6000 Substitute Care Services
6100 Overview of Substitute Care
6110 Goals and Objectives
CPS February 2017
Substitute care is provided from the time a child is removed from his or her home and placed in CPS conservatorship until the child returns home safely or is placed in another living arrangement that does not require CPS supervision.
Substitute care services are provided to ensure the safety, well-being and permanency of a child in CPS conservatorship or a young adult in extended foster care, and consist of:
• case management services
• treatment services
• the residential care and support provided to the child; and
• other supportive and therapeutic services provided to the child, the child’s parents, and the child’s substitute caregiver.
DFPS Rules, 40 TAC §700.1301
6111 Assumption of Parental Responsibility
CPS February 2017
CPS legally assumes parental responsibility for a child who is removed from the home and placed in CPS conservatorship. The decision to place a child in substitute care must be supported by a court order authorizing CPS to take possession of the child and manage his or her care.
When a child in placed in substitute care, both CPS and the child’s substitute caregiver work together to help CPS meet its parental responsibility. CPS’s parental responsibility for the child does not end until the child leaves CPS conservatorship.
For operational definitions, see 1411 Types of Cases and Stages of Service.
6112 Goals of Substitute Care
CPS February 2017
The goals of substitute care are to ensure that a child receives:
• protection from abuse and neglect; and
• care that is consistent with his or her needs for safety, well-being, belonging, and achievement of positive permanency.
See the Permanency Planning Resource Guide.
6113 Objectives of Substitute Care
CPS February 2017
The objectives of substitute care are to:
• provide temporary, planned placements for a child at risk of abuse or neglect;
• provide or arrange for social, therapeutic, medical and educational services appropriate to the child’s needs; and
• make reasonable efforts to achieve positive permanency for the child, which includes reuniting the child with his or her family, transferring conservatorship to another appropriate adult, or finding an adoptive parent.
Reasonable efforts to reunite a child with his or her family include:
• assessing each child’s and family’s situation;
• developing and implementing a time-limited service plan to change the conditions that have placed the child at risk and prepare the child and family for the child’s return; and
• finding a permanent placement for the child, if the child cannot be safely reunited with his or her family.
DFPS Rules, 40 TAC §§700.1301, 700.1305
6114 Legal and Practical Bases
CPS February 2017
CPS policies and procedures for substitute care services are based on the following:
• applicable state laws, including the:
• Texas Family Code, and
• Human Resources Code.
• applicable federal laws, including the Social Security Act, especially:
• Title IV-B, Child and Family Services; and
• Title IV-E, Federal Payments for Foster Care and Adoption Assistance.
For more detailed information about the legal basis for substitute care services, see 1200 Legal Foundation for Child Protective Investigations and Child Protective Services.
• the Child Care Licensing Division’s Minimum Standards for Child-Placing Agencies.
• the sound standards of professional case practice.
• the decisions of the management representing the DFPS state office and regional offices.
6120 Initial and Ongoing Caseworker Activities
6121 Complete a Post-Removal Transfer Staffing
CPS October 2020
No later than 10 calendar days after a child is removed from his or her home, the supervisors for the stages involved must complete a transfer staffing (meeting) with the relevant caseworkers to do the following:
- Discuss the child’s removal.
- Identify a plan to meet the child’s immediate needs.
- Discuss a transfer visit.
6122 Required Tasks at Conservatorship Assignment
CPS October 2020
After the adversary hearing, the conservatorship caseworker assumes responsibility for taking any other actions needed to meet the needs of the child and family. In the event of an extension of the adversary hearing, the removing worker:
- Is responsible for attending court and providing testimony related to the removal actions.
- Is not responsible for other case-related actions necessary to meet the needs of the child and family.
See also 5410 Types of Court Orders and the Process for Obtaining a Court Order for Removal of a Child
When the conservatorship (CVS) caseworker is assigned to the case, at initial removal or case transfer, the CVS caseworker must:
- Review any information provided by the CVS supervisor.
- Review the current case and any history in IMPACT.
- Review the case file.
- Contact the caseworkers assigned to the open stages of the case to:
- Offer assistance.
- Obtain information about the child, the family, and the child’s placement.
- Notify the following people, if applicable, about the caseworker’s assignment and contact information no later than three business days after being assigned to the case:
- The child.
- The caregiver.
- The parents.
- The child’s attorney ad litem.
- The child’s guardian ad litem.
- The child’s CASA supervisor.
- The child’s CASA volunteer.
- The parent’s attorney.
- All service providers.
- Ask what actions have been taken to meet the requirements for notice of CPS conservatorship. See 6123 Ongoing Duty to Provide Notice of CPS Conservatorship.
