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4500 Interstate Placements

CPS October 2017

When DFPS seeks to place a child in DFPS custody outside Texas, or another state requests to place a child in Texas, the child’s placement is subject to the Interstate Compact on the Placement of Children (ICPC). The ICPC is enacted as part of the Texas Family Code §162.101.

ICPC regulations are published online by the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC).

The Interstate Compact on the Placement of Children applies primarily to::

  •   placements of children who have been removed from their homes because of abuse or neglect, in which the state has taken legal custody; and

  •   private placements for adoption and specialized residential care.

The ICPC does not apply when a mentally ill or developmentally disabled child is placed in a facility for acute short-term treatment for stabilization in an emergency.

Caseworkers who have questions about whether the ICPC applies to a case must consult as soon as possible with:

  •   the ICPC regional coordinator; or

  •   the attorney representing DFPS.

For an overview of the ICPC process, see the Interstate Compact on the Placement of Children (ICPC) Resource Guide.

For information on private placements for adoption and specialized residential care, see the Private Interstate Adoption Resource Guide.

4510 Placing Children Outside of Texas

CPS October 2017

When a Texas caseworker places a child in another state, the caseworker must continue to apply all of the policies and procedures for substitute care services that apply to the child’s case. See 6000 Substitute Care Services.

4511 Documenting a Request to Place a Child Outside of Texas

CPS October 2017

Before placing a child in another state, the caseworker must request:

  •   a home screening in that state; and

  •   permission to place the child in the other state.

To begin this process, the caseworker must prepare an interstate placement request packet in IMPACT

See the ICPC Checklist.

Refer to the ICPC Resource Guide for information on completing the request packet.

The caseworker must submit the competed interstate placement request packet for supervisory approval no later than 15 calendar days from the date a home screening was determined to be necessary.

The supervisor must submit the approved home study request to the regional ICPC coordinator, who submits it to the Texas Interstate Compact Office (TICO). TICO must receive the approved home screening request no later than 30 calendar days from the date a home screening was determined to be necessary.

4512 Expedited ICPC Home Screening

4512.1 Criteria for an Expedited Home Screening

CPS October 2017

A Texas caseworker may request an expedited home screening for an Interstate Compact on the Placement of Children (ICPC) case, only if:

  •   the proposed caregiver has one of the relationships to the child listed below; and

  •   at least one of the circumstances listed below applies.

Valid Relationship

The proposed caregiver must be the child’s:

  •   parent;

  •   stepparent;

  •   grandparent;

  •   adult brother or sister;

  •   adult aunt or uncle; or

  •   guardian.

Cousins, great-aunts, great-uncles, and great-grandparents do not meet the criteria for the degree of relationship between the child and the proposed caregiver. Fictive kin, such as close family friends, also do not meet the criteria.

Applicable Circumstances

In addition, at least one of the following circumstances must apply:

  •   an unexpected dependency exists because of a sudden or recent incarceration, incapacitation, or death of a parent or guardian. (Incapacitation means a parent or guardian is unable to care for a child because of the parent or guardian’s medical, mental, or physical condition);

  •   the child is currently in an emergency placement;

  •   the court finds that any child in the sibling group of the child being placed has a substantial relationship with the proposed placement; or

  •   a child being placed is age four or younger. If the child age four or younger is in a sibling group with older siblings, then the older siblings may be placed in the same proposed placement with the younger child.

When an Expedited Home Screening Cannot Be Requested

A Texas caseworker may not request an expedited home screening if:

  •   the proposed placement is for a foster or adoptive home;

  •   the child is already placed in the receiving state, in violation of ICPC guidelines; or

  •   the proposed placement is with a non-custodial parent and the placement does not meet the criteria for requesting a home study specified in 4513.1 Placing a Child with an Out-of-State Non-Custodial Parent

4512.2 Initiating an Expedited Home Screening

CPS October 2017

All of the documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas applies to expedited home screenings.

In addition, the caseworker must ensure that the following are uploaded or entered into the request packet in IMPACT:

  •   ICPC Criteria for Priority Home Screening – Form ICPC105;

  •   Order of Compliance (Priority Court Order); and

  •   Priority Home Study Request form.

The caseworker must send the packet to the ICPC administrator within three business days of receiving the order of compliance.

ICPC regulations require the other state’s interstate compact office to return a completed priority home screening to the Texas Interstate Compact Office within 20 calendar days from the date the other state’s interstate compact office receives and accepts the priority ICPC placement request packet.

For actions required to obtain a court order for an expedited placement, see 5812.2 Required Actions to Request a Court Order for an Expedited Placement Decision Pursuant to Regulation 7.

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

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

CPS October 2017

A non-custodial parent is a parent with whom the child was not living at the time of removal.

The caseworker may only initiate an Interstate Compact on the Placement of Children (ICPC) home study request on a non-custodial parent if:

  •   the non-custodial parent’s rights to the child were previously terminated; or

  •   the court orders DFPS to initiate an ICPC home study and the caseworker:

  •   provides CPS state office with a copy of the court order; and

  •   completes the placement request packet in IMPACT (See 4511 Documenting a Request to Place a Child Outside of Texas).

If neither of the above situations applies, and a non-custodial parent living outside of Texas requests the child be placed with him or her, the caseworker must not initiate an ICPC home study request. Instead, the caseworker must assess the non-custodial parent as described in 4513.11 Assessing the Non-Custodial Parent.

The assessment may still result in the caseworker initiating an ICPC home study request if the non-custodial parent chooses that option, or the court orders the home study after conducting a hearing on the non-custodial parent’s ability to adequately and safely care for the child and finds that the non-custodial parent is unfit. See 4513.13 If the Caseworker Has Concerns With the Placement.

For the process that the Texas Interstate Compact Office and the other state follow, see 9200 Placing Children from Texas in Another State and its sub-items.

4513.11 Assessing the Non-Custodial Parent

CPS October 2017

The caseworker must conduct an assessment to determine the non-custodial parent’s fitness, which is the non-custodial parent’s ability to safely and adequately care for the child and the child’s best interest.

To assess the non-custodial parent for placement without initiating an ICPC home study request, the caseworker must take following steps.

Background Checks

Background Checks in Other States

If background check results have not already been obtained during the Investigation stage, the caseworker must request that the non-custodial parent make a good faith attempt to obtain from the non-custodial parent’s current state of residence:

  •   a child abuse and neglect central registry check; and

  •   a state-based criminal history check.

Only the non-custodial parent, not the caseworker or DFPS attorney, may contact the other state’s child welfare office to obtain the child abuse and neglect central registry check, as this would violate the ICPC.

If the caseworker has reason to believe that the non-custodial parent may have criminal history from another state besides Texas and the state where the non-custodial parent currently resides, the caseworker must request that the non-custodial parent obtain an FBI fingerprint-based criminal history check instead of a state-based criminal history check.

If the caseworker has reason to believe that the non-custodial parent may have child abuse and neglect history from a state other than Texas and the state where the non-custodial parent currently resides, the caseworker must request that the non-custodial parent make a good faith attempt to obtain a child abuse and neglect central registry check from that state, in addition to obtaining one from the state where the non-custodial parent currently resides.

The caseworker must work with the non-custodial parent to obtain the necessary information. However, if the caseworker cannot acquire the information, the lack of this information is not a basis for determining the non-custodial parent’s fitness.

Texas Name-Based Search

The caseworker must conduct a name-based search of the non-custodial parent in the Texas Department of Public Safety (TDPS) database and in IMPACT.

Home Visit

The caseworker must attempt to secure a home visit of the non-custodial parent’s residence by local law enforcement, CASA, or a similar entity apart from the other state’s child welfare agency.

Phone Interview

The caseworker must conduct a phone interview with:

  •   the non-custodial parent;

  •   other individuals living in the non-custodial parent’s home; and

  •   the parent the child was removed from, if appropriate.

During these phone interviews the caseworker must assess the non-custodial parent’s fitness. If the non-custodial parent has access to video conferencing, the caseworker must attempt to conduct the interview with that non-custodial parent using video conferencing to assess the non-custodial parent’s home and living situation.

If the non-custodial parent is unable to obtain background check results from the state the non-custodial parent is living in or the caseworker is unable to obtain a home visit, the caseworker must attempt to obtain as much information as possible through the interviews.

