6400 Services to Children in Substitute Care
6410 Placement Supervision
CPS December 2020
This section and its subitems apply to all children in DFPS’s managing conservatorship.
See:
6412 Services to Children and Caregivers across Regional Lines
4520 Placing Children From Another State In Texas
6411 Contact with the Child
6411.1 Federal Requirements
CPS December 2020
The caseworker visits the child, at a minimum, on a monthly basis. These visits must be well-planned and focused on issues relevant to case planning and service delivery to ensure the safety, permanency, and well-being of the child. The majority of the visits must occur in the child’s current residence. The requirement that the majority of visits occur at the residence means that there is at least one visit each month at the residence in a majority of the months in a calendar year. Some visits to the residence are unannounced.
42 United States Code (USC) 622(b); 42 USC 624(f)
For more guidelines and information on contacts with the child and monthly visits, see the Services to Children in Substitute Care Resource Guide.
6411.2 Face-to-Face Visits
6411.21 Frequency of Face-to-Face Visits
CPS December 2020
When a child in DFPS conservatorship is in substitute care, the caseworker or assigned local permanency specialist does the following:
- Conducts a face-to-face visit with each child at least once a month. (However, see Home and Community-Based Services (HCS), below.)
- Conducts the majority of visits in the child’s residence.
For the first three months a child is in care, the caseworker conducts the monthly visits in the child’s current residence.
To help with engaging the child separately from the caregiver during a visit, the caseworker may do activities such as taking the child to the park or getting something to eat.
CPS may determine that more frequent face-to-face contact or other contact (such as by phone) is appropriate, on a case-by-case basis, to ensure the child’s safety, permanency, and well-being and to work toward case goals.
Home and Community-Based Services (HCS)
When a child is in a Home and Community-Based Services (HCS) home, the caseworker does the following:
- Conducts a face-to-face visit with each child at least twice a month.
- Conducts the majority of visits in the child’s HCS home.
6411.22 Conducting the Monthly Visit
CPS September 2024
The monthly visit includes quality time with the child separate from the caregiver and other children who live there, such as in a separate room, if the child is verbal (able to speak).
If the child is nonverbal, the caseworker does both of the following:
- Interacts with the child.
- Observes the caregiver’s interaction with the child.
If the caseworker is visiting a sibling group that is placed together, the caseworker spends time with both of the following:
- Each child individually (separate from the child’s siblings).
- The child and siblings together.
During the visit with the child, the caseworker engages the child and assesses the child’s safety, permanency, and well-being. The caseworker also keeps the child informed of case progress and allows the child to express how the child feels about the situation and what needs the child may have.
If the youth is age 17 or older, the caseworker must discuss the youth’s plans for housing (see 10121 Housing Plan).
See 6411.25 Alternate Caseworker.
Safety
The caseworker refers to the Conservatorship (CVS) Safety Visit Resource Guide for guidance on how to conduct the visit and assess for any safety concerns.
Examples of topics to observe or discuss to assess safety include:
- The child’s thoughts and feelings about:
- Adjustment to substitute care.
- Living with the caregiver.
- The child’s interactions with other children and adults in the home.
- The child’s ability to seek help if needed.
- Discipline in the home.
During the monthly visit at the child’s residence, the caseworker also does a physical walk-through of the child’s residence to observe the environment in which the child is living and observe where the child sleeps. The walk-through includes backyards or other outdoor areas of treatment centers and foster care, parent, or kinship homes. The caseworker documents the walk-through.
If the child is living with a kinship caregiver and the home assessment was not approved, the caseworker makes sure to address any safety or significant risk factors with the caregiver and child each month and document this in IMPACT. The caseworker never leaves the home or child if there is an immediate concern for safety without staffing (consulting) with the supervisor. The caseworker immediately reports any changes in the safety of the home to the supervisor.
Safe Sleep
The caseworker makes sure that the parent or caregiver provides a safe place for each child to sleep.
If the child is under 12 months of age, the child must not sleep in the same bed with any adults or other children.
If the child is placed in a verified foster home, the child must not sleep in the same bed with an adult caregiver at any time.
Minimum Standards for Child-Placing Agencies, 26 TAC §749.3027
During visits with the child and parent or caregiver, the child’s caseworker views sleeping arrangements for the child.
If the caseworker notes any concerns during the visit, the caseworker does as follows:
- Discusses safe sleep.
- Gives the parent or caregiver a copy of the Keeping Children Safe Wherever You Go! document.
- Gives the parent or caregiver information about how to get, or help the family get, as soon as possible, the following to ensure child safety:
- Bedding
- Cribs
- Beds
- Consults with the supervisor as appropriate.
The caseworker documents the following in a case contact:
- Observations of sleeping arrangements.
- Safe sleep discussions.
- Any concerns addressed with parents or caregivers and the parents’ or caregivers’ responses.
- Any actions taken to help the family with safe sleeping arrangements.
- Any related supervisor consultations.
Permanency
Examples of topics to discuss to assess the child’s understanding of the permanency plan or goals and connections to family include:
- Contacts with parents, siblings, and others, which may include racial and ethnic identity development, if contact is approved in the case plan.
- The status of the case, the child’s understanding of the case, and any upcoming court dates.
- The youth’s opinion of the plans for a successful transition to adulthood, if the youth is age 14 or older.
The caseworker also helps the child prepare for being either of the following:
- Reunited with the child’s family.
- Moved to an adoptive placement or another permanent living situation, if family reunification is no longer being considered. If parental rights were terminated, the caseworker reviews the Adoption Resource Guide and follows any additional requirements for discussing and preparing the child for adoption, according to the Minimum Standards for Child-Placing Agencies in 26 TAC §749.3343.
Well-Being
Examples of topics to discuss to assess well-being include:
- The child’s participation in normalcy activities.
- The child’s progress in school.
- The child’s health, growth, and development.
- The child’s participation in services that were provided and the child’s opinion of the services.
6411.23 Documenting the Monthly Visit
CPS December 2020
After each visit with a child, the caseworker documents the following:
- His or her observations of and discussions with the child and caregiver.
- Any follow-up tasks needed.
See the time frames for documentation in 6133.1 Documentation and Communication.
6411.24 Following Up on Identified Needs
CPS December 2020
The caseworker follows through with meeting any identified needs of the child and providing any support services that the caregiver needs. The caseworker also assesses the caregiver’s ability, willingness, and efforts to care for the child and to meet the child’s needs, particularly safety needs.
See 6411.25 Alternate Caseworker.
6411.25 Alternate Caseworker
CPS December 2020
Visits Conducted by an Alternate Caseworker
If the primary caseworker is unable to conduct the monthly visit with a child, an alternate caseworker is assigned to make the monthly visit. When conducting the visit, the alternate caseworker follows the same requirements as specified in 6411.22 Conducting the Monthly Visit.
Alternate Caseworker Follow-Up
The alternate caseworker who conducts the visit follows through with meeting any identified needs of the child or providing any support services needed for the caregiver, or makes arrangements for a coworker to take these steps.
See also:
6412 Services to Children and Caregivers across Regional Lines
6412.1 Courtesy Supervision – Contact across Regional Lines
6411.3 Contact with Children in IDD GRO, SSLC, and ICF Facilities
CPS December 2020
If a child is assessed as having an intellectual or developmental disability, DFPS may place the child at one of the following, depending on the child’s needs:
- Intellectual and developmental disability (IDD) general residential operation (GRO).
- State supported living center (SSLC).
- Intermediate care facility (ICF).
DFPS staff only consider placing the child in one of these facilities when no other less restrictive placement is available that can meet the child’s needs.
Regardless of the facility’s location, the caseworker works with other CPS staff members and professionals at the facility to make sure the child receives needed services.
The caseworker works closely with the developmental disability specialist (DDS). In 4118 Additional Actions for Placing Children with Intellectual or Developmental Disabilities, see the subheading Assessing the Need for Facility Placement. The primary conservatorship (CVS) caseworker and DDS share responsibilities, as described below.
6411.31 Responsibilities of the Developmental Disability Specialist
CPS December 2020
The developmental disability specialist (DDS) does the following:
- Is assigned as a secondary caseworker on the child’s IMPACT Substitute Care (SUB) stage.
- Remains in close contact with the primary conservatorship (CVS) caseworker.
- Makes monthly face-to-face visits and enters the contacts.
- Documents in IMPACT in a timely manner.
- Places the child on appropriate Medicaid waiver lists.
- Participates in treatment planning with the facility, to advocate for the child.
- Provides a copy of the treatment plan to the primary CVS caseworker.
- Ensures the child’s safety, permanency, and well-being.
- Is available to attend court hearings when needed.
- Participates in permanency conferences when needed.
- Monitors the placement and assesses the continued need for placement.
- Searches for a less restrictive placement at all times.
- Processes guardianship referrals according to 10343 Guardianship.
- Is assigned as the primary caseworker on the Aging Out of Care stage.
- Begins the appeal process and submits it to the primary conservatorship supervisor for guardianship when the child ages out of care, after the conservatorship supervisor directs the DDS to do this.
- Identifies and arranges scheduling of youth age 16 and older who need a determination of disability assessment, a Home and Community-Based Services slot (aging out of care or IDD GRO slot), or both, using data warehouse reports.
- Updates Person Characteristics in IMPACT that reflect the child’s behaviors and disabilities.
- Makes sure a caseworker is completing the supplemental security income (SSI) application.
- Identifies services for parents with an intellectual or developmental disability.
6411.32 Responsibilities of the Primary Conservatorship Caseworker When a Child Has an Intellectual or Developmental Disability
CPS December 2020
The primary conservatorship caseworker does the following:
- Is assigned as the primary caseworker on the child’s IMPACT Substitute Care (SUB) stage.
- Remains in close contact with the developmental disability specialist (DDS).
- Completes monthly evaluation documentation.
- Documents any face-to-face contacts with the child on the same day.
- Documents all other contacts and actions in a timely manner in IMPACT.
- Completes the foster care application and reviews.
- Participates in all the child’s permanency conferences.
- Completes and files the child’s plan of service (CPOS).
- Maintains case planning and contacts with siblings and family.
- Completes and files court reports.
- Ensures the child’s safety, permanency, and well-being.
- Attends all court hearings and arranges for the child to attend, as appropriate.
- Monitors the placement and assesses the continued need for placement.
- Completes and updates the common application.
- Completes the referral form (in IMPACT) for aging out of care. See 10343.3 Initiating the HHSC Guardianship Referral.
- Is assigned as a secondary caseworker on the Aging Out of Care stage.
- Staffs (discusses) the case with the supervisor to make decisions about whether to appeal rejected applications for Aging Out of Care guardianship.
- Transports and accompanies the child to have a determination of disability assessment and arranges transportation for pre-placement visits.
- Updates Person Characteristics in IMPACT that reflect the child’s behaviors and disabilities.
- Makes sure the supplemental security income (SSI) application is completed.
6411.4 Children with Primary Medical Needs and Special Health Care Needs
CPS December 2020
If a child in DFPS conservatorship has primary medical needs or special health care needs, the caseworker does the following:
- Develops an understanding of the child’s medical needs and the services recommended by medical professionals.
- Makes sure that the child is receiving the recommended services.
- Maintains contact with health care providers to make sure that the child’s medical needs are being met.
Throughout the case, the caseworker works with the child’s family, health care providers, and collaterals to assess the caregiver’s ability to meet the child’s ongoing medical needs. The caseworker does the following:
- Assesses the appropriateness of the home environment at each visit to the caregiver’s home.
- Makes sure that the caregiver is trained to meet, or is proficient in meeting, the special needs of the child, including using medical equipment, administering prescribed medication, and providing needed supplies.
- Makes sure that the caregiver has access to and uses the medical equipment recommended by medical professionals.
- Assesses the child’s care during each contact to make sure that the caregiver continues to comply with the recommended medical care (including administering prescribed medication, attending medical appointments, and completing other tasks to meet the child’s needs).
The caseworker can contact the well-being specialist or the regional nurse for help in understanding any of the child’s medical needs and determining how to assess the caregiver.
For children with primary medical needs, see also:
4117 Specific Placement Considerations for Children or Youth Who Have Primary Medical Needs
Primary Medical Needs (PMN) Resource Guide
6411.5 Contacts with Out-of-State Placements
CPS December 2020
For children placed out-of-state, the agency in the state where the child is placed conducts face-to-face contacts.
However, the primary caseworker in Texas maintains monthly contact with the child by phone, email, or other electronic means. The caseworker documents the contacts in IMPACT.
If the receiving state is unwilling to see the child face-to-face each month, the primary caseworker in Texas makes face-to-face contact with the child monthly.
For contact with children placed out-of-state in a residential treatment center, see 4513.7 Placing a Child in a Residential Treatment Center Outside of Texas.
6412 Services to Children and Caregivers across Regional Lines
CPS December 2020
When a child, youth, or family lives outside the region that holds legal jurisdiction, the requirements for making monthly contact and providing services to the child, parent, and caregiver remain the same, as detailed in the following sections:
6400 Services to Children in Substitute Care
When a child or youth in DFPS conservatorship is placed outside the region that has legal jurisdiction, there are two types of supervision CPS can request to maintain contact, provide services, and monitor the safety of the child or youth:
- Courtesy supervision – when the child or youth is living with a parent. See 6314 Services to Children and Parents across Regional Lines.
- Local permanency supervision – when the child or youth is not living with a parent.
If a child or youth is assessed as having an intellectual or developmental disability and is placed in a facility outside the region, the primary conservatorship caseworker shares responsibilities with the developmental disability specialist (DDS), as described in the following sections:
6411.31 Responsibilities of the Developmental Disability Specialist
6412.1 Courtesy Supervision – Contact across Regional Lines
CPS December 2020
When a CPS unit in another region provides courtesy supervision, the unit providing the supervision does the following:
- Maintains the required contacts with the parent and child.
- Follows the procedures in 6411 Contact with the Child and its subitems.
See:
6314.1 Coordination Between Primary Caseworker and Courtesy Supervision Caseworker
6314.11 Responsibilities of the Courtesy Caseworker
6314.12 Responsibilities of the Primary Caseworker
6412.2 Local Permanency Supervision
CPS December 2020
Local permanency specialists are secondary caseworkers for children and youth placed outside the region that has legal jurisdiction. The local permanency specialist acts as an extension of the primary conservatorship caseworker and aids the primary caseworker in making sure that the child or youth’s needs for safety and well-being are being met. The local permanency specialist also works to make sure that the child or youth achieves permanency.
