback, unless the officer indicates otherwise.

The SWI intake specialist does the following:

  • Completes an Information and Referral (I&R) to an open case, if the CSCAL-related case is still open, and there are no new allegations.
  • Completes a Priority 1 intake, if the CSCAL-related case was closed, and an INV or AR case was closed as Unable to Complete (Family moved/cannot locate) or Unable to locate, respectively. See 2143.1 Assigning a Report as Priority 1 (P1). The SWI intake specialist must route the intake to the county where the officer located the child or family.

If CPI receives an I&R but believes an intake is warranted, field staff must contact SWI and request a reentry.

If CPI receives a Priority 1, but there are no new allegations, and the CSCAL was entered in the FBSS stage, field staff must contact SWI and request the report be reentered as a case-related special request (CRSR).

Caseworker Action

If law enforcement locates the family or provides additional locating information on the family, the caseworker or SI immediately responds to assess the child’s safety and takes protective action, if needed. If a law enforcement officer is with family members and is waiting for CPI to arrive, the caseworker or special investigator immediately does all of the following:

  • Goes to the scene to interview the child or family.
  • Assesses the child’s safety and takes protective action, if needed.
  • Obtains valid locating information.

If the caseworker or SI determines there is danger to a child, the caseworker or SI takes one of the actions described in 3200 DFPS Actions When Danger to a Child Is Present.

After meeting with the child or family, the caseworker or SI does the following:

  • Informs the supervisor, SI, and SIPD that the child was located.
  • Documents the circumstances under which the family was located.
  • Provides the  SI with information so that the SI can complete and send the CSCAL Clearing Form to the SIPD. The SIPD is responsible for removing the CSCAL indicator from IMPACT.
  • Continues the INV, AR, or FBSS casework.
3111.6 When the Family Is Not Located During Preliminary Search Process

CPS May 2023

P1 Investigations

When the caseworker is unable to locate the family during the preliminary search, the caseworker’s supervisor notifies the SIPD. The SIPD then does both of the following:

  • Refers the family for CSCAL.
  • Assigns an SI to conduct the diligent search.

All Other Cases

After the SIPD assigns the SI to do the diligent search, the SI does the following:

  • Completes the diligent search, if the family is not located by the fourth day of the preliminary search.
  • Refers the family for CSCAL, if the family is not located by the 19th day of the preliminary and diligent searches that take place within the same time frame.
  • Continues to search for the family, if the diligent search is not complete or additional search efforts are identified.

The special investigator continues to search for the family until the SIPD and the SI agree that all reasonable, diligent search efforts were exhausted.

See 3114 Closing a Case with a Family on CSCAL.

3112 Making the Referral to Request CSCAL

CPS May 2023

When families are unable to be located, the SIPD must refer the family to be placed on CSCAL. The SIPD submits the family’s information to the Texas Crime Information Center (TCIC) on the fifth day, and then the 20th day while the family remains missing.

See 3111.2 Time Frames for Preliminary and Diligent Searches.

When submitting the CSCAL information, the SIPD does all of the following:

  • Sends an encrypted email with the completed CSCAL form to the TCIC, without including identifying information on the family in the email’s Subject line.
  • Documents in the Contact Narrative in IMPACT the request to DPS to enter the family on the CSCAL.
  • Checks the CSCAL checkbox on the Case Summary page in IMPACT.
  • Sends a copy of the email and attachment to the caseworker.

The caseworker uploads a copy of the email and attachment in OneCase.

3113 Exceptions to Placing a Family on CSCAL

CPS May 2023

In the following situations, DFPS does not refer families for CSCAL:

  • Uncooperative family whose location is known—The caseworker must not apply diligent search requirements or place on the CSCAL families who can be located but do not cooperate during the INV, AR, or FBSS stage.
  • For INV or FBSS cases, the caseworker consults with legal staff to seek to obtain access to the children. AR cases can be progressed to INV. See 2281.4 Unable to Complete.
  • There is too little identifying information on the parents to meet standards for entering the family in CSCAL.
  • The child was located but not the family.
  • The family and child move out of state. The caseworker requests that CPS in the other state interview the child or requests local law enforcement in the other state to conduct a welfare check to ensure the child is safe.
  • Any absent parents who do not have possession of a child involved with DFPS.
  • Children in DFPS conservatorship who were abducted by their parents or are runaways. Instead, in these situations, staff are to enter these children in the National Crime Information Center (NCIC) database as missing persons.
  • Staff cannot locate the family at the time of case closure. The case can be closed if all of the following criteria are met:
    • The evidence supports a ruled-out disposition in an investigation, or the work with the family is essentially, successfully ended in an AR or FBSS stage.
    • The risk level in the case is low or moderate. For AR stage, one of the following closure codes is appropriate:
      • No significant safety factors or CPS decision.
      • Services completed.
      • Family declined services or no safety threat.
    • The family was located earlier during the stage of service.
    • Collaterals contacted have no current safety concerns about the care of the child or children.
    • The supervisor of the caseworker or SI, assigned as secondary on the case, approves the family to not be put on CSCAL.