- Review 5740 The Indian Child Welfare Act (ICWA), if a child is identified, or may be identified, as Native American.
6123 Ongoing Duty to Provide Notice of DFPS Conservatorship
CPS January 2024
At initial removal and at any time during the case that a person listed below is identified and located, DFPS must provide notice of DFPS conservatorship using Form 2134 Notice to Relatives and Potential Caregivers about Removal of a Child to that person immediately.
- All paternal and maternal relatives of the child (including adult relatives of the legal or alleged father) who are related to the child within the fourth degree of consanguinity. (The fourth degree of consanguinity includes people such as first cousins, great aunts or great uncles, and great-great-grandparents.)
- All adult grandparents, great-grandparents, aunts, uncles, nieces, nephews, and siblings of the child’s legal father or alleged father, if DFPS has a reasonable basis to believe the alleged father is the child’s biological father.
- All legal custodians of the child’s minor siblings.
- All adult siblings of the child.
- Everyone designated by the parent as a potential caregiver on Form 2625 Child Caregiver Resource.
- Any other relative or fictive kin the caseworker determines should receive notice.
Notice is not required for people served with a citation by the court or determined ineligible for notice based on criminal or family violence history, such as those people who are a current threat to safety or high risk of harm.
6124 Due Diligence Efforts to Identify and Locate Family
CPS January 2024
DFPS must use due diligence to identify and locate all people listed in 6123 Ongoing Duty to Provide Notice of DFPS Conservatorship during the first 30 days after removal. For a definition of due diligence, see 5233.1 Overview of Due Diligence: Making a Diligent Effort to Locate Missing Parents and Relatives.
As part of DFPS’s due diligence efforts, DFPS uses information obtained from the diligent search results that are provided from FINDRS as part of the Request for Diligent Search conducted per 3223 Diligent Search for Possible Relative or Fictive Kin Placement.
See also the Finding Families Resource Guide.
6125 Ongoing Efforts to Identify and Locate Family
CPS January 2024
DFPS must make continued monthly efforts to locate and identify a child's family. All monthly efforts are to be documented in the child’s SUB stage.
If an additional or updated search is needed (that is, a new family member is identified), DFPS submits Form 2004 Request for “Quick Find” Records Search to the DFPS FINDRS mailbox.
See also the Finding Families Resource Guide.
6126 Notification of Rights of a Parent, Legal Guardian, or Alleged Perpetrator
CPS July 2024
If DFPS’s first contact with a parent, legal guardian, or alleged perpetrator occurs after the adversary hearing, the conservatorship caseworker must notify the person of the person’s rights using Form 3010 Notification of Rights and follow all steps in 2248.11 Required Notification of Rights.
See also 12216 Notification of Rights for Family-Based Safety Services (FBSS) cases.
6127 Case Conference and Supportive Supervision in CVS, Local Permanency, and Kinship
CPS February 2017
All conservatorship (CVS) caseworkers, Local Permanency specialists, and kinship development caseworkers receive guidance for case decisions through:
• case staffings);
• case conferences and
• supportive supervision.
The purpose of case staffings, case conferences, and supportive supervision are to:
• provide time for the caseworker and supervisor to discuss the status of cases on the caseworker’s workload and jointly decide the next steps to take to achieve:
• a thorough assessment of child safety;
• the case plan outlined in the Family Plan of Service; and
• the permanency goals and services in the Child Plan of Service,
• give the supervisor an opportunity to:
• provide supportive supervision;
• address caseworker developmental issues; and
• outline a plan to address any identified developmental issues.
For more information on frequency of conferences and staffings and details on what is required see 1480 Workload Management – Case Conferences and Supportive Supervision.
6130 Case Record and Workload Management
6131 Case Stages
6131.1 Case Definition
CPS February 2017
A case refers to a child or a family that is receiving direct delivery services from child protective services staff.
See 1421 The Case Record for a description of the case record. In the Records Management Handbook also see 1200 Definition of a Case Record.
6131.2 Types of Conservatorship Stages
CPS February 2017
See:
6131.21 Family or Parent Stages
6131.22 Child Stage
6131.23 Casework Related Special Requests
6131.24 Foster and Adoptive Home Development
6131.25 Adoption Stage
6131.26 Subcare Case Related Special Request: C-PB Stage
6131.27 Preparation for Adult Living
6131.21 Family or Parent Stages
CPS October 2022
CPS or the SSCC establishes a family substitute care stage (FSU) for the parents who are receiving child protective services when one or more children are in CPS conservatorship and placed in substitute care.
CPS or the SSCC establishes a family reunification stage (FRE) for the parents who are receiving preservation services to support reunification when:
- All children previously in substitute care are returned to the parents’ home and DFPS maintains conservatorship.