The roles of the Local Permanency program are to:
- Make sure that children and youth in out-of-region placements are seen at least monthly and that a majority of the visits occur in the child’s current residence.
- Assess a home or facility’s safety and appropriateness.
- Increase the child’s sense of support and stability.
- Allow for a quick response to a child if there is a crisis.
- Make sure that case planning activities are communicated to the following people:
- The caregivers in the placement.
- The child or youth.
- CPS staff in the legal region (the region that holds legal jurisdiction).
6412.21 Local Permanency Eligibility
CPS December 2020
All children in DFPS conservatorship are eligible for local permanency supervision when living outside the region that holds legal jurisdiction (the “legal region”), except children who are placed in the following types of placements:
- Pre-consummated adoptive placements.
- Any placement, if the child needs specialized adoption preparation services.
- State supported living centers.
- General residential operations for children with intellectual disabilities.
- Intermediate care facilities for individuals with intellectual disabilities (ICF-IID).
- Nursing homes.
- Parent’s home.
For children admitted to a psychiatric or mental health facility for acute care, refer to the Psychiatric Hospital Contact Protocol on the DFPS intranet.
The caseworker directs any questions about the eligibility of placements not listed above to the regional local permanency liaison.
6412.22 Coordination between Local Permanency and Primary Caseworker
CPS December 2020
Supervision by a local permanency specialist does not relieve the child or youth’s primary caseworker of his or her responsibilities to the child or youth or to the caregiver.
Before the first visit with the child or youth, the local permanency specialist and primary caseworker have a phone conference to discuss the following:
- The child or youth’s plan of service.
- Any specific court orders.
- Family and sibling visitation.
- Special issues, including the permanency plan for the child or youth.
- A communication plan, as described below.
The communication plan addresses how the primary caseworker and the local permanency specialist will share information and documents. The plan specifically addresses how they will share information about the development and review of the following:
- Court reports.
- Child plans of service.
- Appropriateness of placement.
- Permanency goals.
The primary caseworker documents the plan in his or her monthly evaluation.
6412.23 Responsibilities of the Local Permanency Specialist
CPS December 2020
The responsibilities of the local permanency specialist are the same as those listed in 6411 Contact with the Child.
The local permanency specialist does the following:
- Visits the child or youth within 15 calendar days after being assigned as a secondary caseworker in IMPACT.
- Conducts well-planned monthly visits with the child or youth and caregiver to assess safety and the child’s needs and well-being, in accordance with the requirements of 6411.22 Conducting the Monthly Visit.
- Discusses the child’s permanency plan with the child or youth and caregiver during every visit, to assess progress being made to achieve that goal.
- Makes sure the placement is meeting the child or youth’s needs and reports any unmet need to the primary caseworker.
- Enters in the Substitute Care (SUB) stage in IMPACT any face-to-face contacts with the child or youth on the same day as the contact and completes any narrative about the contact within seven calendar days.
- Documents all other contacts for the case in IMPACT in a timely manner.
- Communicates at least monthly, either verbally or by email, with the child or youth’s primary caseworker to provide information to help in completing the child’s service plans and court reports.
- Participates in, and helps the primary caseworker with, coordinating permanency planning meetings.
- Assists the primary caseworker and other secondary caseworkers with visitation between the child or youth and his or her siblings and family.
- Serves as the child or youth’s designated medical consenter when appropriate. See 11113.32 CPS Local Permanency Staff Medical Consenters.
6412.24 Responsibilities of the Primary Caseworker When a Local Permanency Specialist Is Assigned to a Child
CPS December 2020
The primary caseworker does the following:
- Maintains at least monthly contact with the child or youth and the caregiver by email, phone, or other forms of technology.
- Maintains at least monthly contact with the local permanency specialist to make sure that all of the child or youth’s needs are being met, as outlined in 6400 Services to Children in Substitute Care.
- Submits court documents to the local permanency specialist within the required time frames, to make sure the child or youth and caregiver are receiving consistent information. The required time frames are as follows:
- Updated court reports – at least five business days before a court hearing.
- Court orders – within five business days after the court hearing.
6412.25 Transition from a Local Permanency Specialist to a Courtesy Caseworker When the Out-of-Region Placement Is Identified as the Adoptive Home
CPS December 2020
Local permanency specialists do not provide adoption preparation services. If a child receiving local permanency supervision needs these services, the primary caseworker (in the legal region) completes Form 2077 Universal Referral Form to request a courtesy adoption preparation caseworker.
Once the region providing the courtesy adoption preparation caseworker receives the request, it consults with the primary caseworker and local permanency specialist to determine when to make the transition.
A child is eligible for an adoption preparation caseworker if all of the following apply:
- Parental rights have been terminated.
- The child’s permanency goal is adoption.
- The child’s current placement is intended to be the adoptive family.
The local permanency specialist continues to visit the child and caregiver until the transition to a courtesy adoption preparation caseworker is made.
Exception: If the adoption consummation hearing is scheduled to occur within 30 days from the date DFPS receives the approved adoptive home screening for the caregiver, the local permanency specialist conducts the monthly face-to-face contact, and a referral for a courtesy caseworker is not necessary.
6412.26 Local Permanency Waiver
CPS December 2020
There are situations when assigning a local permanency specialist is not practical or is not in the best interest of the child or youth. In these situations, the primary caseworker requests a waiver from the regional conservatorship (CVS) program administrator.
6415 The Right to Regular Contact
CPS February 2017
When a child enters CPS’s managing conservatorship, CPS must ensure that a parent who is otherwise entitled to possession of the child is able to visit the child within five days of the date CPS is named the child’s temporary managing conservator, unless:
• CPS determines that visitation is not in the child’s best interest; or
• visitation with the parent would conflict with a court order relating to possession of or access to the child.
Texas Family Code §262.115
When a child in CPS’s managing conservatorship is in substitute care, the child and the child’s parents have a right to maintain regular contact with each other at a minimum of twice a month unless:
• the court restricts their contacts; or
• the parents:
• have executed an affidavit of relinquishment (see 5562 Voluntary Termination of Parental Rights); or
• had their parental rights terminated by the court.
6415.1 Ending Contact if the Child Is at Risk
CPS February 2017
If the parents’ actions during their contacts with the child increase the risk of child abuse or neglect, the caseworker must ask the court to restrict the parents’ contacts.
6416 Visitation between Families and Children in Substitute Care
CPS October 2019
See the Visitation Best Practice Guide.
Visitation is essential for a child’s well-being, fundamental to permanency, and vital to a child maintaining family relationships and cultural connections.
Because of the importance of visitation to children and families, staff may not withhold visitation as punishment for a parent’s or child’s behavior and should strive to support visitation to the maximum extent feasible, provided that visitation is safe and continues to be in the child’s best interest.
In collaboration with each parent, and considering the following factors, the caseworker must develop a visitation plan for each parent. The plan must be completed by the 30th day following DFPS being named temporary managing conservator.
In determining the frequency and circumstances of visitation, DFPS must consider the:
• Child’s safety and best interest.
• Child’s age.
• Desires of each parent regarding visitation with the child.
• Location of each parent and the child.
• Resources available to DFPS. This includes the resources to:
• Ensure that visitation is properly supervised.
• Coordinate or provide transportation to and from visits.
The caseworker must file the visitation plan with the court at least 10 days before the status hearing.
The parents and DFPS must agree upon any modification to the visitation plan between the status hearing and a subsequent permanency hearing, unless a court order prohibits modification.
The following persons may supervise visitation:
• A DFPS employee.
• A CASA.
• An attorney ad litem or guardian ad litem.
• A contractor.
• A supportive adult, relative, or fictive kin.
To approve a supportive adult, relative, or fictive kin to supervise, DFPS must first perform a DFPS background check and criminal history check. An FBI check must be performed if the supportive adult, relative, or fictive kin meets the criteria in 3212.2 Completing Background Checks.
Any item found on the checks that would prohibit a Parental Child Safety Placement will bar this individual from supervising visitation. Exceptions require program director or regional director approval. See 3212.2 Completing Background Checks.
Appendix 4525: Offenses From the Texas Penal Code, Chart 1: Assessing Criminal History Offenses and Convictions for Safety Plan Monitors and PCSPs.
The caseworker must document the visitation plan on the Visitation Plan in IMPACT, which should be attached to the Family Plan of Service (FPOS).
The caseworker must present the current visitation plan for the court’s review at each permanency hearing.
6416.1 Sibling Visitation
CPS October 2019
Placement with Siblings
Whenever possible, DFPS places all children removed from a particular home with the same caregiver, unless it is in the best interest of one or more of the children to be placed separately.
When siblings cannot be placed together, the caseworker must ensure that they are placed with caregivers who are committed to helping them stay in regular contact unless it is documented or court-ordered that it is not in the best interest of one or more of the children to stay in touch. Contact can be in the form of visits, phone calls, or electronic correspondence, such as texts or social media,
Caseworkers must make ongoing efforts to place siblings together by contacting the placement team.
See 4114.2 Separating Siblings.
Frequency of Visitation
DFPS must provide frequent visitation between siblings. Frequent visitation is defined as visits that occur at least weekly. Efforts to accomplish this may include:
• Utilizing caregivers and relatives for transportation and supervision.
• Providing transportation services such as bus passes.
• Allowing visits at locations outside of a DFPS office.
• Allowing overnight visits between siblings at their respective placements.
• Working with other regions and residential provider staff to coordinate transportation.
If DFPS cannot arrange weekly face-to-face visitation, DFPS must promote other forms of contact, such as:
• Phone calls and texts.
• Letters.
• Social media contact.
• Video conferences, Skype, or FaceTime.
Exceptions
DFPS must ensure frequent visitation occurs unless one of the following exceptions apply:
• The court orders otherwise.
• DFPS has determined and documented in the Child’s Plan of Service (CPOS) that frequent visitation or ongoing interaction between siblings would not be in the child’s best interest, and the court has not ordered this visitation to occur.
Texas Administrative Code §700.1327
A supervisor must approve any exceptions not ordered by the court.
Documentation
The caseworker must document the following issues in the case record:
• Any reasons that siblings are not placed together or in close proximity.
• All efforts to maintain regular sibling contact and relationships, or why this is not occurring.
• Supervisory approval and reason for any exceptions to frequent visitation.
• Continual assessment and efforts to reunite siblings in placement. See 4114.2 Separating Siblings.
If sibling visitation is not allowed, the caseworker must document the reasons for the restriction and reevaluate at least every 60 days.
The caseworker must address all issues as specified in 6250 Permanency Planning Meetings (PPM) in permanency planning meetings and the Child’s Plan of Service (CPOS).
Differing Permanency Goals for Siblings or Half-Siblings
Siblings or half-siblings who come into care at different times may have different permanency goals than those already in care (such as adoption versus family reunification). Everyone involved in case planning must consider what type of sibling contact is possible, given the goals chosen.
The caseworker must document the efforts to promote and ensure sibling contact in the case record.
Also see 4114.2 Separating Siblings.
6417 Supervising a Child Placed in Texas From Another State
CPS October 2017
When another state places a child in Texas, and that placement is governed by the Interstate Compact for the Placement of Children (ICPC), the other state requests courtesy supervision from DFPS.
If the child is placed with a parent, relative, or fictive kin as a result of a request from the other state’s child welfare agency, the region assigns a courtesy supervision caseworker to supervise the placement while the child is in Texas. See 4523 Notification and Supervision.
If the child is placed with a licensed family through a private child placing agency (CPA), the other state has to contract with a private agency for supervision.
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 7 p.m. the next business day.
To record the new placement, the courtesy supervision caseworker must:
• review information on the Placement Status (100B);
• open the Placement page in the child’s Substitute Care or Adoption stage; and
• select the resource identification number by choosing the correct resource or person from the directory.
Supervision
To supervise the placement, the caseworker assigned to the case must:
• visit the child within 30 days of the Texas Interstate Compact Office receiving the Placement Status (100B);
• visit the child in person at least once a month, unless the other state’s agency requests more frequent supervision, as specified in 6411 Contact With the Child; and
• prepare a supervisory report on the placement at least once per quarter and submit it to the caseworker’s supervisor.
The supervisor reviews the supervisory report and sends it to the regional coordinator to upload into IMPACT. The Texas Interstate Compact Office processes the supervisory report and sends it to the other state’s ICPC office.
6418 The Supervision Services Expected From Another State
CPS October 2017
When Texas places a child in another state, and that placement is governed by the Interstate Compact for the Placement of Children (ICPC), Texas requests that the other state’s agency provide courtesy supervision of the placement. The other state’s agency assigns a courtesy supervision caseworker to supervise the placement while the child is in that state.
Supervisory Reports
The other state’s agency provides monthly face-to-face visits with the child and prepares a supervisory report at least quarterly. The other state’s agency may provide more frequent supervision, if the child’s caseworker has requested it (based on the child’s needs). The Texas caseworker must document the other state’s visits in IMPACT each month.
Ongoing Case Planning
Once the placement is made, the child’s caseworker must obtain the courtesy supervision caseworker’s contact information. The child’s caseworker requests contact information through the regional ICPC coordinator or through the Texas Interstate Compact Office.
After obtaining the courtesy supervision worker’s contact information, the child’s Texas caseworker must:
• maintain frequent contact with the receiving agency’s assigned courtesy supervision caseworker; and
• continue to perform all case planning activities until the court terminates DFPS’s conservatorship appointment.
See 6200 Case Planning for Positive Permanency.
Contacts
The CPS caseworker must make monthly contact with the child and caregiver by phone. The CPS caseworker must make monthly contact with the other state’s courtesy supervision caseworker.
Documentation
The caseworker must enter the date that the other state’s caseworker made face to face (FTF) contact with the child in IMPACT, as the CVS Monthly Required FTF contact.
Extended Supervision
If a child’s case remains open for more than a year, the receiving agency may reduce the frequency of the supervisory reports to once every six months. However, the CPS caseworker must continue to see the child once a month. If necessary, the caseworker must travel to the other state to see the child.
6419 Working with Children Who Are Sexually Aggressive, Have Sexual Behavior Problems, or Are Victims of Sexual Abuse
CPS April 2024
Children who have been identified as having a sexual behavior problem, sexual victimization, or a history of sexual aggression require special attention, care, and supervision. Services and support are offered to the child and the caregiver to ensure the safety and well-being of children who meet one or more of the following criteria:
- The child exhibits or has a history of sexually aggressive behavior. Sexually aggressive behavior is behavior in which a child takes advantage of another person in a sexual way, through seduction, coercion, or force.