If any of the criteria above are not met, the caseworker and SI must conduct a diligent search and request the family be put on CSCAL.

3114 Closing a Case with a Family on CSCAL

CPS May 2023

A case with a family on the Child Safety Check Alert List (CSCAL) must not be closed until the SI and the SIPD agree to close the case, when either of the following have been completed:

  • All avenues for searching for the family were exhausted.
  • Thirty days passed since the CSCAL was filed.

Special Investigator Program Director (SIPD) Approval

The SIPD reviews the case and ensures all diligent search efforts to locate the family were exhausted. This is to occur within five calendar days of being notified by the primary supervisor that the case is ready for review.

If additional efforts to locate the family are required, the SIPD does the following:

  • Assigns the SI to complete these additional tasks.
  • Notifies the supervisor of the additional tasks that the SI needs to complete.
  • Documents a contact in IMPACT verifying that all diligent search efforts were completed, once all diligent efforts were made to locate the family.

The primary caseworker then does all of the following:

  • Documents the actions in the case.
  • For investigation, selects the disposition of Unable to Complete.
  • For investigation, selects the recommended action of Close-Fam Moved/Cannot Locate. See 2281.4 Unable to Complete.
  • For alternative response, selects the closure code of Close-Unable to Locate.
  • For FBSS, selects the closure code of Unable to Locate.
  • Submits the case to a supervisor for review.

Child Safety Specialist (CSS) Final Approval

All INV or AR cases, with a disposition of Unable to Complete (UTC) or Unable to Locate (UTL), must be submitted to the CSS for secondary approval to close. If the case is rejected by the CSS, the primary program director (PD) reviews it and approves the case in IMPACT.

See 2292 Action on a Submitted Investigation.

3115 Length of Time Family Is on CSCAL

CPS May 2023

DPS keeps the CSCAL listing for a child and family in the DPS TCIC database for one year, unless the child and family are located before that time.

3116 Requesting a Family Be Removed from CSCAL

CPS May 2023

Within 24 hours of being notified that a child who was placed on the CSCAL in an INV, AR, or FBSS stage has been located, the SIPD must notify DPS and request that the child and family be removed (cleared) from the CSCAL. The SIPD does the following:

  • Sends an encrypted email with the completed CSCAL form to the TCIC, without including identifying information on the family in the email’s Subject line.
  • Documents in the Contact Narrative in IMPACT the request to DPS to clear the family from the CSCAL.
  • Removes the check on the CSCAL checkbox on the Case Summary page in IMPACT.
  • Sends a copy of the email and attachment to the caseworker.

The caseworker files a copy of the email and attachment in the case record.

3117 Child in DFPS Conservatorship Goes Missing

CPS May 2023

If a child in DFPS’s managing conservatorship runs away, is missing, or is believed to have been abducted, and the child’s whereabouts are unknown, the caseworker reports the child as missing to the appropriate law enforcement officials, so the child can be entered into the National Crime Information Center Database (NCIC) as a missing person.

See 6460 When A Child or Youth is Missing from DFPS Conservatorship.

If the law enforcement officials decline to enter the child into NCIC, the caseworker must do the following immediately, but no later than eight hours after learning of such a decision:

  • Notifies the supervisor.
  • Notifies SIPD for SI assignment.
  • Requests for the SI to complete the CSCAL (Child Safety Check Alert List) Data Entry Form with the name of the law enforcement agency contacted and the Additional Child or Offender form, if necessary.
  • Notifies the CPS regional director assistant or designee and provides identifying information about the following:
    • Child.
    • Name of the law enforcement agency contacted.
    • Number for the National Center for Missing and Exploited Children (NCMEC).
  • Continues searching for the child.

The caseworker and SI continue searching for the missing child until the child is found, or a court dismisses conservatorship of the child.

The SIPD must, within 24 hours of receiving the required forms, take actions listed in 3112 Making the Referral to Request CSCAL.

If the child is located, see:

3111.5 When the Family is Located During Diligent Search Process

6461.4 When a Child Who Is Missing Is Recovered

6461.5 Caseworker Actions When a Missing Child Returns to Care

3200 DFPS Actions When Danger to a Child Is Present

CPS May 2023

When the caseworker identifies a danger to a child, the caseworker must immediately identify safety interventions necessary to ensure child safety. The safety interventions can range from developing a safety plan with the family to seeking legal intervention.