- DFPS conservatorship was dismissed, but the court ordered the parents to participate in court-ordered services.
6131.22 Child Stage
CPS February 2017
CPS establishes a child substitute care (SUB) stage for a child:
• who is placed in conservatorship and is receiving conservatorship services from CPS staff; or
• for whom CPS has managing or possessory conservatorship regardless of the child’s living arrangement.
A child’s SUB stage in IMPACT is connected to the parent’s family substitute care stage (FSU) stage. When parental rights are terminated, the family’s FSU stage is closed and the child’s SUB stage becomes the primary stage. The caseworker still has read-only access into any closed stages.
6131.23 Casework Related Special Requests
CPS February 2017
A casework-related special request (CRSR) is a request for services for a non-abuse or non-neglect client. When assigned a stage a CRSR will appear as a case in IMPACT. CRSRs include:
• Interstate Compact on the Placement of Children (ICPC) requests;
• adoption service requests; and
• out-of-state requests.
6131.24 Foster and Adoptive Home Development
CPS February 2017
CPS establishes a foster home (FAD) stage for the person or family unit for whom a home study is conducted to be a foster or adoptive home.
6131.25 Adoption Stage
CPS February 2017
The caseworker establishes an adoption (ADO) stage for the child who is being placed for adoption before the adoptive placement has been made.
6131.26 Substitute Care Case Related Special Request: C-PB Stage
CPS February 2017
The caseworker opens a case and assigns a C-PB stage for a youth parent and his or her child who live together in the youth parent’s placement when CPS:
• pays for the placement of the youth’s child; and
• has not obtained legal custody of the youth’s child.
See 6442 When a Youth in Substitute Care is Parenting.
6131.27 Preparation for Adult Living
CPS February 2017
The caseworker assigns a Preparation for Adult Living (PAL) stage for a youth in conservatorship who is age 16 or older.
6132 The Case Record
CPS February 2017
For a description of electronic and paper case records, see 1421 The Case Record.
In the Records Management Handbook, see:
2310 Electronic Records
2320 Physical Records
6133 Case Recording
6133.1 Documentation and Communication
CPS February 2017
When a child is placed in substitute care, staff must document the:
• contacts, assessments, and services provided to the child and the child’s family; and
• key decisions made and actions taken during care that affect the child and the child’s family.
Timeliness
A caseworker must enter into IMPACT any face-to-face contact with the child on the same day of the contact. The caseworker must enter the completed narrative no later than seven calendar days from the contact. The caseworker must enter all other case information into IMPACT as soon as possible, but no later than seven calendar days from the date of the event being documented, unless there are different timeframes to document the event. See:
1430 Documentation in the Case Record
6133.21 Documenting Contacts Using the Contact Details Page
6133.22 Documenting Monthly Contacts and Visits
6133.23 Required Narrative Content
6133.24 Contacts and Visits with the Child, Parent, Kinship, Relatives, and Caregiver
6133.25 CPS Contact with Collaterals, Court, and Legal Parties
6133.26 Supervisor Consultation
6133.2 Documenting Contacts in Substitute Care
6133.21 Documenting Contacts Using the Contact Details Page
CPS February 2017
A caseworker must record his or her contacts with a family as a Contact Detail, using a separate Contact Detail page for each contact and narrative.
6133.22 Documenting Monthly Contacts and Visits
CPS September 2023
The caseworker must document, in IMPACT, any contacts and visits according to the time frames specified in 6133.1 Documentation and Communication. This includes all contacts with any of the following:
- The child
- The child’s caregiver
- The child’s family
- The child’s attorney and guardian ad litem
- Professionals
- Collaterals
- Community resources
The caseworker must also document any parent-child or child-sibling visits that occur, even if the caseworker did not coordinate or observe the visit.
The caseworker must document all case contacts in the family substitute care (FSU) stage.
Once the FSU stage closes, all case contacts must be documented in the following manner:
- If there is a family reunification (FRE) stage, the caseworker must document all case contacts in the FRE stage.
- If there is no FSU or FRE stage, the caseworker must document all case contacts in the oldest child’s substitute care (SUB) stage.
The caseworker must also document any other DFPS actions in the case as well as the parents’ and children’s interactions with DFPS.
The caseworker must document all reasonable efforts to return the child home in IMPACT and any subsequent affidavits.
6133.23 Required Narrative Content
CPS February 2017
The narrative for the monthly face-to-face contact must include descriptions of:
• the issues discussed;
• the child’s needs;
• the quality of services provided by CPS;
• the need for additional services or sources of support;
• the case goals; and
• any other issues related to safety, permanency, and well-being.
See also 1431 References for Detailed Requirements for Case Documentation.