Issues to Address

During the interviews, the caseworker must address the following issues:

  •   the child’s age, wishes, and needs;

  •   whether the non-custodial parent is prepared and able to address any special therapeutic, medical, or other needs of the child, such as trauma from abuse or neglect, physical or mental disabilities, etc.;

  •   whether the non-custodial parent is financially able to provide a stable home for the child;

  •   whether other individuals who are age 14 or older and live in the home, or will have substantial contact with the child have a child abuse and neglect and/or criminal history. If the caseworker has reason to believe that child abuse and neglect and/or criminal history exist, the caseworker must request that the individual make a good faith attempt to obtain a child abuse and neglect central registry check and/or a state-based criminal history check;

  •   the nature of the abuse or neglect in the custodial parent’s home;

  •   the extent to which the non-custodial parent was or should have been aware of the circumstances that caused the removal from the custodial parent;

  •   the degree of existing relationship or history with the child, including when the non-custodial parent last lived with, visited, or communicated with the child;

  •   the ability of both parents to cooperate regarding parenting and/or reunification;

  •   the terms of any existing custody order, including any restrictions on access or requirement that the non-custodial parent’s visitation be monitored.

The caseworker must also consider any other evidence of the non-custodial parent’s fitness, including but not limited to evidence that any court with jurisdiction over child custody cases has:

  •   ordered that any child be removed from that non-custodial parent’s care and the non-custodial parent has not regained custody;

  •   terminated the non-custodial parent’s rights with regard to any of the non-custodial parent’s children; or

  •   limited the non-custodial parent’s contact with regard to any of the non-custodial parent’s children.

The caseworker must discuss any concerns regarding the placement with the child’s attorney and/or guardian ad litem.

4513.12 If the Caseworker Does Not Have Concerns With the Placement

CPS October 2017

If, based on the information obtained from the parent’s assessment, the caseworker does not have concerns about the non-custodial parent’s fitness, the caseworker must request that the Texas court:

  •   make a finding in the court order that placement with the non-custodial parent is no longer contrary to the child’s welfare;

  •   enter an order placing the child with the non-custodial parent, and

  •   dismiss the case.

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

4513.13 If the Caseworker Has Concerns With the Placement

CPS January 2018

The caseworker must not base her or his concerns about the placement and the non-custodial parent’s lack of fitness on the inability to obtain background checks or a home visit. The caseworker’s concerns must be based on other evidence that the non-custodial parent would not be able to adequately and safely parent the child.

If, based on the information obtained from the assessment, the caseworker has concerns regarding the parent’s fitness, the caseworker must inform the non-custodial parent that he or she can:

  •   request that the Texas caseworker initiate an ICPC home study (unless the case originates from a county in the Fourth Court of Appeals); or

  •   request a hearing in the Texas court to determine whether or not the parent is fit for placement of the child.

Note: Special requirements apply if the caseworker has concerns with the placement and the case is being heard in one of the following counties in the Fourth Court of Appeals:

      Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val, Verde, Webb, Wilson, Zapata, and Zavala

See If the Caseworker Has Concerns With the Placement and the Case Is Being Heard in a County in the Fourth Court of Appeals, below.

Requesting an ICPC Home Study

Except in those counties listed above, if the non-custodial parent requests that the Texas caseworker initiate an ICPC home study, the caseworker must prepare the documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas. The caseworker must submit the competed documentation for supervisory approval no later than 15 calendar days after the date of the non-custodial parent’s request.

The supervisor submits the approved home study request to the regional ICPC coordinator, who submits it to the Texas Interstate Compact Office (TICO). TICO must receive an approved home study request no later than 30 calendar days after the date of the non-custodial parent’s request.

Requesting a Hearing in the Texas Court

If the non-custodial parent requests that a hearing be set, all parties, including DFPS, will have the opportunity at the hearing to present evidence regarding the non-custodial parent’s fitness or lack of fitness.

Court Determines the Parent is Fit

If the trial court finds insufficient evidence to show the non-custodial parent is unfit, the attorney representing DFPS must request that the Texas court:

  •   make a finding in the court order that placement with the non-custodial parent is no longer contrary to the child’s welfare;

  •   enter an order placing the child with the non-custodial parent; and

 •    dismiss the case.

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

Court Determines the Parent is Unfit

If the court finds the evidence shows the non-custodial parent is unfit, the attorney representing DFPS must request that the court order that DFPS remain managing conservator with responsibility for placement and care of the child.

If the court enters such an order, the non-custodial parent may still seek placement of the child under ICPC. If the non-custodial parent requests that DFPS initiate an ICPC home study, the caseworker must prepare the documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas. The caseworker must submit the competed documentation for supervisory approval no later than 15 calendar days after the date of the non-custodial parent’s request.

The supervisor submits the approved home study request to the regional ICPC coordinator, who submits it to TICO. TICO must receive an approved home study request no later than 30 calendar days after the date of the non-custodial parent’s request.

If the Caseworker Has Concerns With the Placement and the Case is Being Heard in a County in the Fourth Court of Appeals

If the case is being heard in one of the following counties, the caseworker must not inform the non-custodial parent that an ICPC home study is an option or initiate an ICPC home study on the parent even if requested by the non-custodial parent:

      Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val, Verde, Webb, Wilson, Zapata, and Zavala

In these counties, the attorney representing DFPS must advise the court that a decision of the Fourth Court of Appeals, In The Interest Of C.R.-A.A., which found that ICPC does not apply to a non-custodial parent, is controlling. If DFPS believes a non-custodial parent is unfit for placement and the case is from one of the above-named counties, DFPS must request a hearing in the Texas court for the court to determine the non-custodial parent’s fitness. See Requesting a Hearing in the Texas Court, above.

If, after the hearing, the trial court finds insufficient evidence to show the non-custodial parent is unfit, the attorney representing DFPS must request that the Texas court:

  •   make a finding in the court order that placement with the non-custodial parent is no longer contrary to the child’s welfare;

  •   enter an order placing the child with the non-custodial parent; and

 •    dismiss the case.

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

However, if the court finds the evidence shows the non-custodial parent is unfit, the attorney representing DFPS must request that the court order that DFPS remain managing conservator with responsibility for placement and care of the child. If the court still orders that DFPS initiate a home study or other ICPC services after being advised of In The Interest Of C.R.-A.A., the caseworker must comply with the court order.

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

CPS October 2017

The Texas court must order that the child be placed with the non-custodial parent and dismiss the case if:

  •   the caseworker does not have concerns with the placement after assessing the non-custodial parent; or

  •   the court finds that the non-custodial parent is fit after conducting the hearing. 

Before the case is dismissed, the caseworker must take the following actions.

Addressing Issues in Transporting the Child

If the non-custodial parent does not have the financial means to pick the child up from Texas, the caseworker must address this issue with the court before dismissal. At that time, the court and the Texas caseworker must determine the most safe and appropriate way to get the child to the non-custodial parent.

Prior or Existing Custody Orders

If the non-custodial parent is not already represented by legal counsel, the caseworker must inform the non-custodial parent to consult an attorney or legal aid to determine if:

  •   there are any prior existing custody orders that need to be modified; or

  •   the non-custodial parent needs to seek legal custody of the child after placement.

The caseworker may refer the parent to private legal aid resources that can help the non-custodial parent modify any prior existing custody orders or seek custody if there is no existing order.

Once the appropriate actions have been taken, the caseworker must request dismissal of the case.

4513.2 Placing a Child with an Out of State Custodial Parent

CPS October 2017

If the custodial parent moves out of state during the pending suit affecting the parent-child relationship (SAPCR) and placement with that parent is an option, the caseworker must initiate an ICPC home study request on the custodial parent. See 4511 Documenting a Request to Place a Child Outside of Texas

4513.3 Placing a Child with a Relative Out of State

CPS October 2020

Placement with relatives must comply with DFPS’s policy and the other state’s requirements for such placements. If the other state does not require the relative to be verified or licensed, the relative may qualify for the Texas Kinship Monthly Reimbursement Payment.

See:

4511 Documenting a Request to Place a Child Outside of Texas

4114.12 Placement with Relatives and Fictive Kin

6652 Explaining the DFPS Financial Assistance Available to a Kinship Caregiver

6680 Permanency Care Assistance (PCA)

4513.4 Placing a Child With a Foster Family Outside of Texas

CPS October 2017

In some situations, DFPS may place a child with a foster family that lives outside of Texas.

If the foster family is licensed or verified, the caseworker must first:

  •   notify the supervisor and program director before proceeding with an ICPC request; and

  •   obtain approval from the program administrator (PA) before submitting the ICPC placement request packet.

In order to approve the request, the PA must determine that:

  •   it is in the child’s best interest to be placed with the foster family;

  •   the foster family is able to meet the child’s ongoing medical and financial needs;

  •   the foster family is licensed by a private child-placing agency (CPA) in the other state and the CPA has entered into a contract with DFPS, or the foster family is licensed through the appropriate state agency in the other state.

Placing a child With a Close Friend of the Child’s Family

While DFPS treats the placement of a child with close friends of the child’s family like a placement with a relative, most states require close friends to be trained and licensed as foster caregivers.

Before submitting an ICPC placement request packet, the caseworker must research (through the regional ICPC coordinator or ICPC staff at the DFPS state office) the other state’s policy on placing a child with a close friend of the family.

Examples of Out-of-State Placements

The child’s birth family has moved to another state, and the child needs to be placed with a caregiver who lives near the birth family.

