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6800 Special Circumstances

6810 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance

CPS February 2017

A child may qualify for treatment through DSHS when it is determined that the child:

  •  has a severe emotional disturbance; and

  •  the parents’ refusal to allow a child to remain in or return to the child’s home is based solely on the parents’ inability to obtain mental health services for the child.

For additional information, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.

6811 Discussing the Option of Joint Temporary Managing Conservatorship

CPS February 2017

If CPS removal appears necessary, the investigation caseworker must discuss with the parent the option of asking the court to appoint CPS and the parent to be Joint Temporary Managing Conservators (JMC) of the child, unless CPS determines it would not be in the best interests of the child to have joint conservatorship.

The investigation caseworker must also discuss the option with the parent in post adoption conservatorship services under 6961 Post Adoption Substitute Care Services, if the child was adopted from CPS.

6811.1 Determination of Joint Temporary Managing Conservatorship

CPS February 2017

The caseworker must not discuss joint temporary managing conservatorship of the child with the parents until the supervisor and program director have approved:

  •  the removal of the child; and

  •  the caseworker going forward with a discussion of joint temporary managing conservatorship with the parents.

If CPS makes a decision to discuss joint temporary managing conservatorship with the parents, and a parent is interested, the caseworker must discuss with the county or district attorney whether to include this request in the petition.

If the county or district attorney declines to file for CPS-parent joint temporary managing conservatorship, the caseworker must staff the case with the regional attorney.

6811.2 Documenting the Discussion

CPS February 2017

The caseworker must document the following in the narrative in the family substitute care stage (FSU) stage in IMPACT whether:

  •   joint temporary managing conservatorship was discussed with the parent; and

  •   the parent wanted joint temporary managing conservatorship, and if not, why not.

6820 CPS Youth and Municipal or County Courts and the Juvenile and Criminal Justice Systems

CPS June 2020

  • Municipal or county courts usually handle Class C Misdemeanors involving tickets and fines, which can include youth younger than age 17.
  • The juvenile justice system handles the following types of conduct committed by youth 10–16 years old:  
    • Delinquent conduct, which is defined as conduct that, if committed by an adult, could result in imprisonment or confinement in jail.
    • Conduct indicating a need for supervision, which is defined as conduct that, if committed by an adult, could result in only a fine or would not even be considered a violation of the law (for example, truancy or running away from home). It is referred to as a CINS violation.
  • The adult criminal justice system handles criminal violations for youth 17 and older, or younger youth (14–16 years old) who are transferred to district court or criminal district court for criminal proceedings.

Youth Who Are Not U.S. Citizens

If a youth is not a U.S. citizen, a ticket, juvenile adjudication, or criminal charge may complicate efforts to obtain legal immigration status or may jeopardize permanent resident status. If the youth is not a U.S. citizen, staff must always inform the following people to minimize any immigration consequences:

  • The DFPS regional attorney.
  • The youth’s attorney ad litem.
  • Any attorney appointed to handle the charges.

6821 CPS Youth with Tickets and Fines Involving Municipal or County Courts

CPS April 2022

If a caseworker learns that a CPS youth has received a ticket from a municipal or county court, the caseworker must do all of the following:

  • Request a copy of the ticket.
  • Inform and consult with the youth’s attorney ad litem, guardian ad litem, and court appointed special advocate (CASA).
  • Consult with the regional attorney.
  • Consult with the CPS regional juvenile justice liaison, as necessary.
  • Accompany (or arrange for a DFPS staff member to accompany) the youth to court.

The caseworker ensures that the youth consults with the youth’s attorney ad litem, guardian ad litem, and CASA. The caseworker must never advise the youth regarding a plea.

In all cases, the caseworker must remind the court and others that Texas Code of Criminal Procedure Article 45.041(b-6) prohibits justices of the peace and municipal court judges from imposing fines and court costs on a youth in DFPS conservatorship or a young adult in extended foster care.

Instead of paying fines and costs, the court may require the youth or young adult to perform community service. The court can consider the following as community service:

  • A work and job skills training program.
  • A GED course.
  • An alcohol or drug abuse program.
  • A rehabilitation program.
  • A counseling or self-improvement program.
  • A mentoring program.
  • Any other activity similar to those listed above.

A youth or young adult can also perform community service through any of the following:

  • A governmental entity.,
  • An educational institution.
  • A nonprofit organization or other organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the court.

The entity must agree to supervise the youth or young adult and report on his or her community service to the court.

If the case is a traffic ticket, the caseworker must inquire whether the youth can take a defensive driving course to have the case dismissed. This helps the current case that is before the court and improves the youth’s driving record.

Youth's Permanent Record

A Class C misdemeanor can be a charge such as theft or assault, which if on the youth’s record can hinder his or her ability to obtain employment. If the youth pleads guilty to a Class C charge, it goes on his or her record as a conviction regardless of whether she or he is under age 17. Therefore, it is important for the caseworker to work with the attorney ad litem, guardian ad litem, and CASA to ensure the charge is resolved without affecting the youth’s record.

For additional information, see Tickets and Fines in City/Municipal and County Courts in the Juvenile Justice Resource Guide.

6822 CPS Youth and Juvenile Justice

CPS March 2018

When a youth in CPS conservatorship becomes involved with the juvenile justice system, CPS does not relinquish conservatorship. All the regular casework activity continues. A referral for a Local Permanency specialist may be needed. The caseworker must provide notice to all parties as described in 6151.3 Notification Requirements and Schedule.