6133.24 Contacts and Visits with the Child, Parent, Kinship, Relatives, and Caregiver
CPS February 2017
The caseworker must document all contacts, including:
• face-to-face contacts;
• telephone calls;
• documents received;
• text messages;
• emails;
• letters; and
• any communications received via social media.
6133.25 CPS Contact with Collaterals, Court, and Legal Parties
CPS February 2017
The caseworker must document all contacts, conferences, and agreements with collaterals, the court, the parents, or other parties to the lawsuit, and any attorneys representing the parties. See 5240 Working With the Child’s Attorney Ad Litem, Guardian Ad Litem, and CASA.
6133.26 Supervisor Consultation
CPS February 2017
The caseworker must document all significant consultations between supervisors and caseworkers regarding a case, including date, subject, and relevant conclusions.
6133.3 Documenting Legal Activity
CPS February 2024
If a legal status changes, the caseworker, or the caseworker’s designee, must document the change according to 5251 Entering a Change in Legal Status or Legal Action into IMPACT. All legal actions and legal statuses are entered in the substitute care (SUB) stage for a child in conservatorship.
See the Hearings and Legal Proceedings Resource Guide for definitions of legal status and legal action.
The caseworker must update a child’s biographical information under the Person tab in the child’s SUB stage in IMPACT within three calendar days of new information being received.
If a child is, or may be, of Native American origin, follow the policies in 5740 The Indian Child Welfare Act (ICWA).
6133.4 Documenting Health Information
CPS February 2017
The caseworker must enter each child’s medical, dental, and therapeutic appointments in IMPACT within seven days. The caseworker documents this information in the child’s:
• substitute care (SUB) stage; and
• adoption (ADO) stage, if there is one.
The caseworker must enter the child’s current medical and dental information on the Medical/Mental Assessment page.
The caseworker must update the child’s Medical/Developmental History when the Child Plan of Service (CPOS) is developed or reviewed.
The caseworker must file copies of relevant documents in external documentation. See 6134 External Documentation.
The caseworker must enter information on the child’s medical consenter in IMPACT on the same day the consenter is designated or changed, or by 7:00 p.m. on the next calendar day, and must keep the information current.
6133.5 Maintaining the Health, Social, Educational, and Genetic History (HSEGH) Report
CPS February 2017
If a child has an existing health, social, education, and genetic history (HSEGH), or one is required, the caseworker must update it as new information is gathered and changes occur.
See 6921 Completing the Health, Social, Educational, and Genetic History (HSEGH) Report.
In the Records Management Handbook, also see 3210 Health, Social, Educational, and Genetic History (HSEGH).
6133.51 Education Information
CPS February 2017
The caseworker updates the Education section on the Person Detail in the child’s:
• substitute care (SUB) stage; and
• adoption (ADO) stage, if there is one.
The caseworker must update the information when a child:
• enters CPS conservatorship;
• is enrolled into a school;
• is discharged from a school; and,
• begins and ends each school year.
6133.52 Relatives and Fictive Kin
CPS February 2017
When an individual related to the case is identified and the caseworker obtains the person’s locating information, the caseworker must update the Person List in the family substitute care stage (FSU) and substitute care (SUB) stage for relatives, fictive kin, and permanency resources. See the Services to Kinship Caregivers Resource Guide, under Definitions.
6133.6 Documenting Information on Case Principals
CPS February 2017
The caseworker must document and update personal information, including address and contact information, for all case principals on the Person List page in IMPACT.
6133.7 Documenting Other Actions
6133.71 Documenting Services to Parents and Caregivers
CPS February 2017
The caseworker must document services, referrals, and information provided to the child’s parents and caregivers. See 6310 Services to the Child’s Family When the Child Is in Substitute Care.
6133.72 Documenting Permanency Planning Meetings
CPS February 2017
The caseworker must document permanency planning meetings held when a child is in substitute care, using the Permanency Planning Meeting pages in the substitute care (SUB) stage in IMPACT.
See:
6250 Permanency Planning Meetings
6252 Types of Permanency Planning Meetings
6133.73 Maintaining Current Photograph of a Child
CPS July 2024
When the case is assigned to the conservatorship caseworker, that caseworker must review the case record. If there has been no clearly visible photograph of the child’s face taken within the last 60 days and uploaded into OneCase, the conservatorship caseworker must ensure one is taken and uploaded into OneCase by the 60th day following the child’s removal.
Thereafter, the caseworker must ensure there is at least one updated photograph for the child taken at least every six months and uploaded into OneCase.
Photographs may be taken by the caseworker or other person, but they must fit the criteria outlined below:
- The date the photo was taken must be known and should be from within the past six months.
- The photo must be an individual photo of the child (in other words, the child must be the only one in the photo).