The child has grown attached to a foster family that must move outside of Texas and moving with the foster family will not affect the child’s or family’s ability to achieve the goals established in the child’s permanency plan.

For detailed information about coordinating a foster child’s move with a foster family, see 4513.6 If a Texas Caregiver Moves to Another State.

4513.5 Placing a Child With an Adoptive Family Outside of Texas

CPS October 2017

In some situations, a Texas caseworker may place a child in DFPS custody for adoption with a family that lives outside of Texas.

Documentation

To request permission to place a child for adoption in another state, the caseworker must prepare the IMPACT documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas.

The caseworker must include additional information in the cover letter and ICPC Placement Request Packet.

Cover Letter

The cover letter must:

  •   specify whether DFPS will support the adoption financially, as identified in:

  •   1700 Adoption Assistance Program, and

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

  •   identify any other sources of financial assistance, such as Supplemental Security Income (SSI); and

  •   indicate whether the adoption will be consummated in Texas or the other state.

Family Verified by Private CPA

If the prospective adoptive family is approved through a private child-placing agency (CPA) in the other state, the cover letter must also include a written statement confirming that DFPS has a current contract in place with the out-of-state CPA. The child’s Texas caseworker must obtain confirmation of the contract.

See 8263 Out-of-State Adoption Placements.

ICPC Placement Request Packet

The caseworker must upload all of the following into the Interstate Compact on the Placement of Children (ICPC) placement request packet:

  •   the court order terminating parental rights and appointing DFPS as the child’s permanent managing conservator;

  •   the results of the adoptive home screening, if it has been completed (actual FBI results will not be released to other states); and

  •   the child’s Health, Social, Educational, and Genetic History (HSEGH) report.

For information on the HSEGH report, see:

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

For additional information about placing children for adoption in other states, see:

6935 Adoptive Homes in Other States

6946 Making Placements in Other States

4513.6 If a Texas Caregiver Moves to Another State

CPS October 2017

If a child’s caregiver moves to another state, and it is in the child’s best interest to move with the caregiver, the caseworker must ask the other state for permission to continue the placement there.

The caseworker must prepare the same documentation specified in 4511 Documenting a Request to Place a Child Outside of Texas. The caseworker also must:

  •   indicate, in the Interstate Compact Cover Letter in IMPACT, that the child has been placed with the caregiver and the child has already moved with that caregiver to the other state.

  •   include in the ICPC placement request packet:

  •   the caregiver’s most current home screening, including verification that all required criminal background checks are completed according to the placement type and that all persons required to undergo a criminal background check are cleared. Actual FBI results must not be released to other states; and

  •   the IMPACT Form 2261 Compact Report ICPC (100B). The form includes information about the child’s caregiver and the placement date.

4513.61 If the Caregiver Is a Foster Family

CPS October 2017

If the child’s caregiver is a foster family, the ICPC placement request packet must include a copy of either of the following, verifying the family as a foster family in Texas:

  •   a license issued by a child-placing agency (CPA) in Texas; or

  •   a certificate issued by DFPS (Form 2909 Foster Only Certificate or Form 2912 Foster Adoptive Home Certificate, Dual-Licensed).

If the foster parent is licensed or verified, the caseworker must follow 4513.4 Placing a Child With a Foster Family Outside of Texas.

Effective Period of Texas Licensure

The foster family’s Texas license or verification remains in effect for up to 90 days while the family applies for a license in the other state. A DFPS program administrator (PA) can extend the family’s Texas licensure for 60 additional days, if it is clear that the family will be licensed in the other state during the extension.

Other states generally accept a family’s Texas licensure or verification, as long as the license or verification remains in effect.

If the caregiver’s application for a foster care license in the other state is denied, the caseworker must have the child returned to a placement in Texas within 5 business days.

4513.62 Adoptive Families

CPS October 2017

If the caregiver is an adoptive family, the placement request packet must include the additional documentation specified in 4513.5 Placing a Child With an Adoptive Family Outside of Texas.

If the adoptive parent is licensed through a child-placing agency (CPA) in Texas, the caseworker must:

  •   notify his or her supervisor and program director before proceeding with an ICPC request; and

  •   obtain approval from his or her program administrator (PA) before submitting the ICPC placement request packet.

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

October 2024

In accordance with ICPC Regulation 4, states must provide for the protection and safety of a child being placed in a residential treatment center (RTC) in another state.

A Texas caseworker may place a child who is in DFPS conservatorship in an out-of-state RTC if either of the following applies:

  • An out-of-state RTC is better equipped to meet the child’s specific needs.
  • There are no Texas RTCs with available capacity to meet the child’s needs.

Before submitting an ICPC RTC request, the Texas caseworker must ensure that a child-specific RTC contract for an out-of-state placement is executed and in place and includes Medicaid.

Upon confirmation of the child-specific RTC contract, the Texas caseworker must submit the ICPC Placement Request-100A through the child’s SUB stage in IMPACT. The RTC request for placement must include:

  • ICPC-100A Home Study Request Detail page fully completed (required for all RTC requests).
  • A current case history for the child: A cover letter including why the child came into DFPS care, any special needs, behavior problems, or psychotropic medications, and the permanency plan for the child.
  • Letter of acceptance from the RTC (the acceptance letter must be current – not more than a month old).
  • A copy of the affidavit of removal.
  • A copy of the temporary orders indicating DFPS has jurisdiction over the child.
  • A copy of the most current review orders indicating DFPS continues to have jurisdiction over the child.
  • Service (case) plan: A copy of a current Child’s Plan of Service.
  • Financial and medical plan: A written description of the responsibility for payment of the cost of placement of the child in the RTC, including the name and address of the person or entity that will be making the payment and the person or entity who will be otherwise financially responsible for the child. It is expected that the medical coverage will be arranged and confirmed between Texas and the RTC prior to placement of the child. This can be documented in the cover letter.
  • Placement Disruption Agreement: A signed Placement Disruption Agreement indicating who will be responsible for the return of the child to Texas if the placement disrupts or a request is made for the child’s removal and return to Texas. This can be documented in the cover letter.

For an overview of the ICPC process, see the ICPC Resource Guide.

Submission of Placement Request-100A

  • Once an RTC has been identified and a contract is in place between Texas and the RTC, the Texas caseworker submits the Placement Request-100A to the supervisor within one (1) business day.
  • The supervisor reviews the Placement Request-100A and documentation for compliance and assigns the regional ICPC coordinator as the secondary approver the same day.
  • The regional ICPC coordinator reviews the Placement Request-100A and documentation for compliance and assigns State Office ICPC as the final approver the same day.
  • State Office ICPC reviews the Placement Request-100A and documentation for compliance and submits to the receiving state’s Compact Office within one (1) business day.

Decision by receiving state’s Compact Office to approve or deny placement of the child into the out-of-state RTC:

  • Receiving state’s decision process: The receiving state’s Compact Office reviews the RTC request and the current licensing status of the RTC.
  • The receiving state’s Compact Office approves or denies the RTC request based on a determination that “the proposed placement does not appear to be contrary to the interests of the child”.
  • The receiving state’s Compact Office may, as part of its review process, verify that the RTC is properly licensed and not under an investigation by law enforcement, child protection, or licensing staff for unfit conditions or illegal activities that might place the child at risk of harm.

The final decision (approval or denial) of the RTC request is provided by the receiving state’s Compact Office in the form of a signed ICPC-100A within three (3) business days from receipt of the complete RTC request from Texas ICPC.

DFPS has the final authority to determine whether to place the child in the approved out-of-state RTC.

The receiving state’s ICPC-100A approval for placement in an RTC expires thirty (30) calendar days from the date the 100A was signed by the receiving state’s Compact Office. The thirty (30) calendar-day time frame can be extended upon mutual agreement between Texas and the receiving state’s Compact Office.

Submission of Placement Status-100B placement:

  • The Texas caseworker submits the 100B placement within three (3) business days to the regional ICPC coordinator. 
  • The regional ICPC coordinator submits the 100B placement to State Office ICPC within one (1) business day.
  • State Office ICPC submits the 100B placement to the receiving state’s Compact Office within five (5) business days.
  • DFPS remains obligated to retain jurisdiction over the child while placed out of      state and is responsible for the child while the child remains in the receiving state until treatment is completed or the legal case is closed.
  • The receiving state’s local child protection caseworkers are not expected to provide any monitoring or supervision of a child placed in the RTC. The one exception is those children who may become involved in an incident or allegation occurring in the receiving state that involves the receiving state’s law enforcement, probation, child protection, or court.
  • The Texas caseworker will maintain monthly face-to-face contact and communication with the child based on Texas policy for children placed out of state.