3210 Safety Plan

CPS August 2024

A safety plan is a written agreement used when an immediate danger to a child is identified and action is required to keep a child safe. A safety plan remains in place, when needed, to ensure child safety, and it must not exceed 30 calendar days without an approved extension. Action on a safety plan can range from a parent or legal guardian moving the child away from the danger to a parent or a legal guardian being supervised while caring for the child. For safety plans requiring supervision, one of the following people supervises the parent or legal guardian:

  • A safety plan monitor
  • A Parental Child Safety Placement (PCSP) caregiver

The safety plan monitor or PCSP caregiver must not be directly involved in the alleged abuse or neglect and must be assessed for his or her ability to protect the child.

Safety plans are only implemented in the following ways:

  • The child and the parent or legal guardian remain together, and contact is supervised.
  • The child and the parent or legal guardian reside together but away from the danger.
  • The child and the parent or legal guardian do not reside together, and contact between them is supervised (family-initiated PCSP).

The caseworker must provide a signed copy of Form 2604 Safety Plan or Form 2207 Family-Initiated Parental Child Safety Placement Agreement and Safety Plan to each applicable person who signed it and upload a copy into OneCase.

A safety plan is completed on Form 2604 or Form 2207, except in one of the following situations:

Family-Initiated Parental Child Safety Placement

A family-initiated PCSP is a type of safety plan used when the situation meets the following criteria:

  • There is an immediate danger to a child.
  • All options allowing the child and the parent or legal guardian to remain in the home together were exhausted.
  • A parent or legal guardian may decide to place a child with a PCSP caregiver, and the parent does not live in the home.

The PCSP caregiver takes care of the child and supervises contact between the child and the parent or legal guardian. Family-initiated PCSPs last only as long as needed to ensure child safety and do not exceed 30 calendar days without an approved extension.

Texas Family Code §264.902

A family-initiated PCSP requires a completed Form 2207 Family-Initiated Parental Child Safety Placement Agreement and Safety Plan. See 3212 Assessing the Child’s Safety before Implementing a Safety Plan or Family-Initiated Parental Child Safety Placement (PCSP).

Existing Custody or Visitation Court Orders

A safety plan must not contradict existing court orders or require a person to take actions contrary to an existing court order.

For example, if one parent has court-ordered visitation with a child, the safety plan cannot require the other parent to deny visitation.

Factors to Consider Prior to Safety Plan Implementation

The caseworker must not implement a safety plan, including a family-initiated PCSP, if the caseworker determines that removal is necessary and more appropriate because the intervention would not adequately protect the child, based on case-specific factors. These factors may include, but are not limited to, the following:

  • Danger to the child, if the child remains with or returns to the parent.
  • Child and family’s history.
  • Risk to the child.

3211 Out-of-State Safety Plan Monitor or Family-Initiated PCSP

CPS May 2023

A child must not be placed outside of the state of Texas with a safety plan monitor or PCSP caregiver.  

3212 Assessing the Child’s Safety Before Implementing a Safety Plan or Family-Initiated Parental Child Safety Placement (PCSP)

3212.1 Assessment of Caregivers

CPS August 2024

Before implementing the safety plan, the caseworker must evaluate the safety plan monitor or PCSP caregiver’s ability to protect the child and ensure child safety.

The safety plan monitor or PCSP caregiver must meet all of the following criteria:

  • Be 21 years old or older.
  • Have a relationship with the child and family.
  • Have a government-issued or other form of identification that includes a picture (see 3212.2 Completing Background Checks).
  • Have completed criminal and DFPS history background checks.
  • Be able to provide a safe and appropriate environment for the child.
  • Be able and willing to provide supervision necessary to ensure the safety of the child.
  • Understand DFPS’s concern about abuse and neglect and the danger indicator identified.
  • Understand and be able to meet the responsibilities in the safety plan.
  • Allow DFPS to interview and assess all household members to ensure the home is safe, if the child and the parent or legal guardian are moving into the safety plan monitor’s home or a family-initiated PCSP is implemented.
  • Allow DFPS to observe the entire home environment to ensure the home is safe, if the child and the parent or legal guardian are moving into the safety plan monitor’s home or a family-initiated PCSP is implemented.
  • Allow DFPS continual access to the home to assess the home environment.
  • Notify DFPS of any frequent visitors to the home to determine if they need to be assessed.

Additional Requirements for a Family-Initiated PCSP

The caseworker must do the following:

The Child and the Parent or Legal Guardian Reside Together but Away from the Danger

If the child and the parent or legal guardian are residing in the home where abuse or neglect is alleged and a parent or legal guardian agrees to move into a relative or friend’s home with the child away from the danger, the caseworker must ensure the child is safe and DFPS has continual access to the home.

The caseworker must do the following:

  • Complete criminal and DFPS history background checks on any home members.
  • Conduct interviews with anyone who resides in the home.
  • Observe the entire home environment.
3212.2 Completing Background Checks

CPS September 2023

Before implementing a safety plan, the caseworker must obtain the results of a DPS criminal history check and DFPS abuse and neglect history check for every safety plan monitor. If the background checks find any history, the caseworker must meet with the supervisor to discuss the results before proceeding with the safety plan or family-initiated PCSP.