- The child’s face must be clearly visible and not at a distance.
When the case is closed, the caseworker must give the pictures to the family caring for the child or directly to the child if the child is a teenager. See also 6572 Tasks Required before Closure and Appendix 6000-1: Discharging Children from Substitute Care.
6133.74 Documenting Transfer and Closing Summaries
CPS October 2020
The caseworker completes a Transfer Summary when the stage remains open and is transferred to another caseworker.
The caseworker completes a Closing Summary in each stage of service when it is closed.
Conservatorship cases are closed by the end of the month following the month of termination of DFPS’s legal responsibility for the child. The only exception is for youth who turn 18 while in DFPS conservatorship. Those SUB stages remain open for trial independence or extended foster care.
See:
10500 Trial Independence and Return for Extended Foster Care
10400 Extended Foster Care for Youth Who Are Age 18 or Older
Trial Independence and Return Before Turning 21 Resource Guide
Extended Foster Care Resource Guide
6134 External Documentation
CPS July 2024
The caseworker must file copies of the following documents in OneCase or the child’s paper case file, as appropriate, when they are gathered:
- Birth, citizenship, or immigration status documents.
- Health records.
- School records.
- Signed Foster Care Assistance Application forms.
- Court reports.
- Signed court orders, affidavits, and other court documents.
- Signed service plans.
- Notices sent regarding Permanency Planning Meetings.
- Placement and medical authorizations.
- Correspondence, photographs, authorizations, and similar documentation.
In the Records Management Handbook, see:
1221 Contents of a Physical File
6140 General Caseworker Duties
6141 Services to a Caregiver
CPS October 2017
Over the course of a child’s placement with a caregiver, the child’s caseworker must:
• ensure that the caregiver has up-to-date information about the child;
• ensure that the caregiver has the child’s education portfolio;
• ask the caregiver to help develop and implement the child’s service plan;
• give the caregiver copies of the:
• placement transfer summary;
• Child’s Plan of Service;
• education portfolio;
• IMPACT form, Medical and Developmental History and Physical Examination;
• medical records; and
• medical log. When the caseworker gives the child’s caregiver the medical log from IMPACT, the worker must ask the caregiver to:
• update the form each time the child receives medical services; and
• give the worker an updated copy before each service plan review;
• identify in the Child’s Plan of Service any support services that the caregiver must receive to meet the child’s needs, and (within the limits of available resources) ensure that the caregiver receives those services;
• help and encourage the caregiver to participate as a team member in planning for, delivering services to, and evaluating the progress of the child;
• give 10-day written notification of Chapter 263 court review hearings, as required by law, so that the caregiver can plan to attend and present testimony, if desired;
• give appropriate notification of permanency planning meetings so that the caregiver can plan to attend and be heard, if desired;
• give appropriate notification of any other reviews held with respect to the child, so that the caregiver can plan to attend and be heard, if desired;
• make monthly contact with the caregiver, at least by phone;
• visit the child and the caregiver at the caregiver’s home or facility in a majority of the monthly visits with the child;
• during monthly contact, discuss the caregiver’s specific concerns about the child’s care, such as the child’s relationship with the caregiver’s family, changes in the composition or functioning of the caregiver’s family, problems with DFPS policies, and so on. Identify any follow-up support services that may be needed;
• respond to requests for information;
• help the caregiver find ways to manage the child’s behavior;
• assess the caregiver’s ability to respond to and meet the child’s needs;
• assess the caregiver’s need for services to support the placement; and
• provide any follow-up support services that are requested or needed.
6142 General Court Duties
CPS October 2017
The caseworker must support CPS litigation in the following ways:
• Appear as a witness in any hearing where the caseworker’s presence is requested.
• Prepare the Status Review and Permanency Review reports for the court.
• Prepare for the hearing, but do not bring the entire record to the hearing unless it has been subpoenaed. If the record has been subpoenaed, the caseworker follows DFPS Subpoena Policy and Procedures. If the record has not been subpoenaed, the caseworker consults with the attorney representing CPS about using a brief summary document.
• Cooperate with discovery requests following the advice of the attorney representing CPS.
• Provide information to the attorney representing CPS, so that the attorney can draft, review, and finalize legal documents.
See 5210 General Caseworker Duties and Restrictions for additional information about cooperating with the attorney representing CPS and following other requirements.
See 6600 Case Planning with Relatives and Other Kinship Caregivers.
6143 Communication with the Child, Parents, Attorneys, Courts, Relatives and Caregivers
6143.1 Contact Information for Caseworker and Unit Management
CPS February 2024
When a child age 10 or older is placed in substitute care, the caseworker must:
- Give Form 6590 CPS Contact Information to the child or youth during the initial meeting.