Return of Child to Texas at the Request of Receiving State:

Request to return child to Texas after the receiving state’s Compact Office had previously approved placement:

  • If the receiving state’s Compact Office determines that the RTC placement “appears to be contrary to the interests of the child,” then the receiving state’s Compact Office may request the child return to Texas or propose an alternative placement in the receiving state. That alternative placement must be approved by the receiving state’s Compact Office before the child’s placement is made.
  • Return of the child to Texas must occur within five (5) business days from the date of notice for removal, unless otherwise agreed upon between Texas and the receiving state’s Compact Office.

Closing an Out-of-State Residential Treatment Center Placement:

  • If the child is no longer in the out-of-state RTC, the Texas caseworker is responsible for submitting the Placement Status-100B closure indicating the closure reason and closure date.
  • The Texas caseworker submits the Placement Status-100B closure within three (3) business days to the supervisor for review.
  • The supervisor reviews the Placement Status-100B closure for compliance and submits to the regional ICPC coordinator for review.
  • The regional ICPC coordinator reviews the Placement Status-100B closure for compliance and submits to State Office ICPC within one (1) business day for review.
  • State Office ICPC reviews the Placement Status-100B closure for compliance and submits to the receiving state’s Compact Office within five (5) business days.
4513.8 If a Juvenile Probation Officer Requests Placement in a Licensed Residential Facility

CPS October 2017

A juvenile probation officer in either Texas or another state may request to place an adjudicated delinquent in a licensed residential facility.

This type of placement may be covered either by the Interstate Compact on the Placement of Children (ICPC) or by the Interstate Compact on the Placement of Juveniles (ICJ).

See the ICPC Resource Guide for more information.

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

CPS October 2017

After the caseworker completes the interstate placement packet, IMPACT forwards the placement packet to the regional Interstate Compact on the Placement of Children (ICPC) coordinator. The regional ICPC coordinator reviews the packet, and if he or she approves it, forwards it to the Texas Interstate Compact Office (TICO). After reviewing the packet, TICO forwards the placement packet to the interstate compact office in the other state, for a review and decision.

4514.1 Notification

CPS October 2017

The other state’s compact office notifies Texas CPS about its decision by completing Section IV of the Placement Request (100A) in IMPACT, and sending TICO:

  •   one copy of the home screening; and

  •   one copy of the signed Placement Request (100A) with the placement recommendation.

TICO uploads the home screening and signed Placement Request (100A) in IMPACT, which notifies the caseworker.

4514.2 If Permission Is Denied

CPS October 2017

If the receiving state does not approve a placement request, DFPS must not recommend the placement to the court. Making a placement in violation of the Interstate Compact on the Placement of Children (ICPC) is a Class B misdemeanor in Texas.

Texas Family Code §§162.102 Article IV, 162.107

If the other state’s compact office does not approve the placement request, the child’s Texas caseworker must:

  •   notify the Texas court that the other state denied the placement; and

  •   recommend against placing the child with that caregiver.

The child’s Texas caseworker must close the ICPC case in IMPACT and keep in the external paper file all of the copied, faxed, or emailed documents used to create the placement request packet.

If the court orders the child to be placed in an unapproved placement, the placement violates the law and the other state is not obligated to provide courtesy supervision. In such an instance, DFPS must object to the placement on the record.

See 5314 Court Orders That Violate the Interstate Compact on the Placement of Children.

4514.3 If Permission Is Granted

CPS October 2017

If the other state’s compact office approves the placement request, the child’s Texas caseworker must seek the court’s approval to proceed with the placement.

If the court approves the placement, the child’s Texas caseworker must maintain a file on the approved interstate placement request packet, including all of the copied, faxed, or emailed documents used to create the placement packet.

Extension

Approval of an ICPC placement is valid for six months from the date that the other state’s interstate compact officeapproves and signs the Placement Request (100A). DFPS has until the end of the approval period to determine whether to place the child with the family.

The other state’s interstate compact office may give an extension to allow a child to complete the school year or semester. The child’s Texas caseworker must notify TICO for approval of an extension before the Placement Request (100A) expires. If an extension goes beyond six months, the approval expires and the Texas caseworker must begin the approval process again.

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

CPS October 2017

Once the other state’s interstate compact office approves the placement, and a Texas court allows the placement to proceed, the Texas caseworker must make the necessary arrangements to place the child outside of Texas.

In addition, the caseworker must notify the regional well-being specialist to ensure that any medical needs for the child are arranged before the child’s placement in the receiving state.

The regional well-being specialist must be notified at least 30 days before the child’s placement, whenever possible.

See the ICPC Resource Guide for more information on well-being specialists.

While the child is in the other state, the other state’s agency provides ongoing supervision. See 6418 The Supervision Services Expected From Another State.

4515.1 Notifying the Receiving State

CPS April 2022

After the child is placed in the receiving state, the child’s DFPS or SSCC caseworker must do all of the following:

  • Document the child’s placement in IMPACT on the day of the placement or by 7 p.m. on the next business day.
  • Complete Form 2261 Compact Report ICPC (100B) in IMPACT within three business days of the child’s out-of-state placement.
  • Submit the 100B to the DFPS or SSCC supervisor for approval.

The DFPS or SSCC supervisor submits the 100B to the regional ICPC coordinator for review within two business days of receiving it from the DFPS or SSCC caseworker. The regional ICPC coordinator submits the 100B through IMPACT to Texas ICPC for review and processing within two business days of receiving it from the supervisor.

Texas ICPC does the following:

  • Launches the 100B from IMPACT to sign and date it.
  • Sends the signed and dated 100B to the receiving state’s compact office within 24 hours as notification that the child has been placed and to initiate courtesy supervision.

The DFPS or SSCC caseworker must maintain monthly contact with the child as outlined in 6411.5 Contacts with Out-of-State Placements.

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

CPS April 2022

Once a child is placed in the receiving state, the Interstate Compact on the Placement of Children (ICPC) requires the court to maintain jurisdiction and DFPS to maintain custody.

To dismiss the courts and DFPS from the legal case, the receiving state must provide concurrence to dismiss.

If the receiving state provides concurrence to dismiss, the DFPS or SSCC caseworker must submit a 100B closure indicating the reason for terminating the compact.

Texas Family Code §162.102, Article V

This requirement is intended to ensure that the court and DFPS remain legally responsible for the child until the case is resolved. As long as the court maintains jurisdiction, the court and DPFS remain responsible for accepting custody of the child or making an alternative approved placement. 

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

CPS April 2022

When a child in DFPS custody is placed in the receiving state and the receiving state’s compact office notifies Texas ICPC that the child is an alleged victim of abuse, neglect or exploitation, Texas ICPC must do all of the following:

  • Notify the child’s DFPS or SSCC caseworker, supervisor, program director, and the regional director about the allegations on the same business day Texas ICPC receives the notification. If the child is placed in a licensed or verified out-of-state foster home and the other state is not investigating or coded the allegation as their equivalent to a Priority None, then Texas ICPC includes the RCCI supervisors in the notification.
  • Report the information received from the receiving state’s compact office to Statewide Intake on the same business day Texas ICPC receives notification from the receiving state’s compact office.
  • Enter the abuse neglect notification into the child’s 100B in IMPACT.  
4515.22 When a DFPS or SSCC Caseworker Receives Notification of Alleged Abuse, Neglect, or Exploitation of a Child Placed in Another State

CPS April 2022

When a DFPS or SSCC caseworker receives notification of alleged abuse, neglect, or exploitation of a child placed in another state, the DFPS or SSCC caseworker must follow 4221.2 CPS Responsibility and Procedure after Receiving a Notification of Alleged Abuse and Neglect by Either RCCI or CPIand take the following actions:  

  • Immediately review the abuse, neglect, or exploitation report in IMPACT.
  • Immediately discuss the intake with the supervisor.
  • Contact the investigator from the other state for additional information.
  • Consult with the program director about the circumstances surrounding the investigation no later than 7 p.m. the next business day.
  • Document an I&R A/N Notification Staffing contact type in the child’s Sub stage no later than 7 p.m. the next business day after notification of the report.

The contact documentation must include the following:

  • A copy of the I&R.
  • Discussions with supervisor and program director.
  • Consideration of the child’s safety needs and any related actions.
  • Any plans for future actions.

The DFPS or SSCC caseworker must document the execution and results of any follow-up actions as normal contacts in IMPACT when they are completed.

The DFPS or SSCC caseworker must document as a contact in IMPACT a summary and the disposition of the investigation once the investigation is concluded.

4515.3 Canceling a Placement Request

CPS October 2017

If for any reason the child’s Texas caseworker and supervisor decide not to place the child with the approved caregiver in the other state, the caseworker cancels the placement request.

To cancel a placement request, the caseworker must:

  •   complete Form 2261 Compact Report ICPC (100B) in IMPACT;

  •   obtain approval from the supervisor through IMPACT for canceling the placement; and

  •   submit 100B to the regional ICPC coordinator.