- The child engages in sexual activities or exhibits actions that are outside the range of those that are developmentally appropriate (sexual behavior problem).
- The child is a victim of sexual abuse or sexual aggression.
If a child has been identified as having a sexual behavior problem, sexual victimization, or a history of sexual aggression, the caseworker must do the following:
- Ensure the information is documented in the child’s IMPACT case record.
- Inform the child’s caregiver about the child’s history.
For policy about providing this information to the caregiver at the time of placement, see 4133 Provide and Discuss the Placement Summary (Form 2279).
For policy about new incidents of sexual aggression or sexual victimization after a child is placed, see the Notifying Caregiver of New Information Involving Child Sexual Aggression or Sexual Victimization subheading, below.
Sexual Victimization History
The caseworker must determine if a child in DFPS conservatorship has a confirmed history of sexual victimization.
A child is considered to have a confirmed history of sexual victimization if the child is identified as having one or more of the following:
- A Reason To Believe (RTB) Sexual Abuse finding by DFPS, CPI, or RCCI, even if the perpetrator is unknown with the child as the victim.
- Designation as a confirmed sex trafficking survivor, per the Trafficking page in IMPACT.
- Confirmed by DFPS as a victim of child sexual aggression.
- A person has a criminal conviction for a charge related to sexual abuse of the child.
- Information from another state welfare system – confirmed allegation (equivalent of an RTB).
- RCCL standards investigations in which victimization is substantiated.
DFPS identifies an unconfirmed victim of sexual abuse through other information suggesting victimization history, including but not limited to:
- Designation as a suspected human trafficking survivor, per the Trafficking page in IMPACT.
- Information from another state welfare system – unconfirmed (the allegation was neither ruled out nor substantiated).
- RCCL standards investigations in which victimization is alleged or information is gathered, and the allegation was neither ruled out nor substantiated.
- DFPS CPI, or RCCI investigations in which victimization is alleged or information is gathered, and the allegation was neither ruled out nor substantiated.
- Incidents (not under DFPS jurisdiction) that are being investigated by another entity.
- Incidents (not under DFPS jurisdiction) that are not successfully prosecuted.
If a caseworker is notified that a child is suspected of being a victim of sexual abuse either by an adult or another child, the caseworker must do the following:
- Staff the case with the caseworker’s supervisor.
- Take any actions necessary to ensure the safety of the child.
If the case involves allegations of victimization as a result of child sexual aggression, the caseworker follows the protocols in the Sexual Incident History Resource Guide.
For additional information on working with children who have experienced sexual abuse, see the Working with Children with a History of Sexual Victimization, Sexual Aggression, or a Sexual Behavioral Problem Resource Guide.
Sexually Aggressive Behavior
The caseworker must notify the Conservatorship (CVS) program administrator immediately in either of the following situations:
- The caseworker is notified that the child is involved in an intake that alleges sexual aggression.
- The caseworker suspects or is alerted that a child may have exhibited sexually aggressive behavior.
The caseworker can notify the CVS program administrator by email with a copy to the supervisor and program director.
If the CVS program administrator determines that the child exhibited sexually aggressive behavior, the program administrator must document the information in the child’s case record.
Using the Sexual Incident History Resource Guide
Staff providing case management services follow procedures in the Sexual Incident History Resource Guide when working with the following:
- Children who have sexually aggressive behavior.
- Children who have sexual behavior problems.
- Victims of sexual aggression.
The resource guide also contains more information about practices, requirements, and definitions of terms.
Documenting Sexual Behavior Problems, Sexually Aggressive Behavior, and Sexual Victimization History
The caseworker must notify the conservatorship supervisor immediately and request a sexual behavior problem staffing in either of the following situations:
- The caseworker is notified that the child is involved in an intake containing information that a child may have a sexual behavior problem.
- The caseworker suspects or is alerted that a child may have engaged in sexual activities or has exhibited sexual actions that are outside the range of those that are developmentally appropriate.
If a child is identified as having a sexual behavior problem at the conclusion of the sexual behavior problem staffing, that behavior must be indicated in the following places:
- The Sexual Incident History page in IMPACT in the child’s case record.
- The Child Sexual History Report, Attachment A.
- The child’s application for placement.
- The child’s plan of service.
To document a sexual behavior problem in IMPACT, the caseworker:
- Answers “yes” to the question, “Was the child determined to have a sexual behavioral problem?” on the Sexual Incident History page.
- Describes the behaviors that supported the sexual behavior problem determination.
- Lists people with whom the child must be closely supervised or have no contact, as well as any other supervision-related needs related to the child’s sexual incident history. This information pre-fills into the Attachment A and must be provided to the caregiver.
If a child is determined to have sexually aggressive behavior, the incident that led to that determination must be indicated in the following places:
- The Sexual Incident History page in IMPACT in the child’s case record. (The CVS program administrator documents this.)
- The Child Sexual History Report, Attachment A.
- The child’s application for placement.
- The child’s plan of service.
For guidance on documenting sexually aggressive behavior in IMPACT, the CVS program administrator refers to the Sexual Incident History Resource Guide.
If a child has a confirmed history of sexual victimization, that history must be documented in the following places:
- The child’s Sexual Incident History page in IMPACT.
- The Child Sexual History Report, Attachment A.
- The child’s application for placement.
- The child’s plan of service.
To document confirmed sexual victimization in IMPACT, the caseworker:
- Answers “yes” to the question, “Does this child/youth have a confirmed history of sexual victimization?” on the Sexual Incident History page.
- Selects Add victimization incident.
- Enters the date the incident occurred. If the exact date of the incident is not known, the caseworker approximates the month, day, and year based on known information and marks that date as approximate.
- Indicates if the incident occurred while the child was in DFPS custody.
- Selects the placement where the incident occurred, if the incident occurred when the child was in DFPS custody.
- Selects who best describes the aggressor in the incident and searches for that person (if that person has a person identification number in IMPACT).
- Adds the abuser’s name, age, and relationship to the child in the text box labeled Identify who was responsible for the abuse, and their age, and their relationship to the child.
- Adds a description of the incident and any other relevant information to the text box labeled Describe the abuse and all pertinent information related to the abuse. The description must not include the abuser’s name. This is to avoid confidentiality concerns as this information populates into the child’s application for placement. If there is an associated CPI or CCI investigation, the caseworker includes the case ID number.
- Lists people with whom the child must be closely supervised or have no contact, as well as any other supervision-related needs related to the child’s sexual incident history. This information pre-fills into the Attachment A and must be provided to the caregiver.
To document unconfirmed sexual victimization in IMPACT, the caseworker:
- Answers “yes” to the question, “Does this child/youth have unconfirmed history of sexual victimization and/or suspected-unconfirmed sex trafficking victimization?” on the Sexual Incident History page.
- Documents any unconfirmed sexual victimization history or concerns under the Additional Relevant Information section. This includes the following:
- Any other relevant information about previous unconfirmed findings that may affect the child.
- Details that are important for ensuring that the child has appropriate services in place to meet the child’s needs. (This information does not appear on Attachment A.)
- Lists people with whom the child must be closely supervised or have no contact, as well as any other supervision-related needs related to the child’s sexual incident history. This information pre-fills into the Attachment A and must be provided to the caregiver.
Notifying Caregiver of New Information Involving Child Sexual Aggression or Sexual Victimization
If at any time during the course of a case the child is determined to have a confirmed history of sexual victimization or designated sexual aggression that has not previously been documented, the Sexual Incident History page in IMPACT must be updated. To notify the caregiver, the caseworker does the following:
- Launch a new Child Sexual History Report, Attachment A.
- Review the Attachment A with the caregiver.
- Obtain the caregiver’s signature on the Attachment A.
- Upload the signed Attachment A into OneCase.
If the child is placed in a foster home, all foster parents in the home must sign the Attachment A:
If the child is placed in a kinship home, all caregivers in the home who have unsupervised access to the child must sign the Attachment A.
If the child resides in a general residential operation (GRO), the following people must sign Attachment A:
- Administrator for the operation.
- Receiving intake staff, if applicable.
- Child’s case manager.
The GRO staff are responsible for ensuring that any other caregivers for the child receive the information.
If the child is placed with a parent, all parents in the home must sign the Attachment A.
If the child is placed in an unauthorized living arrangement, the adult whose home the child is residing in must sign the Attachment A.
If the child is placed in a facility operated or regulated by another state agency, the hospital care coordinator or similar staff (in a hospital setting) or the admission staff or person responsible for the oversite of the child (in a juvenile detention center) must sign the Attachment A.
The caseworker must also do the following:
- Document in a contact that the information was provided to the caregiver.
- Notify other people listed in 6151.3 Notification Requirements and Schedule.
Note: In Community-Based Care (CBC) catchment areas, the caseworker follows the placement process in the relevant CBC operations manual (available on the DFPS Policy Handbooks webpage). The single source continuum contractor (SSCC) is contractually responsible for making sure caregivers are aware of a child’s history of sexual aggression, sexual behavior problems, or sexual victimization.
6420 Rights of Children and Youth in Foster Care
CPS March 2022
DFPS must provide the CPS Rights of Children and Youth in Foster Care to all children and youth in foster care.
Social Security Act, Section 475A(b) (42 U.S.C. §675A(b))
DFPS must review the CPS Rights of Children and Youth in Foster Care with the child and the caregiver in the following situations:
- When the Child’s Plan of Service (CPOS) is developed or reviewed.
- No later than 72 hours from the date when:
- The child comes into foster care.
- A placement change is made into a DFPS FAD foster home.
Texas Administrative Code §749.1005
See:
6241 The Child’s Plan of Service (CPOS)
Services to Children in Substitute Care Resource Guide
The primary caseworker must review the CPS Rights of Children and Youth in Foster Care with the child. If a courtesy worker or local permanency specialist provides the document to the child, the primary caseworker must verbally review the rights with the child during the primary caseworker’s next monthly contact with the child.
The CPOS contains a copy of the CPS Rights of Children and Youth in Foster Care when it is printed from IMPACT. When the review of the CPS Rights of Children and Youth in Foster Care is not related to the CPOS, DFPS may use Form 2530 CPS Rights of Children and Youth in Foster Care. DFPS must include a copy of the signed document with every CPOS.
DFPS must review the CPS Rights of Children and Youth in Foster Care with the child in the following manner:
- At a language level that the child or youth can understand.
- In a developmentally appropriate way.
- In the child’s or youth’s primary language whenever possible.
Upon completing the review, the child or youth, caregiver, and DFPS each must sign on the appropriate signature lines. If the child is too young or otherwise not able to sign the document, DFPS must note this on the child’s signature line.
If the document is reviewed when the child comes into foster care or at a placement change, DFPS must provide a copy of the signed document to the child and caregiver.
The signed CPS Rights of Children and Youth in Foster Care must be uploaded into the Foster Care Bill of Rights tab in OneCase.
The dates of the initial and all subsequent reviews must be entered on the Child Placement Information page in the child’s SUB stage in IMPACT.
Though the CPS Rights of Children and Youth in Foster Care contains content similar to what is in Child Care Licensing’s Minimum Standards for Child-Placing Agencies, TAC §749.1003, the two publications are different. CPS provides certain rights that are not included in the minimum standards.
6421 Texas Foster Care Handbook
CPS May 2024
DFPS or Single Source Continuum Contractor (SSCC) staff must provide a copy of the Texas Foster Care Handbook to children who are age 10 and older when they enter DFPS conservatorship, or to children who turn age 10 while they are in conservatorship. DFPS staff must document in a Contact that the child received the Texas Foster Care Handbook.
Additionally, Preparation for Adult Living (PAL) staff must review the Texas Foster Care Handbook with youth who are 15 years old. See 10214 Review of the Texas Foster Care Handbook.
6422 Discipline
CPS October 2017
Children must be treated with dignity and respect at all times. The primary purpose of discipline must be to encourage safe and appropriate behavior, not to punish the child.
Discipline must suit the particular child’s needs and circumstances and must take into account the child’s age, developmental level, specific misbehavior, previous reaction to discipline, and history, including any history of physical or emotional abuse.
No child in DFPS’s managing conservatorship may be deprived of basic necessities or subjected to cruel, harsh, unusual, or unnecessary punishment.
DFPS Rules, 40 TAC §700.1331
CPS requires foster caregivers, kinship caregivers, and pre-consummated adoptive parents to comply with:
• the discipline requirements in DFPS Rules, 40 TAC §700.1331;
• applicable Minimum Standards for Child-Placing Agencies, including those in 40 TAC §749.1951 and 40 TAC §749.1957; and
• requirements described in Form 2279 Placement Summary.
See Appendix 6000-2: DFPS Discipline Policy
6422.1 Corporal Punishment is Not Permitted
CPS October 2017
Corporal punishment is defined as the infliction of physical pain on any part of a child’s body as means of controlling or managing the child’s behavior. It includes:
• hitting or spanking a child with a hand or instrument; or
• forcing or requiring the child to do any of the following as a method of managing or controlling behavior:
• Performing any form of physical exercise, such as running laps or doing sit ups or push-ups.
• Holding a physical position, such as kneeling or squatting.
DFPS Rules, 40 TAC §749.1953
• Doing any form of “unproductive work,” defined as work that serves no purpose except to demean the child. Examples include moving rocks or logs from one pile to another or digging a hole and then filling it in.
DFPS Rules, 40 TAC §749.1955
6422.2 Addressing Behavior Management and Discipline Issues
CPS October 2017
The child’s caregiver is expected to follow the discipline policies described in Form 2279 Placement Summary and in DFPS Rules, 40 TAC §749.1953 through §749.1961.
If the caseworker discovers any instances of apparent noncompliance with the policies, the caseworker must discuss the noncompliance with the caregiver and report the noncompliance to the foster and adoption home development or kinship development caseworker.
The caseworker must immediately discuss any instance of noncompliance with the conservatorship supervisor. The caseworker and supervisor must determine CPS’s response to the violation and assess the individual family circumstances by:
• the seriousness of the incident;
• the threat to child safety;
• child vulnerability; and
• caregiver protective capacity.
While child safety is paramount, CPS’s response should be the least intrusive to control safety. Responses may range from developing a safety plan with the caregiver to making a placement change.
6423 Respect for Religious Practices
CPS October 2017
When a child or youth comes into substitute care, the caseworker must accommodate the child’s and family’s wishes with respect to religious practices to the greatest extent possible.
For additional guidelines and information, see the Services to Children in Substitute Care Resource Guide.