- Explain how the child or youth can use the contact information to get immediate assistance.
- Provide a copy of Form 6590 to the child or youth’s foster parent, kinship caregiver, or prospective adoptive parent, or to the director of the general residential operation where the child is residing (child’s placement).
The caseworker must also do the following:
- Provide an updated Form 6590 when there are changes to the contact information for those listed on the form.
- Verify during regular monthly visits that the child or youth still has the contact information.
6143.11 Responding to a Message from a Child or Youth
CPS October 2017
When the caseworker receives a message from the child or youth, the caseworker must respond immediately if it is an emergency. If the caseworker is not able to respond, the caseworker must contact the supervisor and develop a plan to address the emergency.
In non-emergency situations, the caseworker must make every effort to contact the child or youth as soon as possible, within 24 hours or the first business day following a weekend or holiday.
6144 Caseworkers’ Responsibilities Regarding Discipline
CPS October 2017
When acting in a caregiver role (such as when transporting the child or monitoring the child in a CPS office), the child’s caseworker must abide by the discipline policies described in Form 2279 Placement Summary and in DFPS Rules, 40 TAC §749.1953 and 40 TAC §749.1957.
See:
6422 Discipline
Appendix 6000-2: DFPS Discipline Policy
6150 Notifications
CPS October 2017
The caseworker must keep certain parties informed of significant events that occur while a child is in the conservatorship of CPS.
Texas Family Code §§264.018, 264.107(g), 264.123
DFPS Rules, 40 TAC Chapter 700, Subchapter M, Division 2
This policy covers significant events about which the caseworker must notify certain parties but does not cover notice requirements that pertain to court hearings or required notices to the court. For those requirements, see 5200 Notice, Service, and Working with Attorneys and Advocates and 5322 Required Notification to the Court.
6151 Whom to Notify
CPS February 2017
Unless otherwise specified, the caseworker must provide notice to:
• the child’s parent;
• the parent’s attorney, if applicable;
• an attorney ad litem appointed for the child;
• a guardian ad litem appointed for the child;
• a volunteer advocate appointed for the child (CASA);
• the licensed administrator of the child-placing agency (CPA) responsible for placing the child or the licensed administrator’s designee;
• the foster parent, kinship caregiver, prospective adoptive parent, or director of the group home or general residential operation where the child is residing (child’s placement); and
• any other person determined by a court to have an interest in the child’s welfare.
DFPS Rules, 40 TAC §700.1357
6151.1 Exceptions to the Notification Requirements
CPS February 2017
General
The caseworker is not required to notify a person or entity according to the requirements above if:
• the person or entity previously received notice of the event;
• the person or entity is required to provide notice of the event to CPS (for example, CPA or caregiver provides notice to CPS about psychotropic medication dosages); or
• the person has failed to leave current contact information, or no contact information is available to the caseworker.
Exception to Parental Notification Requirements
The caseworker is not required to notify a parent of the events above or any other significant event if:
• CPS cannot locate the parent;
• a court has restricted the parent’s access to information;
• the child is in the permanent managing conservatorship of CPS and the parent has not participated in the child’s case for at least six months;
• the parent’s rights have been terminated; or
• CPS has documented that it is not in the child’s best interest to involve the parent in case planning.
6151.2 Child Admitted to an Inpatient Mental Health Facility
CPS October 2017
When a child is admitted to an inpatient mental health facility either voluntarily or through a court order, immediately or no later than the next business day the CPS caseworker must notify:
• placement staff; and
• STAR Health Mental Health Member Services or the child’s Integrated Mental Health Services (IMHS) manager at 1-866-218-8263, if the child is enrolled in STAR Health.
If the child who is admitted to a state hospital appears to have a developmental disability, the caseworker must also notify:
• the developmental disability specialist; and
• the Local Intellectual and Developmental Disability Authority (LIDDA).
6151.3 Notification Requirements and Schedule
CPS May 2022
The notification time frame starts from the time the caseworker becomes aware of the event. If the caseworker becomes aware of an event and a hearing is scheduled before the deadline for providing notice, the caseworker must provide notice of the event at the hearing.
The caseworker must provide notice in a manner that would most reliably notify the person, including the use of electronic notice whenever possible.