The regional ICPC coordinator approves the placement cancellation and submits 100B to TICO for secondary approval.

TICO prints out the 100B from IMPACT, and signs, dates and sends it to the receiving state to notify the state that the placement request is cancelled. TICO uploads the signed copy of the 100B to the child’s case in IMPACT.

4515.4 Out-of-State Placement Disruptions

CPS April 2022

If the receiving state’s compact office determines that the approved placement no longer meets the individual needs of the child, including the child's safety, then the receiving state’s compact office can request the immediate return of the child to Texas.

The receiving state’s compact office may request that the Texas ICPC unit do one of the following:

  • Arrange for the return of the child as soon as possible.
  • Propose an alternative placement in the receiving state. The receiving state must approve the alternative placement before the placement is made.

Return of the child must occur within five working days from the date of notice for removal unless otherwise agreed upon between the Texas ICPC unit and the receiving state’s ICPC office.

The receiving state notifies the Texas ICPC unit in writing of any unmet needs of a child placed in the receiving state. 

The Texas ICPC unit must do the following:

  • Notify the Texas primary caseworker and supervisor within 24 hours of the receiving state’s request for the child’s return to Texas.
  • Upload the receiving state’s written notification as a supervisory report into the child’s Form 2261 Compact Report ICPC (100B) in IMPACT.

The primary Texas caseworker must do the following:

  • Arrange for the return the child to Texas within five working days from the date of notice for removal unless otherwise agreed upon between the Texas ICPC unit and the receiving state’s compact office. The Texas primary caseworker or designee travels to the receiving state to retrieve the child and returns back to Texas with the child.
  • Submit a 100B closure when the child returns to Texas for ICPC case closure.

If the receiving state removes the child from an unsafe home in which DFPS placed the child, DFPS must take timely action to relieve the receiving state of any financial burden it has incurred as a result of the change in placement.

For more information, see the American Public Human Services Association’s ICPC Regulations webpage.

4516 Closing an ICPC Case

4516.1 Final Recommendation

CPS October 2017

If the child’s Texas caseworker and the other state’s agency agree that the child’s out of state placement no longer needs to be supervised, the other state’s agency prepares a final supervisory report recommending a legal action that will close the child’s case and complete the interstate placement process.

The final actions that the Texas court may take include, but are not limited to:

  •   terminating DFPS’s appointment as the child’s managing conservator;

  •   consummating the child’s adoption, or terminating DFPS conservatorship to allow a court in the other state to consummate the adoption;

  •   authorizing the child to be legally emancipated in the other state; or

  •   acknowledging that the child has reached majority age.

The other state’s agency sends a final report to the other state’s compact office.

If the other state’s compact office agrees with the agency’s recommendation:

  •   the other state’s compact office prepares an ICPC transmittal letter to that effect and sends the ICPC transmittal letter and the final report to the Texas Interstate Compact Office (TICO);

  •   TICO sends a copy of the ICPC transmittal letter and a copy of the report to the regional ICPC coordinator;

  •   the ICPC coordinator forwards the copies of the ICPC transmittal letter and report to the caseworker; and

  •   the caseworker requests the recommended court order to terminate jurisdiction and close the case.

4516.2 Agreement

CPS October 2017

The Texas caseworker must notify the following of the final recommendation:

  •   CPS;

  •   the other state’s agency;

  •   the other state’s interstate compact offices;

  •   TICO;

  •   the caregiver; and

  •   the child (if appropriate).

All of the parties must agree with the final recommendation before the court holds a final hearing. If any participant does not agree, the other state’s agency must continue supervising the placement until a recommendation is developed that everyone agrees to.

The Texas caseworker must document all efforts to obtain agreement of the final recommendation.

4516.3 The Final Court Order

CPS October 2017

When a court issues its final order, the caseworker must:

  •   complete Form 2261 Compact Report ICPC (100B);

  •   obtain a copy of the final court order;

  •   keep one copy of each document (the report and court order) in the child’s case file; and

  •   send one copy of each document to the regional ICPC coordinator, who then forwards the documents to TICO.

TICO then:

  •   closes its file on the child; and

  •   sends Form 2261 Compact Report ICPC (100B) and the final court order to the receiving state’s interstate compact office for closure.

If the court order that completes the interstate placement process involves the child’s discharge from substitute care, the caseworker must, to the extent possible, apply the policies specified in 6180 Discharging Children From Substitute Care.

4520 Placing Children From Another State In Texas

CPS October 2017

Types of Placements

Under the Interstate Compact on the Placement of Children (ICPC), agencies in other states can request a home study for any of the following types of caregivers in Texas:

  •   Parents that have been found to be unfit (See 4522 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas)

  •   Relatives

  •   Foster families

  •   Adoptive families

  •   Licensed residential-care facilities

Working Under the ICPC

The Texas Interstate Compact Office (TICO) must authorize every ICPC placement with a Texas caregiver.

4521 Illegal Interstate Placements

CPS October 2017

If a Texas caseworker learns or suspects that a child has been placed across state lines without the approval of an interstate compact office, even if a judge has ordered the placement, the caseworker must immediately notify the Texas Interstate Compact Office (TICO) in writing about the placement.

Upon notification of the illegal placement, TICO contacts the sending state’s interstate compact office to determine whether the placement is subject to the Interstate Compact on the Placement of Children (ICPC).

If the other state’s agency retains legal jurisdiction, TICO:

  •   asks the other agency for an interstate placement request; and

  •   refers the case to the appropriate regional office for a home screening and a placement recommendation.

Court Has Terminated Legal Jurisdiction

If the court in the other state has terminated its legal jurisdiction and given the child’s caregiver full legal custody, the placement is no longer subject to the Interstate Compact on the Placement of Children.

If, during the home screening process, the caseworker discovers that the other state’s jurisdiction has ended, the caseworker must:

  •   stop the home screening;

  •   notify the ICPC regional coordinator of the legal status; and

  •   send TICO a memorandum explaining the situation, along with a copy of the court order terminating the other agency’s jurisdiction (if available).

TICO closes the IMPACT case.

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

CPS October 2017

The Texas Interstate Compact Office (TICO) will only process incoming parent home study requests on parents who have been found to be unfit. In order to prove unfitness, the other state must provide either:

  •   an order from a court in any state with jurisdiction over child custody matters that has made a finding that the parent is unfit; or

  •   an order, from the court in the other state that has jurisdiction over the current matter, that the ICPC be initiated on the parent.

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

CPS October 2017

Assignment and Notification

If another state wants to place a child in Texas, the other state’s agency completes an interstate placement packet (including a home screening request) and submits it to that state’s interstate compact office, which then forwards it to the Texas Interstate Compact Office (TICO).

TICO reviews the packet for completeness. If the packet is complete, TICO creates an ICPC case in IMPACT.

The regional ICPC coordinator assigns a caseworker, or a contractor under contract with DFPS, to complete the home screening.

Conducting the Home Screening

The caseworker or contractor assigned to conduct the home screening must:

  •   review the placement request packet; and

  •   contact the family with whom the sending agency wants to place the child.

If the caseworker or contractor needs more information to complete the home screening, the caseworker or contractor must contact the regional ICPC coordinator.

The caseworker or contractor must complete Form 6588 A Kinship Caregiver Home Assessment. The caseworker or contractor must complete the form whether the caregiver is the child’s parent, the child’s relative, a foster parent, an adoptive parent, or a dual license parent.

Foster or Adoption Referrals

A completed Form 6588 Kinship Caregiver Home Assessment does not satisfy the requirements for placement as a foster, adoption, or dual license parent placement. The caregiver must still complete the training required by the DFPS Child Care Licensing Division and the minimum standard rules for licensing.

If the completed Form 6588 recommends placement, the ICPC coordinator will forward the referral to a foster-adoption (FAD) supervisor, who assigns a FAD caseworker to complete the process for verifying and approving the placement.

See the ICPC Resource Guide, under Foster Care Placements, for guidelines on actions DFPS takes based on the foster home’s verification or licensure status.

Parent or Relative Referrals

A completed Form 6588 satisfies the requirements for placement when requesting an ICPC home screening for a parent or non-verified relative placement.

If another state wants to place the child with a relative, or a non-custodial parent who has been found to be unfit, the caseworker completing the home screening follows the guidelines in 6623 Complete a Risk Assessment and a Written Home Assessment of the Kinship Caregiver.

Approving the Home Screening

Federal law requires that the other state’s interstate compact office receive the completed Form 6588 Kinship Caregiver Home Assessment no later than 60 calendar days from the date that TICO receives the request.

42 U.S.C. §671(a)(26)

A CPS supervisor must read and sign the home screening and provide a separate placement recommendation.

The CPS supervisor conducting the review must verify that all required criminal background checks are completed according to the placement type and that all persons required to undergo a criminal background check are cleared. The home screening addresses specific convictions; however, actual FBI results are not released to other states.