6430 Initial Assessment Services
CPS November 2023
The table below shows the initial assessment services that DFPS must provide during the first 60 days a child is in care.
| Required Time Frame After DFPS Removes the Child |
Required Assessment or Service |
Details |
Links for More Information |
|---|---|---|---|
Within two business days |
Consultation with supervisor and referral to Early Childhood Intervention (ECI) |
The caseworker does this only if all of the following apply:
|
|
Within three business days |
3-Day Medical Exam |
The caseworker does this only if one of the following apply:
The caseworker should attempt to contact the child’s established primary care physician. |
|
Within 30 days |
Initial Texas Health Steps medical checkup |
Includes:
|
|
Within 30 days |
Child and Adolescent Needs and Strengths (CANS) assessment |
This applies only if the child is age 3 – 17. |
|
Within 60 days (but scheduled within 30 days) |
Initial dental exam (Texas Health Steps dental checkup) |
This is required only if the child is age six months or older. If required, the caseworker makes an appointment within 30 days. |
The caseworker assesses the child’s needs to determine the appropriate service level, for placement purposes. See 4410 Service Level Determinations and Reauthorizations.
The caseworker may recommend more assessment services and testing, based on information that the caseworker receives from the following people:
- The family and child.
- The school.
- The substitute caregiver.
- Medical professionals.
- Other professionals who are involved with the family and child.
6431 Child and Adolescent Needs and Strengths (CANS) Assessment and Family Strengths and Needs Assessment (FSNA)
CPS June 2019
Child and Adolescent Needs and Strengths (CANS) Assessment
All children and youth ages 3-17 who enter DFPS conservatorship on or after September 1, 2016 must receive the Child and Adolescent Needs and Strengths (CANS) assessment within 30 days of entering care.
DFPS uses the information from the CANS assessment to develop the Child’s Plan of Service (CPOS). See 6241 The Child’s Plan of Service (CPOS).
See the 3 in 30 Resource Guide for information about identifying the following:
• CANS assessors (clinicians who are certified to complete the CANS).
• Factors that cause a child not to be eligible for State of Texas Access Reform (STAR) Health coverage.
If a child is not eligible for STAR Health, the caseworker emails the CANS mailbox within seven days of when DFPS removes the child.
When a Child Turns 3 After Entering Conservatorship
A child who turns 3 after entering DFPS conservatorship must receive a CANS assessment on the child’s third birthday or within 30 days after that birthday.
The caseworker coordinates with the child’s caregiver to schedule and obtain the CANS assessment.
The caseworker makes sure the most recent FSNA is available in the child’s Health Passport.
Family Strengths and Needs Assessment (FSNA)
The Family Strengths and Needs Assessment (FSNA) is important for completing the CANS assessment and the Family Plan of Service (FPOS) for each child.
The conservatorship (CVS) caseworker completes the FSNA for each household and submits it to the Health Passport within 21 days after DFPS removes the child. See Within 21 Days in 6431.1 Timeline for CANS and FSNA, below.
See also:
Family Strengths and Needs Assessment (FSNA) Resource Guide
6431.1 Timeline for CANS and FSNA
CPS June 2019
The caseworker needs to have information from both the FSNA and the CANS to use in service planning. To make sure this information is available, DFPS staff members complete the following tasks according to the timelines stated below. These time frames refer to the amount of time after DFPS removes the child.
Within 24 Hours
The caseworker who removes the child enters the placement information in IMPACT within 24 hours of when DFPS removes the child, but no later than 7 p.m. the next calendar day.
This entry of placement information causes IMPACT to automatically notify STAR Health that a new member has been enrolled. After STAR Health receives the notification, the STAR Health Member Services staff tries to contact the medical consenter to get consent for a general health screening. This includes an offer to schedule a CANS assessment.
Within 48 Hours
A supervisor assigns a CVS caseworker as primary or secondary caseworker on both of the following stages in IMPACT:
• Family Substitute Care (FSU).
• Substitute Care (SUB).
This caseworker begins gathering case information for the FSNA.
Within 14 Days
The caseworker does the following:
1. Contacts the caregiver to confirm that the caregiver has scheduled the CANS assessment. If an appointment has not been scheduled, the caseworker helps schedule one by contacting Star Health for help finding a CANS-certified clinician.
2. Documents the contact in IMPACT.
Within 21 Days
The caseworker does the following:
1. Completes the FSNA.
2. Faxes the FSNA to Superior Health Plan. See the 3 in 30 Resource Guide under Child and Adolescent Needs and Strengths Assessment (CANS) for specific instructions. The fax needs to include an appropriate cover sheet. Here is information about the cover sheet:
• The caseworker completes one Health Passport fax cover sheet for each child who is on the FSNA.
• The cover sheet is available online at Superior (FSNA) Fax Cover Sheet.
• The caseworker follows the directions on the cover sheet and marks only the designated areas.
• Superior Health Plan rejects the fax if the cover sheet does not comply with the directions.
Superior Health Plan receives the FSNA and uploads it into Health Passport.
If the caseworker receives a request to resubmit the FSNA, the caseworker responds to the request within one business day.
Exception: Cases with No FSNA
In rare situations, the caseworker cannot complete the FSNA. Examples of these situations include the following:
• Aggravated circumstances, as defined in the Texas Family Code, §262.2015.
• Baby Moses cases, as described in 2351 Baby Moses.
• Cases in which DFPS cannot find the parent.
When this occurs, the caseworker still faxes the cover sheet to STAR Health. The caseworker does the following:
1. Checks the box for No Family Strengths and Needs Assessment (FSNA) on the cover sheet.
2. Faxes only the completed cover sheet for each child in the family.
This action tells the clinician to complete the CANS assessment without the FSNA.
30-35 Days After DFPS Removes the Child
The caseworker views the CANS report by following the directions under the subheadings below.
Step One: Look for the CANS Report
The caseworker goes to the Assessments tab in Health Passport to view the CANS report.
Step Two: Find the CANS Report if It Is Missing
If the CANS report is not present in Health Passport, the following steps occur:
1. The caseworker verifies with the caregiver that a CANS was completed, then does as follows:
• If the caregiver states that a CANS was completed, the caseworker does step 2 of this list.
• If not, the caseworker helps schedule a CANS appointment.
2. The caseworker contacts the STAR Health clinician to make sure that the clinician completed the CANS in e-CANS, then does as follows:
• If the clinician states that the clinician completed the CANS in e-CANS, the caseworker does step 3 of this list.
• If not, the caseworker asks the clinician to enter the CANS results into e-CANS.
3. The caseworker emails the CANS mailbox with the following information:
• Child’s name.
• Child’s person identification number (PID).
• A brief description of the issue.
4. A CANS subject matter expert (SME) researches the issue and gives the caseworker further instructions within two business days of receiving the email.
Step Three: Use the CANS Report
The caseworker reviews the CANS report in order to complete the CPOS.
The caseworker takes a printed or electronic copy of the CANS report to any permanency planning meeting.
See 6241 The Child’s Plan of Service (CPOS) and 6250 Permanency Planning Meetings (PPM) and their subitems.
Exception: Community-Based Care (CBC)
The timelines for the CANS and FSNA may be different from those listed above if DFPS places the child in a Community-Based Care (CBC) catchment area (region). See the region’s CBC operations manual (available on the DFPS Policy Handbooks webpage) for timelines for the CANS and FSNA if the child has this type of placement.
6431.11 Placement Changes within the First 30 Days
CPS June 2019
The caseworker coordinates with STAR Health and the caregiver to obtain the status of the CANS assessment if both of the following apply:
• The child’s placement changes within the first 30 days after DFPS removes the child.
• The child remains in DFPS conservatorship.
The caseworker takes the following steps:
1. Determines whether someone has scheduled an appointment by asking the caregiver in the previous placement for the time, date, and location of any scheduled CANS appointment.
2. Does one of the following, as appropriate:
• If the child’s new placement is within 30 miles of the provider with whom the appointment was already made (or if the new placement is farther but the child can still get to the appointment), the caseworker makes sure that the existing appointment is kept by telling the new caregiver of this appointment.
• If the child’s new placement is more than 30 miles from the provider with whom the appointment was already made and the appointment cannot be kept, the caseworker does as follows:
• Helps the new caregiver reschedule the appointment immediately (no later than two business days after the placement change).
• Cancels the original appointment by contacting the clinician who was originally scheduled to complete the CANS assessment.
• If no appointment has been scheduled, the caseworker helps schedule an appointment.
6431.2 Use of the CANS Assessment for Service Planning
CPS June 2019
The CANS report in the Health Passport contains the following information:
• Raw scores
• Three narrative fields, as follows:
• Clinical Impression
• Priorities for Planning
• Service Recommendations
The caseworker considers each of these parts when developing the CPOS.
Raw Scores
The table below describes the possible raw scores in the CANS report and what they mean.
Raw Score |
Meaning |
|---|---|
0 or 1 (Strengths Score) |
This score identifies one of the child’s or youth’s main strengths. The caseworker considers including this in the CPOS to build strengths. |
2 or 3 (Needs Score) |
This score shows a need for action. The caseworker considers including this in the CPOS. |
Narrative Fields
The CANS report also includes three narrative fields. The caseworker focuses on these when developing the CPOS.
See the 3 in 30 Resource Guide for a detailed explanation of these fields.
More Information
The caseworker may email the CANS mailbox for more support in using the CANS to develop or review the CPOS.
See also 6241 The Child’s Plan of Service (CPOS).
6431.3 The STAR Health Service Plan
CPS June 2019
The caseworker documents in the case narrative in IMPACT when a child qualifies for service management, which is a program for children who have a disability, complex condition, or other special need that requires many types of doctors or specialists.
State of Texas Access Reform (STAR) Health completes a health care service plan within 45 days for a child who is receiving service management. This plan incorporates the recommendations in the CANS report. The completed health care service plan is available to view and print in the Assessments tab of the Health Passport. See 11240 Using the Health Passport.
A caregiver or caseworker may receive a call from STAR Health to arrange a service that the CANS recommended. The caseworker follows up anytime STAR Health calls, to make sure the child receives all appropriate recommended services.
The caseworker can request for STAR Health to enroll the child in service management if the child is not currently receiving it. This is appropriate if either of the following applies:
• The caseworker notices recommended services that are not already in place.
• The caseworker otherwise believes that service management could help the child.
The caseworker may call STAR Health at 1-866-912-6283 at any time to make this request.
The caseworker may email the CANS subject matter experts (SMEs) at the CANS mailbox for more support.
6431.4 Annual Updates to the CANS
CPS June 2019
All children and youth ages 3-17 who enter DFPS care on or after September 1, 2016 must receive an annual update to their CANS assessments.
The deadline for this annual update is 30 days after the anniversary of the most recent CANS. STAR Health Member Services mails a reminder letter to the child’s or youth’s medical consenter when the annual update is due. The medical consenter can call STAR Health Member Services for help with the following:
• Scheduling an annual CANS appointment.
• Finding a CANS-certified STAR Health clinician.
The caseworker takes the following steps to complete the annual CANS assessment:
1. Faxes the most recently completed FSNA to Superior Health Plan. See Within 21 Days in 6431.1 Timeline for CANS and FSNA for fax directions.
2. Coordinates with the child’s caregiver to schedule the annual CANS with the child’s current clinician, if the clinician is CANS certified. If the current clinician is not CANS certified, another clinician conducts the assessment.
3. Views the CANS report in Health Passport when it is complete.
4. Updates the CPOS with the information and recommendations from the new CANS. See 6241 The Child’s Plan of Service (CPOS).
If Parental Rights Are Terminated
The CVS or adoption (ADO) caseworker faxes a cover sheet to Superior Health Plan indicating No Family Strengths and Needs Assessment (FSNA), unless the permanency goal changes to family reunification. See 6510 Initiating the Reunification Process.
6431.5 Court Order to Obtain a CANS Assessment
CPS June 2019
DFPS uses existing processes to obtain a CANS assessment that a court has ordered.
When a court orders a health care service, treatment, or test for a child in DFPS conservatorship, the caseworker does the following:
• Notifies the regional well-being specialist of the order within one business day.
• Gives the well-being specialist a copy of the written order within one business day of when the caseworker receives it.
The well-being specialist sends a copy of the court order to the STAR Health liaison in the region.
If No FSNA Exists
DFPS did not complete the FSNA in cases that it opened before September 1, 2016. If a court orders a CANS for a child in one of these cases, the caseworker checks the box for No Family Strengths and Needs Assessment (FSNA) on an FSNA cover sheet and faxes the cover sheet.
6431.6 Inpatient Hospitalization and the CANS
CPS June 2019
Sometimes a child is hospitalized when a CANS assessment should be scheduled or should occur. If this happens, the caseworker contacts STAR Health within one business day of the child’s admission to the hospital. This requirement applies to both medical and psychiatric hospitalizations.
STAR Health usually tries to arrange for a CANS assessment to occur while the child is in the hospital, if necessary.
6432 Assess for Developmental or Intellectual Disability
CPS November 2019
DFPS must assess whether a child who comes into care has an intellectual or developmental disability as soon as possible.
Texas Family Code §264.1075(b)
For the initial placement, the caseworker must provide any relevant information in Form 6589 Post-Removal Staffing.
If a child is already under DFPS conservatorship, an assessment can be arranged at any time, based on regional protocols. An assessment may be arranged when:
• The child is moving to a subsequent placement.
• A caregiver suspects a developmental delay.
• The developmental disability specialist decides additional referrals are necessary.
• The child’s treating physician notes a possible disability.
If the child is assessed as possibly having an intellectual or developmental disability, see 6432.1 Medicaid Long-Term Care Interest Lists and Determination of Intellectual Disability.
6432.1 Medicaid Long-Term Care Interest Lists and Determination of Intellectual Disability
CPS November 2019
If an assessment indicates that a child under the conservatorship of DFPS might have an intellectual or developmental disability, the caseworker must contact the regional developmental disability specialist (DDS).
The DDS assists the caseworker to:
• Add a child to the long-term care interest list.
• Refer the child for a determination of intellectual disability (DID) with the Local Intellectual and Developmental Disability Authority (LIDDA) in the region in which the child is currently placed.
Texas Family Code §264.1075(c)
See the Home and Community-Based Services (HCS) Resource Guide.
Time Frame for Referrals
If the child is under the conservatorship of DFPS the caseworker must refer the child for the DID before the child’s 16th birthday.
If the child is placed in DFPS managing conservatorship after his or her 16th birthday the caseworker must refer the child for the DID no later than 90 days after the child’s initial assessment.