Event |
People to Notify |
|---|---|
Non-emergency change in the residential child care facility of a child in care. |
|
| Related Policy |
Event |
People to Notify |
|---|---|---|
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child returns after being missing or running away from care. |
|
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child who was missing from care and placed on the Amber Alert system returns to care. |
|
| Related Policy |
Event |
People to Notify |
|---|---|---|
6461.1 Notification Requirements When a Child or Youth Runs Away or Is Missing |
Child is missing or runs away from care. |
|
| Related Policy |
Event |
People to Notify |
|---|---|---|
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child returns after being missing or running away from care. |
|
| Related Policy |
Event |
People to Notify |
|---|---|---|
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child returns after being missing or running away from care. |
|
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child reports that child was the victim of a crime while being missing or having run away from care. |
Appropriate law enforcement officials. |
6461.5 Caseworker Actions When a Missing Child Returns to Care |
Child reports that child was the victim of abuse or neglect while being missing or having run away from care. |
Statewide Intake (make a report of abuse or neglect to the hotline). |
Child dies in substitute care. |
|
|
11162 Notifying Parents About Psychotropic Prescriptions and Significant Medical Conditions |
Significant change in medical condition, including mental or behavioral health conditions, enrollment or participation in a drug research program, or initial prescription of a psychotropic medication. |
Child’s parents. |
Termination of parental rights. |
Notice is not required for people served with citation by the court or determined ineligible for notice based on criminal or family violence history. |
| Event |
People to Notify |
|---|---|
Caseworker receives a discharge notice from contracted or kinship placement. |
The child’s CASA, guardian ad litem, and attorney ad litem. |
| Event |
People to Notify |
|---|---|
Child is placed in a new placement. |
The child’s CASA, guardian ad litem, and attorney ad litem. |
Emergency removal from a contracted or kinship placement. |
The child’s CASA, guardian ad litem, and attorney ad litem. |
| Event |
People to Notify |
|---|---|
The decision to move a child from one contracted placement to another contracted placement or kinship home (DFPS-initiated placement change). |
The child’s CASA, guardian ad litem, and attorney ad litem. |
| Event |
People to Notify |
|---|---|
Placement change, including failure to locate an appropriate placement for one or more nights. |
All people or entities listed in 6151 Whom to Notify. |
Significant change in medical condition, including mental or behavioral health conditions, enrollment or participation in a drug research program, or initial prescription of a psychotropic medication. |
All people or entities listed in 6151 Whom to Notify. |
A medical consenter declines consent for a medically necessary course of treatment for a physical, behavioral, or dental condition as well as any prescribed medication. |
All people or entities listed in 6151 Whom to Notify. |
Any change in dosage of a psychotropic medication, which includes titration (adjusting the amount) or discontinuation of the medication. |
All people or entities listed in 6151 Whom to Notify. |
A major achievement or change in school performance, including:
|
All people or entities listed in 6151 Whom to Notify. |
A DFPS or HHSC Residential Child Care Licensing investigation of alleged abuse or neglect, regardless of whether the subject child is alleged to have been the victim or perpetrator of abuse or neglect. |
All people or entities listed in 6151 Whom to Notify. |
|
All people or entities listed in 6151 Whom to Notify. |
The use of emergency behavior intervention, if DFPS receives notice about such use from the person or entity who used the emergency behavior intervention, including personal restraints, emergency medication, seclusion, mechanical restraints, or chemical restraints. |
All people or entities listed in 6151 Whom to Notify. |
6160 Caseworker’s Duty to Report Abuse and Neglect in an Open Conservatorship (CVS) Case
CPS February 2017
| If the conservatorship (CVS) caseworker is working on a current case and has cause to believe that a child: |
Then the caseworker must: |
|---|---|
• has been or might be abused or neglected again by anyone; or • has been trafficked, |
• ensure the child’s immediate safety; and • make a new report to Statewide Intake (SWI) immediately but no later than 24 hours. |
Statewide Intake will notify law enforcement as described in the Statewide Intake (SWI) Policy Handbook, 1130 Notification to Law Enforcement. The additional report is required even if the caseworker has already taken action to protect the child. The new referral ensures that there is documentation of the report and how it was handled. See 2132 Reporting Requirements for DFPS Staff.
If the incident involves a family member who has a current open CVS case, the caseworker must incorporate the information reported to Statewide Intake into the family assessment and plan and address the dangers to the child’s safety.
Texas Family Code §261.101
6161 Completing and Submitting the Monthly Required CVS Contact and the Monthly Evaluation/Assessment for Supervisory Approval
CPS February 2017
The caseworker must complete the Required Monthly CVS Contact the same day as the contact with the child. The caseworker must complete the narrative for the contact within seven days of the face-to-face visit with the child.
No later than the fifth business day of the following month, the caseworker must complete and save the Monthly Evaluation/Assessment Report and submit it to the approving supervisor.
Approval
The supervisor is responsible for approving the Monthly Evaluation/Assessment Report, including the Required Monthly CVS Contact, in IMPACT within 15 days of the date of submission.
If the contact narratives and the Monthly Evaluation/Assessment Report meet policy and minimum standards, the supervisor approves the documentation in IMPACT.