If the child and parent or legal guardian will reside in the safety plan monitor’s home, background checks must be completed on anyone 14 years old or older who resides in the home.

Before implementing a family-initiated PCSP, the caseworker must obtain the results of a DPS criminal history check and DFPS abuse and neglect history check for the following people:

  • Every PCSP caregiver.
  • Anyone 14 years old or older who resides in the home.

The caseworker must view one of the following for all adults providing supervision:

  • A driver license.
  • Identification issued by the United States or a foreign government.
  • A form of identification that includes a picture, such as the following:
    • Credit card
    • Library card
    • Employee badge
    • School identification

The identification must be supported with other identification documents such as rental leases or utility bills in the person’s name.

If an acceptable form of identification is not available, the caseworker must not allow that person to be a safety plan monitor or PCSP caregiver.

Completing FBI Criminal History Checks

The caseworker must review and evaluate FBI criminal history for a safety plan monitor, PCSP caregiver, or anyone 18 years old or older who resides in the home if any of the following apply:

  • That person has lived out of state within the last three years.
  • The caseworker learns that person may have criminal history in another state.

To verify the FBI criminal history check, the caseworker must view a valid, unexpired government-issued identification.

Within seven days of the FBI criminal history check, the person must submit to an FBI fingerprint check. If the person does not have a valid government-issued identification or refuses to submit to a fingerprint check, the safety plan or family-initiated PCSP must not be implemented.

The caseworker must not document the FBI criminal history results in IMPACT.

Safety Plan Monitor or PCSP Caregiver with Criminal History

If criminal history is found, the caseworker must evaluate whether it poses a danger to the child.

There are certain criminal offenses that are an absolute bar or require a safety evaluation and approval from a program director or regional director before a safety plan or family-initiated PCSP can be implemented. See Appendix 4525, Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs.

The supervisor must document the program director or regional director’s decision in IMPACT within 24 hours.

Completing DFPS Abuse and Neglect History Checks

The caseworker must review, evaluate, and document the person’s DFPS abuse and neglect history before agreeing to a safety plan or family-initiated PCSP.

Completing Out-Of-State Abuse and Neglect History Checks

The caseworker must review, evaluate, and document any out-of-state abuse and neglect history for a safety plan monitor, PCSP caregiver, or anyone 14 years old or older who resides in the home if any of the following apply:

  • That person has lived out of state within the last five years.
  • The caseworker learns that person may have abuse or neglect history in another state.

Safety Plan Monitor or PCSP Caregiver with Abuse or Neglect History

If abuse or neglect history is found, the caseworker must evaluate whether it poses a danger to the child.

If a safety plan monitor or PCSP caregiver has a Reason To Believe finding for abuse or neglect in a prior case, then a safety evaluation is required. See 3212.4 Safety Evaluation.

A program director must review and approve the safety evaluation for anyone with a Reason To Believe finding for neglect. A regional director must review and approve the safety evaluation for a person with a Reason To Believe finding for abuse.

The supervisor must document the program director or regional director’s decision in IMPACT within 24 hours.

3212.3 When Out-of-State Criminal and Abuse and Neglect Background Results Are Not Immediately Available

CPS May 2023

A program director or above can approve a safety plan monitor or PCSP caregiver until out-of-state criminal or abuse and neglect background check history is received. The supervisor must document this approval in IMPACT within 24 hours.

Immediately after the results have been obtained, if there are concerns for the child’s safety based on the results, the safety plan monitor or PCSP caregiver can no longer be used unless the caseworker completes a safety evaluation and required approvals are obtained.

The caseworker must document all efforts to obtain the required background check results. 

3212.4 Safety Evaluation

CPS September 2023

A safety evaluation is required when certain criminal convictions or abuse and neglect history is found during the assessment of a safety plan monitor, PCSP caregiver, or anyone 14 years old or older who resides in the home. To complete the safety evaluation, the caseworker must document the following in a contact narrative:

  • 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.
  • Information that DPS or other state criminal justice agency may disclose to specific types of people per Texas Government Code, Section 411.114. DFPS cannot disclose or release FBI criminal history information to any person or entity.
  • Information that the caregiver possesses a criminal conviction history that requires a safety evaluation. If a criminal conviction requiring a safety evaluation is found in the caregiver’s FBI criminal history, but was not also listed on the caregiver’s DPS criminal history results, the caseworker cannot document the FBI criminal history record information under any circumstances.
  • Length of time since criminal conviction or Reason to Believe finding for abuse or neglect.
  • The response to the circumstances surrounding the arrests, convictions, or the abuse or neglect history.
  • The evidence that supports how past behaviors do not pose a current safety concern for the child.

The caseworker is responsible for documenting the safety evaluation in IMPACT within 24 hours.