After receiving supervisory approval of the home screening, the regional ICPC coordinator uploads the approved home screening into the ICPC case in IMPACT.

In the ICPC Resource Guide, see Understanding the Interstate Placement Process for more information on the process by which the other state receives the Texas home screening and placement recommendation, makes a placement decision, and proceeds with placement in Texas.

4523 Notification and Supervision

CPS October 2017

Arranging the Placement

After the Texas Interstate Compact Office (TICO) approves a request to place a child in Texas and the court in the other state orders the placement, the other state agency communicates directly with the caregiver.

Notification

After the child has been placed, the other state’s compact office notifies TICO by forwarding a copy of a completed Form 2261 Compact Report ICPC (100B). TICO updates IMPACT with the information from the 100B. TICO is always the primary on the case. TICO assigns the case to the ICPC regional coordinator as the secondary staff.

The regional ICPC coordinator must notify the designated CVS program director or supervisor to assign a courtesy caseworker to supervise the placement. The designated CVS program director or supervisor must assign the courtesy supervision caseworker within two days of receiving notification. The ICPC regional coordinator assigns the courtesy supervision caseworker as the secondary staff.

Recording the ICPC Placement in IMPACT

Once the courtesy supervision caseworker is assigned to the placement, he or she must enter the placement in IMPACT within 24 hours, or by 7PM the next business day

To record the new placement, the courtesy supervision caseworker must:

  •   review information on the Form 2261 Compact Report ICPC (100B);

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

  •   select the resource identification number by choosing the correct resource or person from the directory.

The courtesy supervision caseworker must supervise the placement as described in 6417 Supervising a Child Placed in Texas From Another State.

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

CPS October 2017

Once a child is placed in Texas, the Interstate Compact on the Placement of Children (ICPC) requires the other state to retain jurisdiction until:

  •   the child:

  •   is adopted;

  •   reaches the age of majority;

  •   becomes self-supporting; or

  •   the receiving state agrees with discharging the child or dismissing the legal case.

Texas Family Code §162.102 Article V

This requirement is intended to ensure that the other state remains responsible for the child until the case is resolved. As long as the other state retains jurisdiction, if the placement is disrupted, or the child requires additional services or funding, the other state’s agency remains responsible for making an alternative approved placement.

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

4525.1 Caregiver Moves Within Texas

CPS October 2017

If a child and a caregiver in an interstate placement in Texas move to another county in Texas during the supervisory period of an Interstate Compact on the Placement of Children (ICPC) case, and the other state does not notify the Texas Interstate Compact Office (TICO):

  •   the caseworker supervising the placement must send written notice of the move to TICO and the new region’s regional ICPC coordinator, within 24 hours of becoming aware of the move;

  •   the supervisor must reassign the ICPC case to a courtesy supervision caseworker in the new area within two days of receiving notification.

The newly assigned caseworker must begin supervising the placement immediately upon receiving notification. The caseworker must conduct a face-to-face supervision within seven days of notice being notified.

See 6314 Services to Children and Parents Across Regional Lines for policy regarding ongoing courtesy supervision.

When a licensed foster family home moves to new address, the DFPS Child Care Licensing (CCL) Division must renew the home’s license. The foster family itself, however, is responsible for notifying CCL of the move.

See 7624.2 If Foster Families Move Out-of-State.

4525.2 Caregiver Moves Outside of Texas

CPS October 2017

If a child and a caregiver move to another state, or return to the other state, the Texas caseworker must:

  •   send TICO written notice of the move; and

  •   close the case in IMPACT.

4526 Interstate Placement Disruption

CPS October 2017

If an interstate placement in Texas fails and the child can no longer remain with the caregiver, the caseworker supervising the placement must:

  •   notify the Texas Interstate Compact Office (TICO) immediately; and

  •   take whatever other actions are necessary to protect the child from harm.

TICO will:

  •   contact the other state’s interstate compact office to recommend that the child return to the other state;

  •   send a closing report to the other state when the child returns to that state; and

  •   close the case.

Under the Interstate Compact on the Placement of Children (ICPC), the other state’s agency must reimburse DFPS for any expenses DFPS incurs in the child’s removal, temporary placement, or both. If the other state’s agency does not do so, the caseworker must contact TICO for assistance.

4527 Closing an ICPC Case

4527.1 Final Recommendation

CPS October 2017

The supervisory period in most interstate placements is six months.

If the Texas caseworker supervising an interstate placement in Texas and the other state agency agree that the placement no longer needs to be supervised, the Texas caseworker must prepare a final supervisory report recommending a legal action that closes the child’s case and complete the interstate placement process.

The final actions that the court in the other state may take include, but are not limited to:

  •   dismissing the other state agency’s appointment as the child’s legal custodian;

  •   placing the child in the caregiver’s legal custody;

  •   consummating the child’s adoption, or dismissing the other state agency’s custodianship to allow a court in Texas to consummate the adoption;

  •   authorizing the child to be legally emancipated in Texas; or

  •   acknowledging that the child has reached majority age.

4527.2 Agreement

CPS October 2017

The Texas caseworker supervising the interstate placement in Texas must upload the final supervision report to the Interstate Compact on the Placement of Children (ICPC) case in IMPACT. The Texas Interstate Compact Office (TICO) must print and sign the report and send it to the other state’s interstate compact office for review and agreement.

The other state’s agency notifies TICO of the final recommendation:

All parties must agree with the final recommendation before the court holds a final hearing. If any participant does not agree, the Texas caseworker must continue supervising the placement until a recommendation is developed that everyone agrees to.

The caseworker must document all efforts to obtain agreement of the final recommendation.

4527.3 The Final Court Order

CPS October 2017

The other state’s compact office forwards TICO:

  •   the Form 2261 Compact Report ICPC (100B); and

  •   the final court order.

TICO uploads the documents into the ICPC case in IMPACT and notifies the regional coordinator and courtesy worker through IMPACT. The Texas courtesy worker closes the case.

If the other state’s agency sends the Form 2261 Compact Report ICPC (100B) and final order directly to the Texas caseworker supervising the placement, the caseworker must upload the documentation into the ICPC case in IMPACT and notify TICO by email.

4527.4 Ending the Placement in IMPACT

CPS October 2017

The caseworker must close the Interstate Compact on the Placement of Children (ICPC) case in IMPACT once both Texas and the other state agree on closure and the other state has sent the Form 2261 Compact Report ICPC (100B) and final order to TICO. See 4527.2 Agreement.

Before IMPACT case closure the caseworker must:

  •   document any contacts made during the month of closure and notification to family that the ICPC case is being closed;

  •   upload the Form 2261 Compact Report ICPC (100B) if obtained from the sending state (the case can be closed without the 100B if the other state only sends dismissal orders and confirmation that it has closed its case);

  •   upload the final order dismissing the sending state’s legal jurisdiction;

  •   update any information that is not current, such as the placement address and principals.

4530 Interstate Visits

CPS October 2017

Visits Outside Texas

If a prospective caregiver, who resides outside Texas, requests that a child in DFPS conservatorship visit that caregiver in the caregiver’s state, the caseworker must notify TICO in writing.

Before approving the visit, TICO:

  •   verifies that the request meets the criteria for an ICPC visit;

  •   verifies that the child will return to the sending state at the end of the visit; and

  •   notifies the receiving state’s interstate compact office prior to the visit.

A visit is defined as a stay that lasts for fewer than 30 calendar days. See Regulation nine of the ICPC Regulations.

A stay that lasts longer than 30 calendar days may be considered a visit if it begins and ends during a child’s vacation from school.

Visits In Texas

Whenever a caseworker learns that a child from another state is staying in Texas, the caseworker must notify the Texas Interstate Compact Office (TICO) immediately, in writing, if the stay is:

  •   longer than 30 calendar days; and

  •   without ICPC approval.

If the placement is subject to the ICPC, TICO requests that the sending state initiate an ICPC placement packet.

If TICO does not receive an ICPC placement packet, TICO staff request that the child be returned to the sending state.

See 5310 The Requirement for Staff to Elevate Certain Court Orders and its sub-items.

4531 When a Child in the Custody of Another State is Placed in Texas and Is Absent from Their Approved Placement

4531.1 When a Child is Missing from Their Approved Placement in Texas

CPS October 2024

DFPS categorizes a child as missing if any of the following apply:

  • The child runs away.
  • The child is abducted by a known or unknown person.
  • The child is otherwise absent from care with no known location.

If a child is discovered to be missing, the assigned ICPC courtesy caseworker follows the entire process in the Locating Missing Children in DFPS Conservatorship Resource Guide to locate and ensure the safety of the child. The resource guide includes time frames for assistance.