6440 When a Youth in Substitute Care is Pregnant or Parenting
CPS April 2022
DFPS must make sure a youth in conservatorship who is pregnant or parenting (including a male youth who is parenting) is referred to DFPS Prevention and Early Intervention (PEI) using Form 3105 Service Referral for Youth Parents and Pregnant Youth in DFPS Conservatorship or to other community services that make sure the youth parent receives developmentally appropriate information and support in providing a safe environment for the youth’s child, including instruction on all the following topics:
- Safe sleeping arrangements.
- Suggestions for childproofing potentially dangerous settings in a home.
- Child development and methods to cope with challenging behaviors.
- Selection of appropriate people to help the youth parent care for the child.
- A child’s early brain development, including the importance of meeting an infant’s developmental needs by providing positive experiences and avoiding adverse experiences.
- The importance of paternal involvement in a child’s life and methods for co-parenting.
- The benefits of reading, singing, and talking to young children.
- The importance of prenatal and postpartum care for both the mother and child, including the impact of and signs of perinatal mood disorders.
- Infant nutrition and the importance of breastfeeding.
- Healthy relationships and family planning, including the prevention of intimate partner violence and counseling about the prevention of unplanned subsequent pregnancies.
DFPS must also make sure a youth is referred to a STAR Health service management program, such as the STAR Health Start Smart for Your Baby program, if the youth is eligible for STAR Health Medicaid. STAR Health can be contacted at 1-866-912-6283 for enrollment in service management.
See the Youth Who Are Pregnant or Parenting in DFPS Conservatorship Resource Guide for procedures for referring pregnant and parenting youth to services.
See also Procedures for IMPACT Data Entry Associated with Youth Parents in DFPS Conservatorship.
6441 When a Youth in Substitute Care Is Pregnant
CPS April 2022
See 11741 If a Youth Is Pregnant.
6442 When a Youth in Substitute Care Is Parenting
CPS April 2022
The safety of the youth and the youth’s child is always of the highest importance, and DFPS assesses and documents safety at every visit with the youth. DFPS addresses safe sleep as specified in 6411.22 Conducting the Monthly Visit.
The following subsections apply when a youth in DFPS’s managing conservatorship has a child while in care or enters care with a child.
6442.1 When DFPS Has Conservatorship of the Youth’s Child
CPS April 2022
When DFPS has conservatorship of both the youth parent and the youth’s child, the caseworker follows the policies related to children in conservatorship. Regardless of whether the child and youth parent are in the same placement, their cases are handled individually. The caseworker does the following:
- Completes plans of service according to 6241 The Child’s Plan of Service (CPOS) and 6242 The Family Plan of Service (FPOS).
- Enters in IMPACT a medical consenter and backup medical consenter, according to 11100 Medical Consent. The youth parent and the child may have the same or different medical consenters.
- Contacts the regional foster care eligibility specialist to verify whether the youth’s child is eligible for STAR Health.
See Procedures for IMPACT Data Entry Associated with Youth Parents in DFPS Conservatorship.
6442.2 When DFPS Does Not Have Conservatorship of the Youth’s Child
CPS April 2022
When DFPS does not have conservatorship of the youth’s child, the child may be placed in the same placement as the youth parent. This placement can be either paid by DFPS or unpaid.
The youth’s caseworker enters medical consenters as stated in 11153 Youth Who Are Parents in DFPS Conservatorship or Extended Foster Care.
If DFPS does not have conservatorship of the youth’s child, a Child’s Plan of Service (CPOS) is not needed for the child. The caseworker addresses the following in the youth’s CPOS:
- The youth’s parenting issues, including any past concerns of abuse or neglect by the youth parent.
- Any needs of the youth’s child.
During monthly visits, the caseworker does the following:
- Tries to meet with the youth when the youth’s child is present, to make sure the child’s needs are being met.
- Discusses the youth’s and child’s needs with the caregiver.
The caseworker documents the following in the youth’s monthly contact:
- Whether the caseworker was able to see the youth’s child.
- Observations.
- Any needs of the child.
The caseworker staffs (consults) with the supervisor any time there is a concern that the child’s needs are not being met.
Youth’s Child Is in a Placement Paid for by DFPS
When DFPS is paying for the placement of a child who is not in DFPS conservatorship, the caseworker contacts the regional foster care eligibility specialist to verify whether the child is eligible for STAR Health, newborn, or traditional Medicaid.
See Procedures for IMPACT Data Entry Associated with Youth Parents in DFPS Conservatorship.
Youth’s Child Is in a Non-DFPS-Paid Placement
When DFPS is not paying for the placement of a child who is not in DFPS conservatorship, the caseworker does the following:
- If appropriate, adds the child’s noncustodial parent on the youth parent’s CPOS or an FPOS completed in the Family Substitute Care (FSU) stage. See 6241 The Child’s Plan of Service (CPOS) and 6242 The Family Plan of Service (FPOS).
- Helps the youth parent apply for benefits through the Health and Human Services Commission (HHSC), if the child may be eligible for STAR Health, newborn, or traditional Medicaid.
6442.3 When the Youth’s Child Leaves Paid Foster Care – Closing Stages in IMPACT
CPS April 2022
When the Youth Parent and Child Leave Paid Foster Care
DFPS closes the child’s Substitute Care Case-Related Special Request – Public Service (SUB C-PB) stage when the youth parent and the child leave a paid foster care setting. For example, this happens when they move to an independent living setting, return to the youth parent’s home, or move to a non-licensed kinship placement. However, if the youth’s case has progressed to a Family Reunification (FRE) stage, there should not be an open SUB C-PB stage for the youth’s child.
When the Child’s Placement in DFPS-Paid Foster Care Ends
DFPS closes the SUB C-PB stage for the child when the child’s placement in DFPS-paid foster care ends.
When the youth parent leaves a DFPS-paid foster care placement with the child, the youth parent can seek Medicaid or CHIP (Children’s Health Insurance Program) for the child through HHSC if the child does not already have health insurance.
6442.4 When the Youth Parent Is on Runaway Status
CPS April 2022
Youth Gives Birth While on Runaway Status
If a youth who is pregnant gives birth while on runaway status, DFPS does not create a SUB C-PB stage for the youth’s child, unless the youth and child enter a DFPS-paid foster care placement and DFPS pays for the child’s placement.
Youth Parent Runs Away from Placement
If the child is in a DFPS-paid foster care placement with the youth parent, and the youth parent leaves the placement without permission and takes the child, the caseworker enters a Placement Type of Unauthorized Placement for the child in the SUB C-PB stage.
For more information on the youth parent’s placement, see 1537 Foster Care Payments During Absences From Foster Care Placements.
6450 Additional Services
6451 Hunting
CPS October 2017
When a caseworker receives a request to hunt from a youth, or from a facility or caregiver on behalf of a youth, the caseworker must send the supervisor and program director a memorandum that includes:
• the recommendations of the youth’s caseworker, attorney ad litem, therapist (if there is one), and parents (if CPS conservatorship is temporary); and
• signature lines for the supervisor and program director.
If all parties and the supervisor and program director agree that the youth should be granted the use of firearms for hunting, then staff must notify the facility, caregiver, and youth of the approval.
The caseworker must:
• file the memorandum in the youth’s case record; and
• send a copy to the youth’s attorney ad litem.
If the youth lives in a residential facility that requires its own permission form, the regional attorney must review the form before the caseworker signs it.
If any party disagrees, the caseworker does not approve the request, unless the court directs otherwise.
For additional requirements and information, see the Services to Children in Substitute Care Resource Guide, under Hunting.
6452 Personal Documents Provided to Youth
CPS September 2024
Youth in DFPS conservatorship must be provided certified copies (or originals) and photocopies of personal documents to assist them in gaining employment, enrolling in school, leasing an apartment, opening a bank account, setting up utility services, getting a driver license, and accessing other resources.
DFPS must ensure that a youth possesses these personal documents at all of the following times:
- On or before the date on which the youth turns 16 years of age.
- Before the youth turns 18 and exits conservatorship or is legally emancipated.
- Before the young adult exits Extended Foster Care.
- When the youth is 16 or older and does not possess any or all of the youth’s personal documents for any reason. This can include any of the following:
- If the documents are lost or destroyed.
- If the documents are not provided to the youth prior to the youth turning 16.
- The youth entered DFPS conservatorship at age 16 or 17.
DFPS may provide the documents to the caregiver to hold for the youth, but the youth must be given access, as needed, for employment and other matters. When a youth changes placements, caseworkers must ensure the personal documents go with the youth (see 4131 Gather the Child or Youth’s Important Documents and Personal Belongings).
DFPS must ensure that each youth who is 14 years of age or older has an email address through which the youth may receive encrypted copies of personal documents and records, even after the youth leaves conservatorship. DFPS must provide youth with instructions on how to access encrypted emails. Email addresses are documented on the youth’s Person Detail in IMPACT.
See:
6452.1 Personal Documents Provided to Youth Age 15 Through 17
6452.2 Additional Personal Documents Provided to Youth before Age 18
6452.3 Documentation Requirements for Personal Documents
Personal Documents Resource Guide
DPS Foster Youth ID Card Fact Sheet
DPS Foster Youth Driver License Fact Sheet
For assistance in obtaining documents for youth who are not U.S. citizens, refer to 6700 International and Immigration Issues, 1521.4 Requesting International Birth Certificates, and the International and Immigration Issues Resource Guide.
6452.1 Personal Documents Provided to Youth Age 15 Through 17
CPS September 2024
Youth who are in DFPS conservatorship must be provided with a photocopy and a certified copy (or original) of the youth’s:
- Birth certificate (see 1520 Obtaining Certified Birth Certificates and Printing Birth Records Screenshots).
- Social Security card or replacement Social Security card, as appropriate.
- Personal identification card issued by the Texas Department of Public Safety (DPS).
DFPS provides the above listed personal documents to the youth:
- On or before the date on which the youth turns 16 years of age.
- When the youth is 16 or older and does not possess any or all of the youth’s personal documents for any reason. This includes any of the following:
- If the documents are lost or destroyed.
- If the documents are not provided to the youth prior to the youth turning 16.
- The youth entered DFPS conservatorship at age 16 or 17.
For all documentation requirements, see 6452.3 Documentation Requirements for Personal Documents.
6452.2 Additional Personal Documents Provided to Youth before Age 18
CPS September 2024
DFPS must ensure that the youth has all of the documents listed in the chart below at least 30 days before the youth leaves DFPS conservatorship by turning 18 or by becoming legally emancipated.
See Appendix 6000-1: Discharging Children from Substitute Care for a list of information and materials a youth and family receive when a youth is discharged from substitute care.
| Document |
Required Copies |
|---|---|
Birth certificate (see 1520 Obtaining Certified Birth Certificates and Printing Birth Records Screenshots) |
Photocopy and a certified copy (or original) |
Social Security card or a replacement Social Security card |
Photocopy and a certified copy (or original) |
Driver license or personal identification card issued by the Texas Department of Public Safety (DPS) |
Photocopy and a certified copy (or original) |
Immunization records |
Photocopy or original, if available |
Information contained in the youth’s Health Passport |
Photocopy |
Medicaid card or other proof of the youth’s enrollment in Medicaid or an insurance card from a health plan that provides health coverage to youth in foster care. |
Photocopy or, if available, original Medicaid card |
Proof of Foster Care (see 6452.4 Proof of Foster Care) |
Signed photocopy or original |
Texas Family Code §264.121(e-1)
For all documentation requirements, see 6452.3 Documentation Requirements for Personal Documents.
Medical Power of Attorney
DFPS must also provide the following medical power of attorney forms to the youth 90 days before the date the youth leaves DFPS conservatorship:
Form 2559A Information Concerning the Medical Power of Attorney
Form 2559B Medical Power of Attorney, Designation of Health Care Agent
DFPS may also provide, if available:
- Passport
- Immigration or U.S. citizenship documents
PAL Staff Role
If help is needed to obtain documents, Preparation for Adult Living (PAL) staff will assist the youth’s caseworker.
6452.3 Documentation Requirements for Personal Documents
CPS September 2024
DFPS must have the youth sign for the personal documents using whichever form below is appropriate:
Form 2527 Personal Documents Checklist – Age 15 Through 17
Form 2528 Personal Documents Checklist – Age 18
If the youth’s caregiver or guardian will be holding and securing the documents for the youth, the caregiver or guardian must also sign the form.
The youth, and caregiver if appropriate, must also initial on these forms that certified copies (or originals) and photocopies of the birth certificate, the personal identification card or driver license, and the Social Security card were received.
The youth’s caseworker must explain to the youth the purpose of the documents and how the documents may be used before the youth leaves foster care. For example, a Social Security card is needed in order to obtain a job, or proof of Medicaid enrollment is needed to obtain medical services.
Additionally, DFPS must assist the youth with developing a plan for keeping the youth’s personal documents in a safe place, and document this on the appropriate form.
The caseworker must document the following in an IMPACT Contact Narrative:
- All documents that the youth or caregiver received.
- Discussion of the purpose of the documents received, and how they may be used.
- Any efforts made to obtain documents that were not provided.
DFPS must file copies of all required documents and forms in the youth’s external case file with the youth’s other personal information. DFPS must file other documents in the external case file, such as the youth’s passport, immigration or U.S. citizenship records, if available. Copies of all documents must include front and back to include important information necessary for replacement and other matters.
DFPS must ensure the youth’s person identifiers (for example, Social Security number and State ID number) are entered in IMPACT per CPS Handbook 6133.6 Documenting Information on Case Principals and Operating Policy OP-7100 Managing Person Information in IMPACT (on the DFPS intranet).
6452.4 Proof of Foster Care
CPS September 2024
The caseworker must provide Form 4200 Foster Care Verification to youth and young adults any time after the youth’s 13th birthday, as needed, and at least 30 days before the youth turns age 18. Youth may need Form 4200 as proof for a program or benefit. If a young adult is 18 or older and in Extended Foster Care, the caseworker will provide another Form 4200 if the young adult does not have the original form at the time of discharge from Extended Foster Care.
6453 Consumer Credit Reports
6453.1 Credit Reports for Youth 14 Through 17
CPS October 2017
Every youth in DFPS conservatorship age 14 through age 17 qualifies for a free annual consumer credit report from each of the three credit reporting agencies. DFPS requests these credit reports annually on the youth’s behalf until the youth is discharged from DFPS conservatorship.
Social Security Act, Section 475(5)(I) (42 U.S.C. §675)
Administration for Children and Families, Information Memorandum PI-11-09
Administration for Children and Families – Program Instructions PI-12-07.pdf
Administration for Children and Families – Information Memorandum IM 14-03.pdf
See the Personal Documents Resource Guide, under Credit Reports.