The supervisor must approve the documentation only when it meets the policy requirements.
If the documentation does not meet policy requirements, the supervisor must:
• not approve the documentation;
• provide guidance to the caseworker; and
• designate a reasonable time for the caseworker to resubmit the documentation.
6170 Actions Requiring Supervisor Approval
CPS February 2017
The supervisor is responsible for approving certain case actions. Some case actions are done through IMPACT, while others are done through case supervision staffings. Case actions that require supervisor approval include, but are not limited to:
• monthly evaluation or assessment report and accompanying required monthly contact with the child;
• service authorizations;
• child and family service plans;
• child placements;
• child Placement Forms;
• unsupervised parental visitation with the child;
• stage closures; and
• court reports.
6171 Actions Requiring Child Placement Management Staff Approval
CPS February 2017
The following actions must be approved by a person who meets the requirements for a child placing management staff member, as defined in Minimum Standards for Child-Placing Agencies, TAC §749.675:
• child placements;
• home studies; and
• initial child’s service plans (which also serve as the intake study and initial assessment report). See §749.1131.
6180 Discharging Children from Substitute Care
6181 Services Preceding Discharge
CPS February 2017
At the time of a child’s discharge from substitute care, the child’s caseworker must provide transition services to:
• the child;
• the substitute caregiver; and
• either:
• the child’s family if the child is returning home; or
• the caregiver with whom the child is being permanently placed if the child is not returning home.
The purpose of these services is to ensure a smooth transition by helping the child, the substitute caregiver, and the child’s family or other permanent caregiver adjust to the child’s permanent placement. To that end, the caseworker meets with each person involved in the transition to assess and discuss everyone’s needs and determine how they will be met.
Ordinarily, the caseworker’s specific planning for the child’s discharge from substitute care begins 30 to 45 days before the child’s discharge date.
If the Child Is Being Placed in Another State
If the child is being placed out of state, the caseworker must secure the approval of the appropriate Interstate Compact authority before asking the court to discharge the child. See the ICPC Resource Guide.
6182 Services at Discharge from Substitute Care
CPS December 2022
Caseworker Actions
At the time of a child’s discharge from substitute care, the child’s caseworker takes the following actions.
Provide Information to the Receiving Family
The caseworker makes sure that the family receiving the child has been given all of the following:
- Information on the child’s care and current needs.
- Placement authorization forms, if DFPS is placing the child with someone other than the parent.
- Any pertinent court orders.
- Documents from the case record, including medical and school records.
- Details on Texas Health Steps, the Medicaid program provided under contract with the Texas Department of State Health Services.
- Other items accumulated during the child’s stay in substitute care. See Appendix 6000-1: Discharging Children from Substitute Care.
Transfer the Child’s Benefits to the Receiving Family
The caseworker makes sure that the child’s benefits have been transferred to the new caregiver, when appropriate. A child’s benefits may include Medicaid, Supplemental Security Income (SSI), bank accounts, and so on.
If an SSI application was started, the caseworker makes sure to complete it. The caseworker contacts the regional SSI coordinator with any questions about SSI.
If the new caregiver needs to apply for Medicaid or the Children’s Health Insurance Program (CHIP) to insure an uninsured child, the caseworker confirms that the caregiver knows how to apply and, if not, offers to help.
See:
1563 Management of Children’s Savings Accounts
1583 Child Receiving SSI Not in Paid DFPS Care
Document the Case in IMPACT
The caseworker documents discharge tasks in IMPACT by doing the following:
- Completing a Closing Summary.
- Completing the pages for Placement Detail and Removal.
- Filling in the discharge planning document.
- Clearly documenting the child’s new address.
If the court dismissed DFPS as conservator, the caseworker, or the caseworker’s designee, must document the change according to 5251 Entering a Change in Legal Status or Legal Action into IMPACT.
Conservatorship cases are closed by the end of the month following the month of termination of DFPS’s legal responsibility for the child. The only exception is for youth who turn 18 years old while in DFPS conservatorship. Those SUB stages remain open for trial independence or extended foster care.
See:
10500 Trial Independence and Return for Extended Foster Care
10400 Extended Foster Care for Youth Who Are Age 18 or Older
Trial Independence and Return Before Turning 21 Resource Guide
Extended Foster Care Resource Guide
More Information
For information about special issues related to discharges from substitute care, see:
6452 Personal Documents Provided to Youth
For details on providing discharge services with permanency planning goals, see 6200 Case Planning for Positive Permanency.
For a list of the information and materials to give the family at discharge, see Appendix 6000-1: Discharging Children from Substitute Care.
To learn more about Texas Health Steps, see the Texas Health Steps section of the Medical Services Resource Guide.