4531.2 Notification Requirements When a Child is Missing

CPS October 2024

If a child is missing, the ICPC courtesy caseworker must immediately notify all the following:

  • Supervisor.
  • Regional ICPC coordinator.
  • Texas Interstate Compact Office (TICO).
  • Law enforcement in the jurisdiction where the child went missing.
  • Call the National Center for Missing and Exploited Children (NCMEC) 24-hour call center: 1-800-THE-LOST (1-800-843-5678). For more information regarding NCMEC, refer to the Is Your Child Missing? website.
  • Designated CPI special investigator (SI) regional mailbox and the regional director’s assistant. Include identifying information about the child, the law enforcement report number, and the NCMEC report number.

The State Office ICPC specialist assigned to the child notifies the sending state’s compact office that the child’s location is unknown and provides the law enforcement report number and NCMEC report number.

The ICPC courtesy caseworker documents the child’s unknown location and attempts to locate the child in the child’s Sub C-IC case in the Contacts/Summaries tab.

The out-of-state primary caseworker continues to have primary responsibility for the case while working closely with the assigned ICPC courtesy worker, law enforcement and NCMEC until the child is recovered.

Victims of Labor or Sex Trafficking

The ICPC courtesy caseworker must inform local law enforcement if he or she identifies or suspects that a child who is 0–18 years old has become a victim of labor or sex trafficking.

If a child runs away and has become a victim of labor or sex trafficking, the ICPC courtesy caseworker must immediately notify all the following:

  • Supervisor.
  • Regional ICPC coordinator.
  • Texas Interstate Compact Office (TICO).
  • Law enforcement in the jurisdiction where the child went missing.
  • Is Your Child Missing? website or the 24-hour call center: 1-800-THE-LOST (1-800-843-5678).

The State Office ICPC specialist assigned to the child notifies the sending state’s compact office about the child becoming a victim of labor or sex trafficking.

The ICPC courtesy caseworker documents the child becoming a victim of labor or sex trafficking in the child’s Sub C-IC case in the Contacts/Summaries tab.

The out-of-state primary caseworker continues to have primary responsibility for the case while working closely with the assigned ICPC courtesy worker, law enforcement, and NCMEC until the child is recovered.

4531.3 Other Initial Actions

CPS October 2024

The AMBER Alert system was developed as a statewide emergency response system for abducted children. It is designed to be activated in instances involving true child abductions.

If the ICPC courtesy caseworker believes that a child has unwillingly left the approved home or has been removed by an unauthorized person, the ICPC courtesy caseworker can request that the child be placed on the AMBER Alert system based on the recommendation of local law enforcement when making the report to local law enforcement. Local law enforcement works with the Texas Department of Public Safety (DPS) to decide if a situation meets AMBER Alert criteria and activates the Amber Alert system, if appropriate.

4531.4 When a Missing Child Is Recovered

CPS October 2024

If the ICPC courtesy caseworker receives information about a missing child’s possible location, the ICPC courtesy caseworker must immediately notify the following:

  • Supervisor.
  • Regional ICPC coordinator.
  • Texas Interstate Compact Office (TICO).
  • Law enforcement in the jurisdiction where the child went missing.
  • Designated CPI special investigator assigned to the case.

The State Office ICPC specialist assigned to the child notifies the sending state’s compact office about the child being located.

If the child is recovered and returns to the approved home, the ICPC courtesy caseworker visits the child within 24 hours. The ICPC courtesy caseworker does all of the following:

  • Determines the reasons the child was absent from care.
  • Gets information about the child’s experiences while absent from care.
  • Screens to determine whether the child was a victim of abuse or neglect or a victim of labor or sex trafficking.
    • If abuse or neglect is suspected, the ICPC courtesy caseworker calls the Texas Abuse Hotline within 24 hours to make an abuse or neglect report.
    • State Office ICPC notifies the sending state’s compact office of the abuse or neglect allegation.

The ICPC courtesy caseworker documents the child being located along with face-to-face contact in the child’s Sub C-IC case in the Contacts/Summaries tab.

Unless the child is being detained by law enforcement or is approved to return to the caregiver’s home, the sending state must plan arrangements to have the child returned to the sending state within five business days.

The sending state’s primary caseworker determines the most appropriate course of action to have the child returned to the sending state.

The sending state’s caseworker continues to have primary responsibility for the case and notifies law enforcement and the National Center for Missing and Exploited Children that the child has been recovered.

4600 Heightened Monitoring (HM)

CPS March 2023

Heightened monitoring (HM) is an increase in oversight and tracking of residential child care operations that have demonstrated a pattern of violations of either (or both) of the following:

  • Their contract with DFPS or with a single source continuum contractor (SSCC).
  • The minimum standards required by Residential Child Care Regulation (RCCR).

RCCR is part of the Texas Health and Human Services Commission (HHSC).

HM requires joint efforts by DFPS and HHSC to provide oversight of residential operations that are regulated by HHSC and have an active contract with DFPS (or with an SSCC, or both) to provide care to children in the permanent managing conservatorship of DFPS.

4610 Criteria for Placing an Operation on HM

CPS March 2023

The criteria described in this section are used to identify operations with a pattern of contract or standard violations.

DFPS and HHSC conduct a review of an operation’s five-year compliance history. This review consists of counting the operation’s number of violations. The following count as violations:

  • Deficiencies in minimum standards that are weighted medium, medium-high, or high.
  • Violations of a contract with DFPS or with a single source continuum contractor (SSCC). These include Youth for Tomorrow findings, outcomes of supervision visits, and performance monitoring associated with liquidated (monetary) penalties.
  • Reason to Believe dispositions (findings) in DFPS investigations.

DFPS considers an operation’s number of violations in relation to the operation’s capacity to determine the operation’s rate of violations for each of the five years reviewed. DFPS then compares the operation’s rate of violations to the rate at other operations of similar size and operation type.

If an operation has a higher rate of violations than the average rate for similar operations during at least three of the five years reviewed, the operation is considered to have a pattern of violations and must be placed on HM.

HHSC policies define protocol for operations that are linked to an operation that is placed on HM.

In HHSC’s Child Care Regulation Handbook, see 3300, Process for Determining Whether to Issue or Deny a Permit.

4620 HM Requirements

CPS March 2023

Once an operation has been identified for HM, a facility intervention team staffing (FITS) meeting must be placed on the schedule within five days. During the FITS, representatives from DFPS and HHSC must do the following:

4621 Operation’s HM Assessment

CPS March 2023

Assessment of the operation’s five-year history includes a review of all of the following:

  • Any trends identified in the compliance history data.
  • Any plans associated with enforcement actions or plans of action taken by Child Care Regulation (CCR) on the operation.
  • Any risk analysis completed by CCR.
  • Any specialized monitoring plan or regional FITS plan.

4622 Initial Notifications

CPS March 2023

When an operation is placed on HM, HHSC and DFPS notify the operation that it is being placed on HM, and then they send the following two notifications:

  • Notification to DFPS staff (and the SSCC, if applicable), stating that the operation is being placed on HM.
  • Notification to the primary DFPS or SSCC caseworker of each child already placed in the operation, stating that the operation is being placed on HM.

Once an operation is placed on HM, all new placements of a child into that operation must be reviewed and approved in IMPACT before the placement occurs.

See 4211.6 Placements into Operations on Heightened Monitoring (HM).

4623 Duration of HM and Monitoring after HM

CPS March 2023

When an operation is placed on HM, it must remain on HM until it meets all of the following requirements:

  • Has been on the HM plan for at least one year.
  • Satisfies the conditions of the HM plan.
  • Has at least six consecutive months of unannounced HM inspections and visits indicating that the operation is in compliance with the standards and contract requirements that led to HM.
  • Is in compliance with all minimum standards that are weighted medium-high or high.

Monitoring after Operation Is Released from HM Plan

When an operation is released from the HM plan, it is placed into a six-month post-plan monitoring stage. During this stage, DFPS and HHSC coordinate to make at least three unannounced visits or inspections within the first three months after the operation is released from the HM plan. The HM developmental team must track the compliance history for six months during this post-plan monitoring stage to make sure the operation continues to comply with the concerns addressed during HM.

4630 Role of the CPS HM Program

CPS March 2023

Once an operation is placed on HM, the CPS HM program does the following:

  • Reviews the data analysis for the operation.
  • Reviews reports about the operation in CLASS. 
  • Verifies census (the number of placements in the operation, active foster home, or both).
  • Discusses the needs of the operation and children placed there with caseworkers and follows up on reported concerns.
  • Monitors compliance with SSCC contracts, when applicable.
  • Tracks compliance with the tasks specified in the HM plan, when appropriate.
  • Reports on progress during meetings (FITS, quarterly meetings, and meetings about extensions and compliance).
  • Coordinates and monitors the HM visit schedule for the operation.
  • Coordinates with other HM divisions about safety checks, as needed. See 4633 Heightened Monitoring Visits by CPS.
  • Conducts foster home placement reviews, as needed.
  • Conducts HM safety visits in foster homes, general residential operations, and residential treatment centers.
  • Monitors placement intakes and discharges (children being placed into the operation and moved out of the operation).