Annually, the DFPS state office liaison requests credit reports on all youth in DFPS conservatorship age 14 through age 17. Each credit reporting agency provides credit report information in a different format. The state office liaison sends these files to each region, with instructions on how caseworkers can access the files.
If the caseworker’s review of the files finds no record of a credit report for the youth, the caseworker must document this in IMPACT and provide the date each credit reporting agency generated the file.
If the caseworker’s review of the files finds that a credit report exists for the youth, the caseworker must document that a credit report existed and the efforts being made by the state office liaison and the caseworker to address the credit report information.
Case Plan Documentation
The caseworker must inform a youth of his or her right to an annual credit report beginning at age 14. The caseworker must document that the youth was given this information in the youth’s case plan.
Credit Reports with Discrepancies
If discrepancies exist in a credit report or credit history, the caseworker receives an email from the DFPS state office liaison, containing instructions on how to access the credit report. The caseworker must ensure that any documents the state office liaison requests, in order to resolve the discrepancy, are provided.
The caseworker must review the report face-to-face with the youth, and discuss the efforts CPS staff is making to resolve the issues. The caseworker must document these discussions in IMPACT.
Requesting Individual Credit Reports
A caseworker may request individual credit reports if:
• there are suspicions or proof that a youth’s Social Security number has been used to open a business account, or for fraudulent purposes;
• a youth age 17 or older recently came into the conservatorship of DFPS; or
• there is a court order requiring DFPS to request a credit report.
Before requesting a credit report, the caseworker must check the most current annual file to ensure a credit report does not already exist on the youth.
To request a credit report, the caseworker must submit the youth’s full name, person identifier number, and the current address. The caseworker sends credit report inquiries to the CPS Credit Reports mailbox.
Note that each credit reporting agency only provides one credit report per youth in a 12 month period.
Fraud Alert or Credit Freeze
If there is evidence of identity theft or fraudulent debts on a youth’s credit report, the state office liaison requests that the credit reporting agency place an initial fraud alert on the account or a credit freeze. The state office liaison may consult with the caseworker on these decisions.
The caseworker must notify the youth that a fraud alert or credit freeze has been placed on the youth’s credit report account. Upon turning age 18, the young adult can lift fraud alerts or credit freezes by contacting each credit reporting agency.
6453.2 Credit Reports for Young Adults in Extended Foster Care
CPS October 2017
Each year the caseworker must help a young adult enrolled in the Extended Foster Care program to obtain his or her own credit reports. According to the agreements with the three credit reporting agencies, DFPS may not conduct credit checks with young adults age 18 and older.
To assist the young adult, the caseworker refers the young adult to the Annual Credit Report website to request and obtain his or her credit report. This is the only website authorized to provide a free credit report.
If a credit report exists, the caseworker must review and explain how the young adult can dispute any inaccuracies, and document the discussion in the case record.
If the young adult refuses to request a credit report, the caseworker must document in the case file all efforts made to encourage the young adult to request a report.
6454 Driver License and State Identification (ID) Card
6454.1 Driver License
CPS September 2024
Eligible youth and young adults in DFPS foster care must comply with state laws and requirements, including maintaining current automobile insurance (if the youth or young adult owns a vehicle), when applying for and continuing to possess a driver license. There is a Department of Public Safety (DPS) fact sheet specifically for DFPS caregivers, providers, DFPS staff, and youth in foster care. See DPS’s Driver License General Information Foster Youth Fact Sheet. The fact sheet includes information for the following people:
- All original driver license (DL) applicants.
- Youth in foster care under 18 years of age.
- Young adults in extended foster care 18 to 21 years of age.
For more information about getting a Texas driver license, see the DPS website.
6454.11 Driver License Assessment for Youth under 18
CPS September 2024
A youth under age 18 in DFPS conservatorship may request to take driver education courses or apply for a driver license, if they meet the age requirements listed on the Department of Public Safety website How to Apply for a Texas Driver License as a Teen page. The youth’s caregiver may make the request on the behalf of the youth.
The caseworker assesses the youth’s readiness to take a driver education course and obtains appropriate approvals.
The Personal Documents Resource Guide provides a complete outline of what is required and how to help with obtaining a driver license.
The caseworker documents the assessment and any consultation with any other relevant people on the Contact Detail page in IMPACT.
6454.12 Driver License Approval Process for Youth under 18
CPS September 2024
The caseworker informs the supervisor of the assessment results. The supervisor reviews the results and determines whether the youth may obtain a driver license. The caseworker informs the youth and caregiver of the determination and documents the approval or denial in the youth’s case record.
6454.13 Insurance Coverage
CPS September 2024
For youth under age 18, the primary caseworker informs the youth that the youth must not drive a vehicle at any time without having the proper insurance. If the youth does drive without insurance, DFPS cancels the license. The caseworker documents the discussion with the youth on the Contact Detail page in IMPACT.
For young adults over age 18 in extended foster care, the primary caseworker discusses the consequences of driving a vehicle without having the proper insurance.
6454.14 Reassessing a Youth before or after Receipt of a Driver License for Youth under 18
CPS September 2024
Once the youth completes all DPS requirements to apply for a driver license, the youth’s caseworker may only reassess the youth if circumstances change. If, based on a reassessment, the caseworker determines that the license is to be cancelled or withdrawn, the caseworker submits a request following policies in 6454.2 Canceling or Withdrawing a Driver License.
6454.15 Eligible Youth Applying for a Driver Learner License or Driver License
CPS September 2024
While young adults ages 18 and over in extended foster care do not need permission or authorization from DFPS to obtain a driver learner license or driver license, they do need the caseworker to provide them with Form 2042 Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver.
Youth residing in Texas and under age 18 wanting to obtain a driver license must:
- Complete the first six hours of a driver education course.
- Obtain a driver learner license.
- Complete additional driver education and required driving practice hours.
See How to Apply for a Texas Driver License as a Teen.
After completing all the driver education requirements and driving practice hours, the youth can then apply for a driver license. Both the driver learner license and driver license require a visit to the DPS office with required documents, including forms completed by the caseworker.
Once an eligible youth is enrolled in a driver education course, or the youth has completed the DPS driver license requirements for youth under 18 and is ready to apply for the license, the caseworker, or another DFPS staff member at a caseworker level or above, does as follows:
- Verifies that the youth is enrolled in a driver education course or completed the DPS driver license requirements. The caseworker does not need to verify that the youth completed the first six hours of driver education, only that the youth is enrolled in the course. Driver education courses move quickly and the youth will not be able to move to the next part of the education and driving practice until the youth obtains the driver learner license and waiting for paperwork from the caseworker could delay them. DPS will not issue the driver learner license without documentation that the first six hours of driver education was completed.
- Verifies that the supervisor approved the youth to obtain a driver license.
- Assists the youth with completing the DPS Form DL-14B Texas Driver License or Identification Card Application.
- Signs the form before a notary public, which authorizes the youth to obtain the learner license or driver license without the caseworker being present. While this form lists that it is for youth aged under 17 years and 10 months, it should be used if the youth will be applying for a learner license or driver license if the youth is under 18 years old. The alternate form, DPS Form DL-14A Texas Driver License or Identification Card Application is only valid for a youth who already has a driver license and is applying to renew it up to 30 days prior to the youth’s 18th birthday.
- Completes and signs Form 2042 Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver.
- Gives the youth the completed, signed Form 2042 DFPS Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver.
- Assists the youth by gathering and providing all identification documents.
See Personal Documents Resource Guide for more information.
6454.16 Young Adult in Extended Foster Care Applying for Driver License
CPS September 2024
Young adults over age 18 in Extended Foster Care can obtain a driver learner license or driver license without permission from the caseworker, but they do need the caseworker to complete a Form 2042 DFPS Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver. This provides the needed documentation of their Texas residency and access to the DPS fee waiver for a driver learner license and driver license.
To facilitate this process, the caseworker does as follows:
- Completes Form 2042 for any young adult who is at least 18 years of age, but under 21, and is in a paid DFPS extended foster care placement.
- Assists the young adult in completing DPS Form DL-14A Texas Driver License or Identification Card Application.
- Assists the young adult by gathering all DPS required identification documents.
See Personal Documents Resource Guide for more information.
6454.17 Foster Care Residency Verification Form for Driver License or State Identification (ID) Card and Fee Waiver Form 2042
CPS September 2024
The Form 2042 DFPS Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver verifies the individual is in foster care and the individual’s mailing and residential address. A youth or young adult in foster care uses it to establish Texas Residency to obtain a driver learner license, driver license or state identification card without paying DPS fees.
If youth and young adults in foster care do not have the completed Form 2042, DPS will require that they have at least one of the following:
- Two documents that show their current address.
- Someone who lives at their address accompany them, provide transitional living documents listed in the DFPS Foster Youth ID Fact Sheet or the DPS Foster Youth Driver License Fact Sheet, and complete a DL-5 Texas Residency Affidavit before a notary public.
Completing the form and attaching a copy of the appropriate DPS Foster Youth ID Fact Sheet and DPS Foster Youth Driver License Fact Sheet makes the process simpler at DPS for the applicant and prevents the applicant from being turned away for not having documents that show the current address. This form also entitles the applicant to a fee waiver for the cost of the license.
The caseworker completes the youth’s office address as the mailing address. If the youth or young adult uses the office address, under state law, they do not need to update their ID or license every time they move to a new foster care placement. The caseworker also lists the youth or young adult’s current physical address on the form.
When completing the DPS DL-14A or 14B Texas Driver License or Identification Card Application, a youth who is in a placement that is intended to be permanent can choose to have DPS use the youth’s current physical address rather than the caseworker’s mailing address. Young adults can also choose to have mail sent directly to their current physical address .
Conservatorship Verification—Youth under Age 18
For all applicants under age 18, the primary caseworker or other DFPS staff member, at a caseworker level or above, signs and dates Form 2042 to verify conservatorship status.
DFPS Placement Verification—Young Adults Ages 18 to 21
For all applicants ages 18 to 21, the primary caseworker or other DFPS staff, at a caseworker level or above, signs and dates Form 2042 to verify DFPS-paid foster care placement status.
6454.18 Documenting the Assistance and Maintaining Forms Provided to Obtain a Driver License or State Identification Card for a Youth in Foster Care or a Young Adult in Extended Foster Care
CPS September 2024
The youth’s primary caseworker or other authorized staff member documents information related to approving a youth under age 18 for a driver license and obtaining a driver license or state identification card on the Contact Detail page in IMPACT and in the youth’s Child’s Plan of Service. The caseworker places a copy of Form 2042 DFPS Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver and the DPS Form DL-14B or 14A Texas Driver License or Identification Card Application in the youth’s or young adult’s case file.
6454.19 Address Changes for a Driver License or State Identification (ID) Card
CPS September 2024
DFPS staff and caregivers inform the youth or young adult about their responsibility to update their address on their driver license or state ID card with DPS within 30 days of certain changes. If the caseworker’s office address was used, the youth must notify DPS of the new address for one of the following reasons:
- They leave extended foster care.
- They turn 18 and leave foster care.
- They are discharged from DFPS conservatorship prior to turning 18.
In addition, if the youth or young adult used their placement address as their mailing address with DPS and have not used the caseworker’s office address, they must update their address whenever their placement changes.
6454.2 Canceling or Withdrawing a Driver License
CPS September 2024
For youth under age 18, DPS allows the adult who signed the Parental Authorization section of DPS Form DL-14B – Texas Driver License or Identification Card Application (Minor – Under 17 Years 10 Months of Age) to cancel a youth’s driver license. The DFPS regional director, as the final authority, approves the cancellation of a youth’s driver license. Only a DFPS staff member, at a caseworker level or above, may sign the Parental Authorization section or cancel the license, not the caregiver.
The youth’s primary caseworker discusses, with the youth and the youth’s caregiver, the issues that led up to a driver license cancellation or withdrawal. The caseworker documents reasons for this action on the Contact Detail page in IMPACT. The caseworker signs and submits DPS Form DL-163 Withdrawal/Restoration of Authorization for Minor’s License to the DPS office to request cancellation of a youth’s driver license.
No Insurance
The youth’s primary caseworker or DFPS supervisor immediately submits DPS Form DL-163 to the DPS office to request cancellation of the youth’s driver license, if the caseworker or supervisor becomes aware of either of the following:
- There is a citation for no automobile insurance involving the youth.
- The youth drives and has no automobile insurance coverage.
Youth Who Run Away
For a youth under age 18 with a driver license that was obtained with DFPS staff as the parental signatory and who runs away, the youth’s primary caseworker or the DFPS supervisor fills out DPS Form DL-163 and waits 30 days from the date the youth ran away to submit it to the DPS office to request cancellation of the youth’s driver license.
Youth Who Are under Age 18 and Leaving DFPS
DFPS notifies a youth, before conservatorship is dismissed, that DFPS can no longer remain as the signatory for the driver license when all the following criteria are met:
- The youth is under age 18.
- The youth’s conservatorship case is dismissed.
- The youth has a driver license that was obtained with DFPS staff as the parental signatory.
The youth’s primary caseworker or supervisor submits DPS Form DL-163 to the DPS office immediately after the case is dismissed.
6454.3 State Identification (ID) Card
6454.31 Affidavit Requirements
CPS June 2022
Form 2042 DFPS Youth or Young Adult in Foster Care Residency Verification for a Driver License or State Identification Card Fee Waiver is valid for 30 days from the date of the signature of the form.
Conservatorship Affidavit - under Age 18
For all applicants under age 18, the primary caseworker or other DFPS staff at a caseworker level or above signs and dates the Signature section on the form to affirm the youth’s conservatorship status and DFPS caseworker office or placement address.
DFPS Placement Affidavit-Ages 18 to 21
For all applicants age 18-21, the primary caseworker or other DFPS staff at a caseworker level or above signs and dates the Signature section on the form to affirm the DFPS-paid foster care placement status and DFPS caseworker or placement address.
6455 Youth Enlisting in the Military
CPS October 2017
When a youth under the age of 18 in the conservatorship of DFPS wishes to enlist in the military, approval must be given by the following:
• Parents, unless parental rights have been terminated
• Guardian ad-litem
• Attorney ad-litem
• Regional director
• Court
The youth must have a complete medical assessment by the youth’s primary care physician before seeking approval to join the military.
Approvals must be in writing and a copy placed in the youth’s record.
6456 Marriage of Youth in Conservatorship
CPS October 2017
Youth who are 16 or 17 years old may not marry unless they have:
• the consent of a parent or other person designated by a court; or
• a court order authorizing the marriage.