3212.5 Approval or Denial of a Safety Plan or Family-Initiated PCSP

CPS September 2023

When implementing a safety plan, the caseworker must do the following after all background checks and interviews are completed:

  • Get verbal or written approval or denial from a supervisor or above (when applicable) for the safety plan or PCSP.
  • Document the approval or denial in IMPACT.

When implementing a family-initiated PCSP, the caseworker must do the following after all background checks and interviews are completed:

  • Get verbal or written approval or denial from a program director or above (when applicable).
  • Document the approval or denial in IMPACT.

If a safety evaluation was completed, the supervisor must document the program director or regional director’s decision to approve or deny the safety plan monitor or PCPS caregiver.

The caseworker must notify the parent or legal guardian of whether the safety plan monitor or PCSP caregiver was approved or denied but must not disclose any of the criminal or abuse or neglect history.

Texas Family Code §264.903(c)

3212.6 New Child Placed into an Existing Family-Initiated PCSP

CPS August 2024

When a new child is being placed in an existing family-initiated PCSP, the caseworker must do all of the following:

3212.7 New Child Placed into a Kinship or Licensed Foster Home

CPS August 2024

When a new child is being placed into a kinship or licensed foster home, the caseworker must do all of the following:

  • Seek approval from the conservatorship program director to place a new child in the home.
  • Seek approval from the licensing agency (if the family is licensed) to place a new child in the home.
  • Assess the PCSP caregiver and home to determine how the family-initiated PCSP will keep the child safe and meet the child’s needs.
  • Complete Form 2207 Family-Initiated Parental Child Safety Placement Agreement and Safety Plan.
  • Provide the parents and caregiver with a completed and signed copy of Form 2207.
3212.8 Court Places a Child in a Family-Initiated PCSP without DFPS Agreement

CPS August 2024

When DFPS staff determine that a home is not approved for a family-initiated PCSP but a judge subsequently orders the child placed in the home, the caseworker must follow the court order.

The caseworker attempts to complete Form 2207 Family-Initiated Parental Child Safety Placement Agreement and Safety Plan with the PCSP caregiver and anyone who lives in the home to ensure the discussions needed to assess safety take place.

The caseworker continues to assess and documents the concerns that led DFPS to deny the family-initiated PCSP before the court order.

If the caseworker determines the child is unsafe residing in a court-ordered family-initiated PCSP, the caseworker immediately contacts the attorney representing DFPS to determine whether or not the situation rises to the level of contacting the judge who entered the court order.

3213 Required Ongoing Contacts after Implementing a Safety Plan and Family-Initiated PCSP

3213.1 Required Ongoing Contacts During a Safety Plan

CPS May 2023

The caseworker must have contact with the parent or legal guardian, child, and safety plan monitor to assess the child’s safety and if the safety plan can be ended. The caseworker must do the following:

  • Complete the contact and reevaluation as often as necessary but at least every 30 calendar days.
  • Document the contact in IMPACT.

Safety plans must not go beyond 30 calendar days without being reviewed with a supervisor.

If during the review the caseworker and supervisor determine a safety plan is needed beyond 30 days due to an unresolved danger indicator, the caseworker must do the following:

  • Document the review in IMPACT.
  • Develop a new safety plan.
3213.2 Required Ongoing Contacts during a Family-Initiated PCSP

CPS September 2023

The caseworker must make face-to-face contact with the child, parent, and PCSP caregiver within 15 calendar days of the initial placement.

After the initial face-to-face contact, the caseworker must have face-to-face contact with the child, parent, and PCSP caregiver at least once every 30 calendar days. The contacts with the child and PCSP caregiver must be in the PCSP caregiver’s home at least once every 30 calendar days. Additional face-to-face contact with the child and PCSP caregiver is required when services are offered through Family-Based Safety Services, see 12240 Face-to-Face Contacts.

At each contact, the caseworker must assess the following:

  • Whether the child can safely return to the physical care of the parent or legal guardian.
  • Whether the parent or legal guardian needs a referral to any resources.
  • Whether the family-initiated PCSP remains safe, and the plans to meet the child’s needs are still appropriate.

For the family-initiated PCSP to continue, the caseworker must do the following:

  • Confirm the caregiver is willing and able to continue the placement.
  • Provide a referral to any resources the PCSP caregiver may need to ensure the child’s needs are met.
  • Run DFPS background checks and criminal background checks on any new PCSP home members who are 14 years old or older.

3214 Extending a Family-Initiated PCSP Past 30 Days

CPS August 2024

A family-initiated PCSP automatically terminates on the 30th calendar day from the date the agreement is signed or when the child is placed, whichever is earlier. If the family-initiated PCSP will remain open past 30 calendar days, the caseworker must seek approval from the supervisor and program director. The supervisor and program director must assess if the child is able to safely return home or if legal intervention is necessary.