4631 Stages of Heightened Monitoring

CPS March 2023

The stages of HM are:

  1. Pre-plan development stage – begins on the date the operation is placed on HM and ends on the date the operation is given its approved HM plan.  
  2. Plan in effect stage – begins on the date the operation receives its HM plan and continues until the HM developmental team releases the operation from the HM plan and authorizes the operation to move to post-plan monitoring based on the operation meeting certain criteria.
  3. Post-plan monitoring stage – begins on the date the operation is released from the HM plan and ends on the date the operation is removed from HM. See 4660 HM Post-Plan Monitoring.

4632 HM Coordination and Responsibilities

CPS March 2023

When an operation is placed on HM, an HM developmental team is formed for the operation. Each operation’s HM developmental team has a member from each of the following programs:

  • DFPS Residential Child Care Contracts (RCC).
  • DFPS Child Protective Services (CPS).
  • DFPS Child Care Investigations (CCI).
  • HHSC Child Care Regulation (CCR).

One of the above programs is the lead program for that HM developmental team. The lead program is responsible for doing the following:

  • Coordinating and documenting the initial facility intervention team staffing (FITS) meeting, which is placed on the schedule within five days after identifying an operation that needs to be placed on HM.
  • Coordinating and documenting meetings of the HM developmental team.
  • Gathering and researching all required documented history within the lead program (for example, CPS history if CPS is the lead program).
  • Documenting the HM plan and any updates and evaluations to the plan.
  • Corresponding with the operation.

4633 Heightened Monitoring Visits by CPS

CPS March 2023

In preparation for each heightened monitoring (HM) visit, the CPS HM program must do the following:

  • Review the current HM plan.
  • Review reports about the operation in CLASS.
  • Verify census (the number of placements in the operation, active foster home, or both).
  • Discuss the needs of the operation and children placed there.
  • Contact the primary caseworker of each child who is placed in the operation.

There are four types of visits to operations by the CPS HM program:

  • Unannounced joint safety visits. These are visits in which staff from the CPS HM program and RCC conduct a visit together (jointly).
  • Announced safety visits.
  • Unannounced safety visits. These occur when there is an identified risk to the safety and well-being of children. When an operation is on a placement hold (meaning no additional children can be placed into the operation), unannounced safety visits must occur. The HM developmental team determines the frequency of unannounced safety visits.
  • Non-HM safety visits. At the direction of the CPS associate commissioner or designee, the CPS HM program may conduct safety visits in operations that are not on HM. These visits must be conducted in the same manner as described in 4600 Heightened Monitoring (HM) and its subitems, unless otherwise directed.

HM staff members must do the following once they arrive at an operation for an unannounced, unannounced joint, or announced safety visit:

  • Identify themselves and their role within HM.
  • Give the operation the HM visit notification letter.
  • Conduct a comprehensive tour of the facility or foster home and take photos for the record.
  • Complete interviews or observations of children. If children are interviewed, they must be interviewed in private, without anyone else present. However, the following exceptions apply:
    • If the child needs an interpreter, a person may be present to interpret.
    • If the child is unable to speak because of the child’s age or developmental level, the HM staff member is required to observe the child but is not required to interview the child. Other people may be present during the observation.
    • If the HM staff member determines that having another person present would be appropriate for another reason, that person may be present.
  • Complete interviews of staff members or caregivers (or both, if applicable).
  • Complete on-site observations.
  • Staff (consult) with the HM supervisor before exiting the operation if child safety concerns are present.

If any of these tasks cannot be completed, the HM staff member must have documented approval from the HM supervisor (or designee) to leave the operation without completing a certain task.

The HM staff member must document the visit in IMPACT within 24 hours. The HM supervisor must send an HM exit document to the administrator (or to the point of contact whom the administrator has identified) within 48 hours after the visit. The HM exit document notes any findings addressed during the HM visit.

See:

1250 Clients With Limited English Proficiency (LEP)

1251 Clients with Disabilities

6150 Notifications

4634 Foster Home Placement Review and Child Placement Review

CPS March 2023

When a foster home is identified for further actions related to child safety, risk, or quality of care, the analyst in the CPS HM program consults with the analyst’s manager (or designee) to discuss next steps. Next steps may include either (or both) of the following:

  • A foster home placement review.
  • One or more child placement reviews.

Foster Home Placement Review

A foster home placement review is a process for considering whether to stop allowing new placements of children into a certain foster home.

The following requirements apply when the CPS HM program conducts a foster home placement review:

  • The HM analyst must complete the foster home placement review within five business days after the decision to conduct the review.
  • The HM analyst provides the foster home placement review document to the CPS HM manager and director (or designee).
  • The HM manager and director (or designee) must both review the documentation within 72 hours.
  • If the HM director (or designee) recommends disallowing placements into the foster home, the HM director sends the information to the CPS director of placement.
  • The CPS director of placement follows the policy in 4222.1 Disallowing Placements into a Foster Home.

Child Placement Review

A child placement review is a process for considering whether to move a child to a new placement.

The following requirements apply when the CPS HM program requests a child placement review:

  • The HM analyst must send a child placement review email to the child’s primary caseworker, supervisor, and program director within 24 hours after staffing with the HM manager.
  • The child placement review email must include the following information:
    • Case name (for the child’s case).
    • Case number (for the child’s case).
    • Name and other identifying information of the child who is currently placed in the foster home.
    • Foster home’s placement name.
    • Foster home’s resource number.
    • Information about identified concerns.
    • Request for the child’s primary caseworker, supervisor, and program director to hold an internal staffing (meeting) and to document the staffing.
    • Request for the child’s primary caseworker, supervisor, or program director to follow up with the HM analyst after completing the review and determining whether to move the child to a new placement.
  • If, after the internal staffing, the child’s primary caseworker, supervisor, and program director decide to continue the child’s placement in that operation, and the HM developmental team determines there are continued risk factors, the HM analyst escalates the concerns to the HM director immediately.

4635 HM Placement Hold

CPS March 2023

A placement hold means that DFPS and the SSCCs will not place any additional children into a certain operation until the hold is lifted.

The HM directors may recommend a placement hold at any time because of concerns related to child safety, risk of harm, or overall quality of care at an operation. The HM directors may also recommend a placement hold after assessment for non-compliance at the end of an operation’s HM stage extension.

Placement hold recommendations must follow the DFPS placement hold request process. All placement holds and placement lifts (ending a placement hold) require the approval of the CPS associate commissioner or designee.

4640 HM Monitoring Evaluations

CPS March 2023

The HM developmental team evaluates each operation that is on HM during the following types of meetings:

  • Facility intervention team staffings (FITS), which occur monthly or more often. If the operation is on a placement hold, HM FITS must be held weekly.
  • Quarterly HM plan reviews.
  • Extension reviews.
  • Annual review.
  • Compliance review.
  • Final assessment.

During these meetings, the HM developmental team does the following: 

  • Reviews overall compliance with the HM plan tasks.
  • Assesses compliance data, including, but not limited to, any new deficiencies, contract violations, and investigations since the last review.
  • Evaluates whether tasks have been completed, need to be modified, or need to be added.
  • Identifies new or emerging trends and patterns for the operation and how to address them, if any.

4650 Determination of HM Plan Completion

CPS March 2023

An operation is released from the HM plan and progresses to the post-plan monitoring stage once the operation meets all of the following requirements:

  • Has been on the HM plan for at least one year.
  • Satisfies the conditions of the plan.
  • Has at least six consecutive months of unannounced HM inspections and visits indicating that the operation is in compliance with the standards and contract requirements that led to HM.
  • Is not out of compliance on any minimum standards previously identified as a trend or pattern.

If the HM developmental team determines that an operation has not successfully met the conditions of the HM plan, DFPS and HHSC HM staff continue to reduce risk and improve quality of care by doing the following:

  • Continuing to complete weekly inspections or visits.
  • Continuing to assess the operation’s compliance with the plan.
  • Holding regular FITS to determine whether other actions should be taken. 

4660 HM Post-Plan Monitoring

CPS March 2023

After the operation is released from its HM plan, the operation completes at least six months of post-plan monitoring. During this time, the HM lead analyst coordinates the following:

  • The tracking of any new reports that allege abuse, neglect, or exploitation or violations of minimum standards.
  • Completion of a minimum of three unannounced inspections or visits.

If the HM developmental team determines that the operation continues to show progress during the first three months of post-plan monitoring, then unannounced inspections or visits are no longer required, but tracking new reports is still required for an additional three months.

If no serious concerns are identified during the second three-month period (that is, by the end of the six months), the HM developmental team holds a final HM assessment meeting.

Approval requirements for placing children into an operation on HM continue during post-plan monitoring. See 4211.6 Placements into Operations on Heightened Monitoring (HM).

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