A parent loses the right to consent to marriage when parental rights are terminated or when a court grants the right to consent to another person or entity.
When DFPS is appointed as the sole temporary or permanent managing conservator, DFPS automatically has the right to consent to the marriage unless the order granting DFPS managing conservatorship specifically:
• denies DFPS the right to consent; or
• grants the right to another person.
If consent is not obtained for a 16- or 17-year old youth, as described above, or the youth is under the age of 16, a court order is required before the youth can marry.
Texas Family Code §§2.101-103 and §153.371
If a 16- or 17-year-old youth who is in DFPS conservatorship asks to marry, the caseworker must consult with legal and notify the court.
The youth’s caseworker must review the court order granting managing conservatorship to DFPS to determine if there is anything in the order that limits DFPS’s right to consent to marriage on behalf of the youth (this would be uncommon).
If the court has not denied DFPS the right to consent or the court has not specifically granted the right to someone else, the youth’s caseworker must determine:
• whether the marriage is in the best interest of the youth; and
• if there is any possible impediment to the marriage (such as if the youth is already married to someone else).
If the caseworker concludes that the marriage is in the best interest of the youth and that there is no impediment to the marriage, the caseworker must inform the court of DFPS’s intent to consent before the marriage takes place.
If the caseworker concludes that it is not in the youth’s best interests for DFPS to consent to the marriage, the caseworker must inform the court of DFPS’s intent to withhold consent. The court may issue an order authorizing the youth to marry without DFPS consent.
If the youth obtains consent to marry from DFPS or from the court, the youth’s caseworker must encourage the youth’s parents and caregivers to be supportive of the marriage and participate in the planning of the wedding.
Exception: The caseworker does not ask a youth’s parent to participate if:
• the parent cannot be found;
• parental rights have been terminated;
• the parent has executed an affidavit of relinquishment, as specified in 5562 Voluntary Termination of Parental Rights; or
• the youth objects to the participation of the parent in the youth’s wedding.
Staff contact the regional attorney if there are questions regarding:
• annulment of a prior marriage or divorce; or
• DFPS’s right to consent to marriage, such as when:
• multiple conservators have been appointed, or
• DFPS has been appointed as possessory, rather than managing, conservator.
6457 Financial Responsibility
CPS May 2024
Opening a bank account and effectively managing money are important parts of learning financial responsibility. The Preparation for Adult Living (PAL) program teaches youth about financial management through its PAL Life Skills Training and other services. DFPS must provide youth with general information about banking opportunities and encourage youth to open a bank account when possible to help them build assets and achieve personal goals as part of their transition to a successful adulthood.
See:
1578 Personal Bank Accounts for Youth
6460 When a Child or Youth Is Missing from DFPS Conservatorship
CPS April 2021
Staff in Bexar, Dallas, Harris, Tarrant, and Travis counties, which participate in the Human Trafficking Response Protocol, use the Runaway/Missing Youth and Victims of Human Trafficking Protocol Resource Guide.
Staff in all other counties use the Locating Missing Children in CPS Conservatorship Resource Guide.
6461 Child or Youth Missing from Substitute Care Placement
CPS April 2021
DFPS categorizes a child or youth in DFPS conservatorship as missing if any of the following apply:
- The child or youth runs away.
- The child or youth is abducted by a known or unknown person.
- The child or youth is otherwise absent from care with no known location.
When a child or youth in DFPS conservatorship is missing, it is extremely important that the agency make every effort to quickly locate and ensure the safety of the child or youth.
6461.1 Notification Requirements When a Child or Youth Runs Away or Is Missing
CPS April 2021
If a child or youth in DFPS conservatorship runs away or is otherwise missing and his or her location is unknown, the caseworker or assigned on-call staff must notify all of the following:
- Supervisor.
- Law enforcement in the jurisdiction where the child went missing.
- National Center for Missing and Exploited Children (NCMEC) at the Report a Missing Child web portal for child welfare reports or the 24-hour call center: 1-800-THE-LOST (1-800-843-5678).
- The designated special investigator 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 caseworker or assigned on-call staff must notify all parties that the child is missing or has run away as described in 6151.3 Notification Requirements and Schedule.
Young Adults (18–20 Years Old) Missing from Extended Foster Care or Supervised Independent Living Placement
If DFPS discovers that a young adult in an Extended Foster Care or Supervised Independent Living placement is missing or suspected to have been abducted and the young adult’s location is unknown, the caseworker must notify all the following:
- Appropriate law enforcement officials in the jurisdiction where the young adult went missing.
- The National Center for Missing and Exploited Children (NCMEC) at the Report a Missing Child web portal or the 24-hour call center: 1-800-THE-LOST (1-800-843-5678).
The caseworker must provide the above notifications immediately or no later than 8 hours after learning the young adult’s location is unknown.
Victims of Labor or Sex Trafficking
The caseworker must inform local law enforcement immediately or no later than 8 hours after the caseworker identifies or suspects that a child, youth, or young adult who is 0–20 years old has become a victim of labor or sex trafficking.
6461.11 Runaway Prevention
CPS April 2021
Notifications
The caseworker must ensure that the child’s caregiver has been informed of the child’s history of running away.
DFPS defines a runaway incident as a type of unauthorized absence that meets the following criteria:
- The child left the placement on the child’s own accord and without permission from the caregiver.
- The child does not appear to intend to return and is unable to be located.
The caseworker must include runaway history in Form 2087 Application for Placement or Form 2087ex Alternative Application for Placement of Children in Residential Care, and Form 2279 Placement Summary.
Information provided to the caregiver must include:
- Past runaway information.
- Any known information about triggers that could lead to a runaway episode.
- Any known information about strategies to prevent runaway episodes that were effective in the past.
- Whether the child has a history of leaving the child’s placement without permission for short periods of time and then returning.
- Last date the child ran away.
- Any other important information related to the child’s history of running away.
If a child is placed with a relative or kinship caregiver, the caseworker must do the following:
- Inform the kinship development worker of the child’s history of running away.
- Provide the child’s caregiver a Runaway Prevention Tip Sheet.
The kinship development worker ensures that the caregiver has a copy of the Runway Prevention Tip Sheet and reviews the strategies to support the child with the caregiver.
See the Runaway Prevention Resource Guide.
Runaway Prevention Plan for Children in Substitute Care
A runaway prevention plan must be implemented when one or more of the following apply:
- The child has a history of running away, with the most recent episode being within the past six months.
- The child is a victim of human trafficking.
- The child recently verbalized a desire to run away.
The following people help develop the plan:
- The child.
- The child’s caregiver.
- The child’s caseworker.
- Other supportive people in the child’s life, such as relatives, teachers, mentors, CASA, Commercially Sexually Exploited Youth (CSEY) Advocate, and others as applicable
The plan should meet the following criteria:
- Be focused on the child.
- Be based on the child’s strengths.
- Be proactive in planning for action steps to take if the child does run away.
- Include alternatives for the child to use as an outlet instead of running away.
- Include a plan for the child’s safety and well-being.
- Explore reasons for past runaway episodes and triggers.
The plan must be evaluated monthly to determine if it needs to be updated or if the plan can be ended.
For children placed in contracted placements, the provider is responsible for developing the runaway prevention plan. When a child is placed in a non-contracted placement, such as a kinship home, FAD home, or other substitute care placement, the conservatorship caseworker is responsible for developing the plan.
The caseworker does the following:
- Puts a copy of the plan in the child’s or youth’s case file.
- Indicates whether the plan is currently implemented in the child’s or youth’s monthly evaluation.
- At least once a month, the caseworker must discuss the child’s or youth’s status and progress in meeting any conditions in the plan with all of the following people:
- The child or youth.
- The caregiver.
- Anyone else who helped develop the plan.
Contracted Placements
For a child or youth who is placed with a contracted residential provider, the provider does the following:
- Invites the caseworker to participate in the development of the runaway prevention plan.
- Provides a copy of the plan to the caseworker within 24 hours of implementation.
If the caseworker is not able to participate in the creation of the plan, the provider does not delay implementation of the plan, and the caseworker provides support for the plan through alternate means (such as by phone, email, or text messages). The provider evaluates the following on a monthly basis:
- Whether any updates to the plan are needed.
- Whether the plan should be continued based on the provider’s assessment of the child’s progress, the caregiver’s feedback, the caseworker’s recommendation and feedback from the other supportive people in the child’s life, as applicable.
Non-Contracted Placements
Within two business days of the caseworker learning that the child or youth is exhibiting behavior that warrants the use of a runaway prevention plan, the caseworker must initiate a meeting to create and implement the plan for a child or youth who is placed in any type of non-contracted placement, including the following:
- Kinship home
- FAD home
- Unauthorized placement
- Any other non-contracted placement
Everyone who participates in developing the plan does the following:
- Signs or acknowledges their agreement with the plan in writing.
- Receives a copy of the plan.
The caseworker evaluates the following each month:
- Whether any updates to the plan are needed.
- Whether the plan should continue to be active based on the caseworker’s assessment of the feedback from the child, caregiver, and other supportive people in the child’s life, as applicable.
6461.2 Other Initial Actions
CPS April 2021
Amber Alert
The Amber Alert Network was developed as a statewide emergency response system for abducted children. The network is designed to be activated in instances involving true child abductions.
If the caseworker believes that a child has unwillingly left the substitute care placement or has been removed by an unauthorized person, the caseworker requests that the child be placed on the Amber Alert System when making the report to local law enforcement. The local law enforcement officials will work with the Texas Department of Public Safety (DPS) to decide if Amber Alert criteria are met and will activate the Amber Alert Network, if appropriate.
Child Safety Check Alert List
When a child in DFPS conservatorship runs away or otherwise goes missing, the caseworker must request that local law enforcement file a missing person report with the National Crime Information Center (NCIC). If the appropriate law enforcement officials decline to file a missing person report on the missing child, the caseworker must, immediately following the event, notify the supervisor and the special investigator program director (SIPD). If immediate notification is not possible, the notifications must be made within eight hours.
The SIPD must request that DPS place the child and the family on the Child Safety Check Alert List (CSCAL).
For CSCAL procedures, see 3100 When a Child Who is With His or Her Family Cannot be Located.
Special Investigator Assignment
The special investigator (SI) is assigned as secondary to the SUB stage after notification from the SIPD.
No later than the next business day after being assigned to the case, the SI must follow up with the National Center for Missing and Exploited Children (NCMEC) at the 24-hour call center: 1-800-THE-LOST (1-800-843-5678).
6461.3 Ongoing Efforts to Recover
CPS April 2021
The caseworker must continue ongoing efforts to recover the child. The primary caseworker, at a minimum, coordinates efforts to locate the child and maintain monthly contacts with the assigned special investigator (SI).
Ongoing efforts may include at least monthly contacts, as applicable, with the following:
- National Center for Missing and Exploited Children (NCMEC).
- Appropriate law enforcement agencies.
- The child’s relatives.
- The child’s former caregivers.
- Any social service agency that may be providing services to the child.
The assigned SI must actively assist the caseworker in searching for the child until the child is found or the court dismisses conservatorship of the child.
The SI must remain in contact with law enforcement and the NCMEC, if applicable, weekly until the child is recovered.
6461.31 Documentation and Review
CPS April 2021
When DFPS receives notice that a child is missing, the assigned caseworker must enter the Missing Child Episode into IMPACT by doing the following:
- Enter information in all required fields on the Missing Child Detail page within 24 hours of notification.
- Complete Missing Child Detail page within 48 hours of receiving notification that the child is missing.
- Enter the National Crime Information Center (NCIC) case number on the Missing Child Detail page.
Until the child is recovered, the caseworker and assigned special investigator (SI) must document in IMPACT all efforts to recover the child.
The caseworker must include efforts to recover in the Contacts Performed and in the Contact Evaluation portions of the record, which are reviewed monthly by the supervisor. The caseworker and supervisor must meet at least quarterly with the program director and other appropriate staff members (as identified by the region) to determine whether sufficient efforts have been made to recover the child and whether other actions are needed.
6461.4 When a Child Who Is Missing Is Recovered
CPS April 2021
When DFPS receives information about a missing child’s possible location, the caseworker or special investigator (SI) must consult with his or her supervisors immediately. The supervisors determine the most appropriate course of action to assess the child’s safety and can determine the assigned SI’s level of involvement in the case.
If the caseworker is notified of the child’s recovery before the SI, the caseworker must inform the SI that the child has been recovered. The caseworker must report the child’s recovery to the regional director’s assistant.
If the child is on the Child Safety Check Alert List (CSCAL) when recovered, the special investigator program director (SIPD) must be informed immediately. The SIPD must then clear the CSCAL entry with DPS and IMPACT as indicated in policy 3116 Requesting a Family Be Removed from CSCAL.
Unless the child is being detained by law enforcement, the caseworker must make arrangements to place the child.
6461.5 Caseworker Actions When a Missing Child Returns to Care
CPS April 2021
If a child in DFPS’s managing conservatorship returns to substitute care after being reported to law enforcement as a runaway or missing, the child’s caseworker or assigned on-call staff must provide notice as described in 6151.3 Notification Requirements and Schedule.
The caseworker or the special investigator, whoever made first contact with the child, must interview the child to do the following:
- Determine the reasons the child ran away or was absent from care.
- Get information about the child’s experiences while absent from care.
- Screen to determine whether the child was a victim of abuse or neglect, or a victim of sex or labor trafficking, while absent from care.
If the interview identifies the child as a victim of a crime, including trafficking, the caseworker must immediately, but no later than 8 hours after the interview, report the situation to local law enforcement.
If the child is identified as a victim of abuse or neglect or trafficking, the caseworker must also notify Statewide Intake to make a report immediately, but no later than 8 hours upon becoming aware of this information.
If the caseworker completes the interview, the caseworker must share the information with the special investigator (SI), and if the SI completes the interview, the SI must share the information with the caseworker.
If the reasons the child ran away or was absent from care are revealed during the interview, the caseworker must, to the extent possible, address those factors in the child’s current and future placements.
When a missing child is recovered, the caseworker follows the regional practices for conducting a Youth Recovery Roundtable, also called a wraparound meeting, with the child. This meeting allows the child an opportunity to discuss the reasons for running away and to develop alternatives to running away in the future.
Notifications for Identified or Suspected Victims of Human Trafficking
The caseworker must inform local law enforcement immediately, but no later than 8 hours after, identifying or suspecting that a child, youth, or young adult (ages 0 – 20) has become or may become a victim of sex or labor trafficking.