When an extension of the family-initiated PCSP is approved or denied, the approval or denial and rationale must be documented in a contact narrative in IMPACT. If the program director approves the request to extend the family-initiated PCSP past 30 calendar days, an estimated end date must be documented to not exceed 30 calendar days from the approval date.  

If the family-initiated PCSP will remain open past 60 calendar days, the caseworker must seek approval from the supervisor and program director. DFPS must seek legal intervention prior to extending a family-initiated PCSP past 60 calendar days when the parent is uncooperative and the child cannot be safely returned to a parent. The caseworker and supervisor must consult with the program director to determine whether to request a court order for services or removal.

The family-initiated PCSP must not remain open past 90 calendar days, unless the program director reviews and approves the decision to continue the PCSP and one of the following apply:

The approval or denial and the rationale must be documented in a contact narrative in IMPACT.

Required Parent Notification When Extending a Family-Initiated PCSP Past 30 Days

Each time a family-initiated PCSP is approved to extend past the initial 30 calendar days, the caseworker must notify the parent of his or her right to:

  • Refuse to enter into the agreement.
  • Be represented by a hired attorney or a court-appointed attorney (if the parent is indigent), if DFPS seeks an order to require the parent to participate in services.

3215 Ending a Safety Plan or Family-Initiated PCSP

CPS May 2023

After receiving approval from the supervisor, the caseworker must end a safety plan when one of the following occurs:

  • The safety plan is no longer needed to address a danger.
  • The stage will be closed with no further DFPS involvement.

The caseworker must document all information regarding the rationale and approval to end the safety plan in IMPACT.

Ending a Family-Initiated PCSP

The caseworker must end a family-initiated PCSP after consulting with the supervisor when any of the following apply:

  • The parent or legal guardian wants to end the family-initiated PCSP.
  • The child can safely return to a parent or legal guardian.
  • The child is living with someone who is entitled to legal custody.
  • The child moves to another family-initiated PCSP home.
  • The PCSP caregiver is no longer willing or able to safely care for the child.
  • DFPS receives legal custody (conservatorship) of the child.
  • The case is closed with the child in the family-initiated PCSP.
3215.1 Closing a Case When the Child Remains in a Family-Initiated PCSP

CPS August 2024

Before closing a case with the child remaining in the home of the PCSP caregiver, the caseworker must determine if the child can safely return to the parent or legal guardian.

If the child can safely live with a parent or legal guardian but the parent or legal guardian chooses to have the child continue living with the PCSP caregiver, the caseworker must do all of the following:

  • Document how the child will remain safe with the PCSP caregiver without further DFPS involvement.
  • Obtain and document a copy of the signed written plan between the parent or legal guardian and the PCSP caregiver, if possible.
  • Document the plan developed to ensure the child’s needs are met.
  • Document that the PCSP caregiver has agreed in writing to allow the child to remain in the PCSP caregiver’s care.
  • End the PCSP under the PCSP tab in IMPACT.

If the child cannot safely live with a parent or legal guardian and will remain with the PCSP caregiver, DFPS must seek legal intervention before closing the case. If an attorney determines no legal intervention is possible, the caseworker must do all of the following:

  • Document how the child will remain safe with the PCSP caregiver without further DFPS involvement.
  • Obtain and document a copy of the signed written plan between the parent or legal guardian and the PCSP caregiver, if possible.
  • Document the plan developed to ensure the child’s needs are met.
  • Document that the PCSP caregiver has agreed in writing to allow the child to remain in the PCSP caregiver’s care.
  • End the PCSP using Child Remains with PCSP Caregiver at Case Closure – No Legal Custody under the PCSP tab in IMPACT. 

The caseworker is not required to complete the above tasks if an affidavit requesting conservatorship of the child has been filed with the court and the judge denies the request.  The caseworker is required to notify their supervisor and program director of the judge’s denial. See 3221.3 Removal of a Child is Granted or Not Granted.

Texas Family Code, Chapter 264, Subchapter L

3216 Refusal to Participate in a Safety Plan

CPS May 2023

If the family is unwilling to participate in a safety plan, the caseworker and supervisor must staff with a program director for approval before seeking any legal intervention (such as temporary managing conservatorship, court order to participate in services, or aid to investigate). See 3220 Taking Legal Custody of a Child.

Interventions that Require Legal Involvement

Legal interventions include the following:

  • Removing an alleged or designated perpetrator from the home where the abuse or neglect is alleged.
  • Assisting a parent or legal guardian in getting a court order for protection of a child or family member.
  • Obtaining a temporary restraining order if the caseworker believes that a parent or legal guardian is going to remove a child from the state.
  • Obtaining a court order that requires a parent or legal guardian to participate in services.

If any of the above are completed with the family, the caseworker must upload the signed documents into OneCase.