6461.51 Documentation and Review
CPS April 2021
When a missing child is recovered, the caseworker must ensure the required child recovery information is documented. The caseworker does the following:
- Completes the initial required fields on the Child Recovery Detail page in IMPACT within 24 hours of the child’s recovery.
- Completes the Child Recovery Detail page in its entirety within seven days of the child’s recovery.
- Documents the child’s recovery information in a Contact Narrative in IMPACT, providing additional details of the missing event.
When a missing child or youth is recovered, the caseworker must screen to determine whether the child or youth was a victim of sex or labor trafficking during the absence and document the findings in IMPACT. Each Sex or Labor Trafficking event that is Suspected-Unconfirmed or Confirmed must be added to IMPACT as a trafficking record on the Trafficking Detail page.
See 6462 Confirmed or Suspected Victims of Human Trafficking for additional guidance on documentation requirements for victims of human trafficking.
6462 Confirmed or Suspected Victims of Human Trafficking
CPS April 2021
If a child in DFPS conservatorship is identified as a Confirmed or Suspected-Unconfirmed victim of trafficking, whether familial or non-familial, the caseworker must assess the child’s current service array and refer the child to appropriate services, as needed. Confirmed and Suspected-Unconfirmed victims of trafficking must be referred to the local Care Coordination Team (CCT), where local CCT is in operation. The caseworker must document the assessment and referrals in a case narrative. CCT referral is also documented in the Trafficking Service Referral Survey.
All needs and services identified for the child or youth must be addressed in the child’s plan of service.
Trafficking Service Referral Survey, services and resources can be found on the Human Trafficking and Child Exploitation page of the DFPS intranet.
42 U.S.C. 5106a(b)(2)(B)(xxiv)
Encountering a Victim of Human Trafficking
If any DFPS staff member has reason to believe that a child or youth in DFPS conservatorship has been a victim of trafficking, staff must screen to confirm.
If any DFPS staff member identifies that a child or youth is a Confirmed or Suspected-Unconfirmed victim of human trafficking, staff must report this to law enforcement immediately, but no later than 8 hours after learning of the information.
The caseworker must also make a report to Statewide Intake immediately, but no later than 8 hours upon becoming aware of this information.
The caseworker must work a joint investigation with the Special Investigation Division and must use the Child Advocacy Center’s (CAC) local Multi-Disciplinary Team (MDT) Protocols, when applicable.
Service Planning
When a child or youth has been identified as being a Confirmed or Suspected- Unconfirmed victim of human trafficking, DFPS staff must assess the child’s service array, including placement and community resources, and refer the child to appropriate services, as needed. Confirmed and Suspected-Unconfirmed victims of trafficking must be referred to local Care Coordination Team (CCT), where local CCT is in operation. DFPS staff must ensure that all appropriate services, supports, and resources identified for the child or youth are made available for his or her participation.
DFPS staff must ensure that the Child’s Plan of Service (CPOS) reflects all identified needs the child or youth may have because of their victimization.
The caseworker must document in the CPOS all services, supports, and resources that are appropriate for meeting the child or youth’s needs, and which of these services were accessed and provided.
When updating the child or youth’s Application for Placement, the primary caseworker must address the placement and service needs of the child or youth related to his or her history of human trafficking victimization.
Services and resources can be found on the Human Trafficking and Child Exploitation page of the DFPS intranet. See 6241 The Child’s Plan of Service (CPOS).
Documenting Human Trafficking Victimization in IMPACT
The caseworker must enter into IMPACT each Sex or Labor Trafficking event that is Suspected-Unconfirmed or Confirmed as a trafficking record on the Trafficking Detail page within 48 hours of making the assessment or receiving notification.
A trafficking event is Suspected-Unconfirmed when specific information regarding the child or youth and the surrounding circumstances creates a reasonable belief that the child or youth has been trafficked. Note: A runaway episode, in and of itself, is not equal to Suspected-Unconfirmed.
A trafficking event is Confirmed when evidence supports the conclusion that the child or youth has been trafficked. Note: The supporting evidence must be more than just an allegation or suspicion and does not have to be a direct outcry from the child or youth.
Each trafficking event should only have one entry on the Trafficking Detail page, unless a Suspected-Unconfirmed event is later confirmed, in which case there would be both a Suspected-Unconfirmed and a Confirmed event listed.
The caseworker must also document all Confirmed or Suspected-Unconfirmed trafficking events in the case narrative and the monthly evaluations in IMPACT.
The caseworker must ensure that this documentation also includes services and supports provided to the child or youth to address his or her individual needs and circumstances, including his or her history of human trafficking victimization.
Services and resources can be found on the Human Trafficking and Child Exploitation page of the DFPS intranet.
6470 When a Child Travels
CPS February 2017
The table in 6471.1 In-State Travel Approval summarizes CPS policy and procedure on traveling with a child in CPS conservatorship.
6471 Approvals Required for Travel
6471.1 In-State Travel Approval
CPS August 2017
| Type of Travel |
Approval Required |
CPS Staff Must |
|---|---|---|
• Routine • Fewer than 48 hours away from facility or home |
No |
Not take action |
More than 72 hours with the caregiver, away from facility or home |
Written approval by the caseworker or the caseworker’s supervisor |
• Determine the appropriateness of the travel • Provide written documentation, if the travel is approved |
More than 48 hours with a person who is not a caregiver or relative |
Written approval by the caseworker or the caseworker’s supervisor |
• Determine the appropriateness of the travel • Provide written documentation, if the travel is approved |
6471.2 Out-of-State Travel Approval
CPS August 2017
| Type of Travel |
Approval Required |
CPS Staff Must |
|---|---|---|
Outside of Texas: Bordering States |
• If less than 72 hours, caregiver is not required to obtain caseworker approval. Caregiver must notify the caseworker of the travel by text, phone or email This allows for participation in normalcy activities with school, caregivers, and other extracurricular activities • If more than 72 hours, caseworker or supervisor approval required |
Document travel in case file |
Outside of Texas |
• Caseworker or supervisor approval • Notice to the court, or the court's written approval if the court that has jurisdiction over the case requires it, or both |
• Determine the appropriateness of the travel • Notify the court about the plans to travel, or request court approval, as appropriate |
Outside of the U.S. |
• CPS State Office approval review • Court approval |
Follow steps outlined in 6474.1 Requesting Court Approval |
6472 Transporting a Child by Vehicle
CPS April 2022
When staff transports a child by vehicle, the child must be properly secured by a seat belt, according to Texas law governing passenger safety for children.
Before using a car seat, staff transporting the child must ensure that the car seat meets all of the following requirements:
- Is in good working condition.
- The current date is not after the expiration date on the car seat.
- Has not been recalled for a defect or safety reason.
- Is properly installed in the vehicle.
Staff does not transport the child in a car seat that does not meet these requirements.
If a vehicle has child car door locks on the rear doors, the locks must be engaged and in the lock position.
Staff must follow Texas Transportation Code §545.412 for the age and height requirements for a child to be secured in a car seat.
More information about safely transporting a child is available through the Texas Department of State Health Services’ Safe Riders Child Passenger Safety Program.
6473 Transporting a Child by Airplane
CPS April 2022
The following must occur before transporting a child by airplane:
- The primary caseworker must complete a travel authorization (TA) in eTravel.
- The supervisor and program director or designee must approve the TA.
Each child must have his or her own ticket.
Staff must use a car seat on a plane when transporting a child who is younger than two years old. The child must remain in the car seat during takeoff, during landing, and at any other time when the airline requires passengers to fasten their seat belts.
More information is available on the Federal Aviation Administration’s Flying with Children webpage.
6474 When a Child Travels Outside of the U.S.
CPS February 2017
When a caregiver wants to travel internationally (outside the U.S.) with a child in CPS conservatorship, a court must approve the travel and both the caregiver and CPS staff must follow the specific steps described in 6474.1 Requesting Court Approval.
Domestic-bound cruises use international waterways and require the same steps for those traveling to international destinations.
6474.1 Requesting Court Approval
CPS February 2017
Before traveling outside of the U.S. with a child who is in CPS conservatorship, CPS must file a motion with the court to request approval.
Texas Family Code, §264.122
Caseworker Responsibilities
When the caseworker receives a completed Form 2069 Caregiver Declaration Regarding Out-of-Country Travel Form from the caregiver, the caseworker must:
1. use the U.S. Department of State website to research the specific destination for conditions abroad that may affect safety and security. The caseworker must pay special attention to:
• travel alerts,
• travel warnings,
• recent embassy notices,
• threats to safety and security, and
• medical facilities and health information;
2. asks the DFPS Travel Department whether CPS has any restrictions for travel to the specific country (or countries). If so, the caseworker checks with CPS state office to see if this applies to children in CPS conservatorship;
3. considers the child’s health issues, if any;
4. consults with the regional immigration attorney if the child is not a U.S. citizen, to assess the impact of the travel on the child’s immigration status;
5. determines if there a risk for an international custody dispute given the parent’s and child’s circumstances. If so, the caseworker must staff the travel request with the regional attorney before submitting a motion to the court;
6. reviews the request to travel out-of-country with the supervisor to determine whether CPS recommends:
• approval of the proposed trip, or
• denial of the proposed trip;
7. submits, through regional management, a DFPS action memo packet to the CPS assistant commissioner for approval. The DFPS action memo for out-of-country travel includes:
• the purpose of the trip,
• a background or summary,
• discussion on the research conducted for the planned destination and if there are safety, immigration or health concerns for the individual child, and
• CPS staff’s recommendation for the assistant commissioner’s approval;
8. completes, upon receiving the assistant commissioner’s action memo response, the DFPS statement at the bottom of the Form 2069 Caregiver Declaration Regarding Out-of-Country Travel, and indicates whether CPS supports or opposes the proposed travel; and
9. coordinates with the attorney representing CPS to submit the request for court approval before the child travels, whether CPS supports or opposes the proposed travel.
For additional guidelines and information, see the When a Child or Youth in CPS Conservatorship Travels Resource Guide.
6480 Email, Internet, and Social Media Use by Children and Youth in Foster Care
6481 Online Privacy Expectations of Children and Youth in Foster Care
CPS February 2017
The caseworker should inform the caregiver and the foster child, youth, or young adult that information posted or shared with others on the Internet or through email is not private. Even with privacy settings, other people may be able to view this information. The caseworker should explain that the individual should take caution when providing any personal information via email or on the Internet or social networking sites.
6482 Use of Digital Services by Children in DFPS Conservatorship
CPS October 2024
DFPS must designate the caregiver of a child in DFPS conservatorship to perform the functions of the child’s parent or guardian (“verified parent”) under Chapter 509 Use of Digital Services by Minors of the Texas Business and Commerce Code. If the child’s caregiver is unable to perform these functions, DFPS may designate a staff member as a verified parent.
Chapter 509 governs the use of certain digital services (such as social media) and the rights that a verified parent has to supervise the child’s use of the digital service.
Decision-making by the child’s caregiver and use of a digital service are considered normalcy activities. See 6241.1 Basic Description and Content of the Child’s Plan of Service.
Texas Business and Commerce Code §509.104
6490 If a Child Dies While in Substitute Care
6491 Immediate Notification Requirements When a Child Dies
CPS February 2017
When a child dies while in substitute care, the conservatorship caseworker must notify all parties as described in 6151.3 Notification Requirements and Schedule.
6492 Making Funeral Arrangements
CPS February 2017
CPS will arrange a funeral for:
• any child or youth who dies while in CPS managing conservatorship; or
• any young adult, age 18 or older, who dies in extended foster care.
Funeral arrangements include burial or cremation as specified in 8512 Funeral and Burial Services for Children in DFPS Conservatorship. Children or youth placed with relatives or in the birth home at the time of death are eligible for financial assistance for funeral arrangements if CPS was the managing conservator.
To ensure proper arrangements are made, the caseworker must complete the following steps in the order outlined:
6492.1 Inquire About Children’s Funds
6492.2 Involve Biological Parents
6492.3 Involve Foster Parents and Other Significant Individuals
6492.4 Involve Community Partners
6492.5 Access CPS Funding
6492.1 Inquire About Children’s Funds
CPS April 2021
The caseworker must check with the regional Supplemental Security Income (SSI) coordinator to determine whether CPS is aware of any funds for the child that can be used for funeral expenses after the child dies. The SSI coordinator consults with the CPS Federal and State Support division in state office to determine if the child’s funds can be used for funeral expenses.
See 1562.4 Handling Deceased Child’s Income.
6492.2 Involve Biological Parents
CPS February 2017
The caseworker should involve the child’s biological parents in the funeral arrangements to the maximum extent possible, even if parental rights have been terminated, if the caseworker determines doing so is appropriate. For example, parental involvement:
• may not be appropriate if rights have been terminated and the child was in a pre-consummated adoptive placement; or
• could be appropriate if a parent has remained in contact and the child was in a placement not intended to be permanent.
Regardless of legal status, a parent may wish to help with arrangements, express preferences, and contribute resources to cover the costs of a child’s funeral. The caseworker may not ask the biological parents to pay for all or some of the funeral expenses. However, parents may contribute directly to the funeral home if they so choose.
The caseworker must document in the child’s case record the:
• date the caseworker spoke with the parents;
• content of the discussions;
• outcome; and
• date the parents responded.
6492.3 Involve Foster Parents and Other Significant Individuals
CPS February 2017
The caseworker should also invite foster parents and other individuals significant to the child’s life to participate in planning the child’s funeral arrangements. The caseworker does not solicit contributions from foster parents and other significant individuals. However, if they voluntarily indicate that they wish to contribute to some of the funeral expenses, they may do so by paying the funeral home or other vendor directly.
6492.4 Involve Community Partners
CPS February 2017
The external community is often a key partner in securing funeral arrangements for a child who died while in CPS conservatorship. When a community partner expresses a desire to assist with funeral arrangements, CPS coordinates with those partners. CPS is legally authorized to accept donations, gifts, or in-kind contributions to cover funeral expenses.
6492.5 Access CPS Funding
CPS February 2017
If resources are not available to fully fund the cost of a funeral for a child who died while in conservatorship, the caseworker may authorize up to $4,500 per child for reasonable and necessary burial or cremation expenses. The caseworker must contact the regional burial liaison, who is usually a contract manager, to make the request for funds. If the caseworker determines funding in addition to the $4,500 is needed for the child’s funeral, the CPS region must seek approval for additional funding from the CPS Assistant Commissioner. Additional funds may be expended to cover the funeral costs as described in 8512 Funeral and Burial Services for Children in DFPS Conservatorship.