If the caseworker determines that a safety plan is not sufficient to mitigate the danger or a safety plan cannot be established because the parent or legal guardian refuses to participate, the caseworker must staff with the supervisor and program director to request an emergency order to remove the child from the home. See 3220 Taking Legal Custody of a Child.

Texas Family Code §262.1015

Texas Family Code §264.203

3220 Taking Legal Custody of a Child

CPS November 2023

The caseworker makes reasonable efforts to prevent or eliminate the need to remove the child from the home, including referring the family for a Family Team Meeting (FTM). If a referral for an FTM is not possible, the caseworker documents the reason in IMPACT. See 1121 Family Group Decision-Making (FGDM).

The caseworker must determine if the child was previously adopted through DFPS. Afterward, the caseworker must contact the regional post-adoption liaison to do one of the following:

  • If the child was previously adopted through DFPS, determine whether services are available through the post-adoption provider.
  • If the child was not previously adopted through DFPS, discuss the possibility of post-adoption substitute care.

See 6961 Postadoption Substitute Care Services.

The caseworker must not implement a safety plan, including a family-initiated parental child safety placement (PCSP), or request an order to remove the perpetrator or alleged perpetrator from the child’s home (see 5120 Removing the Perpetrator or Alleged Perpetrator From the Home), if the caseworker determines that removal is necessary and more appropriate because the intervention would not adequately protect the child, based on case-specific factors. These factors may include, but are not limited to, the following:

  • Danger to the child if the child remains with or returns to the parent
  • Child’s and family’s history
  • Risk to the child

A caseworker and supervisor must staff with a program director for approval before seeking any legal intervention such as:

  • DFPS conservatorship (removal).
  • Court order to participate in services.
  • Court order to remove the alleged perpetrator from the child’s home.
  • Court order in aid to investigate.

Once approved by the program director, the caseworker and supervisor must move forward with seeking legal intervention.

3221 Removal of a Child

CPS November 2023

Before a child is removed, the caseworker must assess the safety of the home of both parents or legal guardians. If it is not possible to assess the home of both parents or legal guardians before the removal, the caseworker must do one of the following:

  • Take steps to complete the assessment before the adversary hearing.
  • Document in a contact narrative in IMPACT the reason an assessment was not completed on one or both parents.

The caseworker removes the child from the home when the situation meets all the following criteria:

  • There is immediate danger to the child.
  • The caseworker has made reasonable efforts, consistent with the circumstances of the case, to secure the child’s safety and to prevent or eliminate the need for removal.

Texas Family Code §262.101

Texas Family Code §262.104

The caseworker must have all the following before removing a child:

  • Approval from the supervisor.
  • Approval from the program director.
  • A court order or exigent circumstances, in compliance with the Fourth Amendment of the United States Constitution.

If a DFPS lawsuit involves a child with possible Native American family history, the Indian Child Welfare Act (ICWA) may apply. See 5740 The Indian Child Welfare Act (ICWA).

3221.1 Placement and Possession of Child After Removal

CPS November 2023

After the child is removed, DFPS must place the child with the child’s noncustodial parent or another person who is legally entitled to possession of the child at or before the adversary hearing unless one of the following conditions is met:

  • The noncustodial parent or other person caused the immediate danger to the child’s physical health or safety.
  • The noncustodial parent or other person was the perpetrator of the abuse or neglect in the current case.

The court must order possession to the noncustodial parent or another person who is legally entitled to possession of the child, except in the following situations:

  • DFPS made a diligent effort but could not locate the person, or the person is unable or unwilling to take possession of the child.
  • DFPS made reasonable efforts to enable the person to take possession of the child, but possession by that person still presents a continuing danger to the physical health or safety of the child. The danger is caused by the person’s actions or failure to act, including a danger that the child would be a victim of trafficking under Section 20A.02 or 20A.03 of the Penal Code.

Texas Family Code §262.201 (g-1)

If the child is not placed with the noncustodial parent or another person who is legally entitled to possession of the child, DFPS must place the child with a kinship caregiver, unless the court finds placement with a kinship caregiver is not in the child’s best interest. See 5431.3 Standard of Proof in an Adversary Hearing.

Texas Family Code §262.201 (n)

3221.2 Steps in the Removal Process

CPS November 2023

When initiating a removal, the caseworker follows the criteria in 5400 From Removal to the Adversary Hearing. The following table describes which policy a caseworker refers to when taking certain actions.

Steps in the Removal Process

Reference Policy

Conducting either of the following types of removals:

  • Exigent removal without a court order.
  • Removal with a court order.

Rescinding the decision to conduct an emergency removal.

5414 Rescinding the Decision for Emergency Removal

Explaining the reason for removal and the removal process to parents and caregivers, the child, and the caregiver in the proposed placement.

Providing the following required documents to the parents at the time of removal:

Gathering information from parents and children to complete the following required removal forms:

Placing the child and discussing the child’s needs with the caregiver, including gathering the child’s personal belongings and completing the following forms:

Completing a follow-up visit to the home placement to check on the progress of the child and caregiver.

4122.1 Pre-Placement Visit for Emergency Placement

Notifying any known relatives and absent parents about the removal.

6122 Required Tasks at Conservatorship Assignment

Filing the following documents with the court before the adversary hearing:

5431.11 Required Information Provided to the Court Before the Adversary Hearing
3221.3 Removal of a Child Is Granted or Not Granted

CPS November 2023

An attorney representing DFPS, or a judge, must determine one of the following:

  • Removal granted — The case meets the criteria for legal action. The caseworker must close the investigation as Removal/Sub care.
  • Removal not granted — If an attorney who represents DFPS or a judge denies a request for removal of a child, the caseworker and supervisor must immediately document the legal denial and notify their program director.

If the attorney representing DFPS denies the request for a removal, the program director reviews the case and circumstances for removal to determine if the program director agrees with the denial.

If the program director disagrees with the legal denial and continues to be concerned about the safety of the child, the program director contacts the attorney who represents DFPS or the regional attorney, if the program director feels a removal is warranted. If the legal removal is still denied after exhausting all efforts with the attorney who represents DFPS or the regional attorney and with the chain of command, the caseworker must close the investigation as Family Refusal/No Legal Intervention Possible.

If the program director agrees with the attorney’s denial, the program director staffs with the supervisor and caseworker to determine next steps to resolve the case. The caseworker must not close the investigation as Family Refusal/No Legal Intervention Possible.

See:

2292 Action on a Submitted Investigation

2294 Investigation Recommended Actions at Closure

Documentation of Legal Action in IMPACT

The caseworker does the following under the Legal Actions tab in IMPACT in the INV or FPR stage:

  • Selects the oldest victim from the Person List.
  • Selects Ex-Parte Order under the Action drop-down menu.
  • Selects one of the following under the Subtype drop-down menu:
    • Signed before removal
    • Signed after removal
  • Selects one of the following under the Outcome drop-down menu:
    • Not granted
    • Granted
  • Enters the date legal intervention was granted or not granted under the Outcome/Court Date.
  • Checks the box Document in Case File. (The affidavit must be uploaded into OneCase.)
  • If applicable, in the Comments field, documents any pertinent information about the request for legal intervention, such as:
    • Only one child was removed from the home.
    • A parent or relative is seeking legal custody of a child in the home.
    • The reason the legal intervention was not granted.

The caseworker also follows policy in 5251 Entering a Change in Legal Status or Legal Action Into IMPACT and 6133.3 Documenting Legal Activity for legal action and legal status entries for a child who is removed and enters DFPS conservatorship. See also the Hearings and Legal Proceedings Resource Guide.

3222 Notification and Assignment of Conservatorship Caseworker

CPS September 2021

The caseworker initiating the removal notifies the assigned CPS conservatorship (CVS) program staff no later than two business days after any removal. Notification must include the following:

  • Case name
  • Case number
  • Removal affidavit

After notification of the removal, within two business days, the CVS staff gives the following information to the caseworker who initiated the removal:

  • The name of the CVS caseworker assigned to the case.
  • The date of the case transfer staffing.

The removing caseworker then assigns the CVS caseworker as secondary in the Family Substitute Care (FSU) and Child Substitute Care (SUB) stages within one business day.

After the adversary hearing, the caseworker initiating the removal assigns the CVS caseworker as the primary caseworker. The CVS caseworker assumes responsibility for taking any other actions needed to meet the needs of the child and family.

If there is an extension of the adversary hearing, the following applies:

  • The caseworker initiating the removal is responsible for assigning the CVS caseworker as the primary caseworker.
  • The caseworker initiating the removal is responsible for attending court and giving testimony related to the removal actions.

After assignment of the CVS caseworker as primary, the CVS caseworker is responsible for case-related actions necessary to meet the needs of the child and family.

3223 Diligent Search for Possible Relative or Fictive Kin Placement

CPS November 2022

The caseworker initiating the removal submits Form 2277 Request for Diligent Search to the DFPS FINDRS mailbox within 24 hours of receiving either of the following:

  • A signed court order ordering removal.
  • A judge’s verbal order to remove the child.

DFPS uses due diligence to find another parent, adult relative, or fictive kin of a child within 14 calendar days after removal. DFPS must complete this search before the adversary hearing.

Texas Family Code §262.201 (g-1) and (n)

Once the diligent search results are received, the caseworker must do both of the following:

  • Forward the results to the assigned secondary CVS caseworker and supervisor within 24 hours.
  • Upload the results into OneCase before the case is submitted for closure.

DFPS assesses a person as a potential caregiver for placement if that person is both of the following:

Texas Family Code §262.1095

See:

4113 Gather Information and Recommendations to Select a Placement

4114 Required Factors to Consider When Evaluating a Possible Placement

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