The youth’s caseworker works cooperatively with law enforcement, juvenile justice officials, and the youth’s caregiver to plan appropriately for the youth. A youth placed in CPS conservatorship and who is also involved with the juvenile justice system needs coordinated and cooperative services from both systems. Staff should contact the CPS regional juvenile justice liaisons for assistance as needed.

The circumstances under which a youth in CPS conservatorship may become involved with the juvenile justice system include the following:

  •  a brief or extended detainment in a county juvenile detention center before an adjudication hearing on charges;

  •  a deferred adjudication situation under the supervision of the juvenile probation department in which completion of the program can result in a dismissal of the charges;

  •  adjudication and placement in the custody or probation of a local or county juvenile probation department (JPD); or

  •  adjudication and placement in the custody or parole of the Texas Juvenile Justice Department (TJJD).

For more information about juvenile justice and contacts, see the Juvenile Justice section of the CPS Intranet.

Representation

When a person under the age of 17 has been charged with a misdemeanor or felony offense as a juvenile, the caseworker must contact:

  •  the assistant district attorney or CPS attorney that represents DFPS in the CPS case;

  •  the regional attorney; and

  •  the child’s attorney ad litem, guardian ad litem and CASA worker.

See the Juvenile Justice Resource Guide for a description of offenses.

Caseworkers must never counsel the youth to accept an adjudication or any other type of plea, including a revocation of the youth’s probation. The criminal defense attorney counsels the youth as to whether to accept or decline any offer made by the juvenile prosecutor’s office. If the court has not appointed a criminal defense attorney for the youth, the caseworker must ensure that an Application Requesting Appointment of Counsel or a petition for a determination of indigence is filed with the juvenile court. See the Juvenile Justice Resource Guide for more information.

Usually when a youth receives a Class C charge a criminal defense attorney will not be appointed to the case. If the youth already has a criminal defense attorney for other charges, the caseworker must immediately notify the defense attorney about the Class C misdemeanor. If the criminal attorney will not handle the youth’s Class C misdemeanor, the caseworker must consult with the regional attorney, youth’s attorney ad litem, and guardian ad litem.

6822.1 Detention Before an Adjudication (Court Decision) Hearing

CPS March 2019

A youth in CPS care can be held briefly in a local or county juvenile detention center before a hearing at which a court will decide the youth’s case. The caseworker works with the juvenile detention staff to do one of the following:

  •  Pick up the youth and bring him or her to a new or current CPS living arrangement.

  •  Prepare for the 10-day detention hearing while waiting for the next hearing, at which the court will decide the youth’s case.

If the youth is held overnight in a juvenile detention facility, the caseworker notifies the regional juvenile detention center placement (JDCP) coordinator. See the list of regional JDCP coordinators.

The regional JDCP coordinator then notifies state office by email (DFPS FC-ADO Medicaid Exceptions), so that staff at state office can suspend the youth’s Medicaid. This is necessary because federal law prohibits the use of Medicaid funds when a youth is in a locked facility.

A locked facility is a place designed to prevent the youth from leaving for reasons other than the youth’s safety. This facility is usually a city or county jail or a detention center of a juvenile probation department.

When authorities release the youth or move him or her out of the juvenile detention facility, the caseworker notifies the regional JDCP coordinator. This allows the regional JDCP coordinator to end his or her recordkeeping for the case.

See the Juvenile Justice Resource Guide.

6822.11 Documenting Living Arrangement in IMPACT

CPS March 2019

If the Youth Will Return to the Previous Living Arrangement

The caseworker does not enter in IMPACT that a youth is in a detention center if both of the following apply:

  •  The youth will return to the same foster home after leaving the detention center.

  •  CPS has agreed to continue making payments during the youth’s absence to hold the bed (that is, to make sure the youth’s space will still be available when the youth returns).

In this situation, CPS staff members follow the policy for temporary absences, as follows:

  •  1537 Foster Care Payments During Absences From Foster Care Placements.

  •  4280 Temporary Absence from Paid Placement. 

If the Youth Will Not Return to the Previous Living Arrangement

The caseworker ends the previous Placement code in IMPACT and records that the youth is in a detention center if both of the following apply:

  •  The youth will not return to the same foster home.

  •  CPS is not making payments during the youth’s absence to hold the bed.

For information on how to document this situation, see the Juvenile Justice Resource Guide.

6822.12 Legal Status and Legal Action in IMPACT

CPS March 2018

For pre-adjudication situations, there is no new entry for IMPACT’s Legal Status.

Under Legal Action, the only entry staff would make would be to record the 10-day detention hearings under Legal Actions Special Orders: Other, and explain in Comments.

6822.13 Providing Medical Care

CPS March 2019

Local and county juvenile probation departments (JPDs) that run juvenile detention centers have asked parents to pay for a youth’s medical expenses while the youth is in detention waiting for trial.

For a youth in CPS care, Medicaid ends when he or she is held overnight or longer in such a facility.

CPS staff members follow the policy in 6822.31 Medical Care for a Youth in JPD Custody or on JPD Probation and consult the regional well-being specialist.

6822.2 Adjudication Hearing

CPS March 2018

The caseworker works with the juvenile detention staff to prepare for and attend the adjudication hearing.

6822.3 When a Youth Is in Juvenile Probation Department (JPD) Custody or on JPD Probation

CPS March 2019

If a court decides a case regarding a youth in CPS care and places the youth in the custody of a JPD or on probation, the caseworker does as follows:

  •  Continues to perform case management responsibilities, as outlined in 6400 Services to Children in Substitute Care.

  •  Consults the CPS regional juvenile justice liaison as needed.

See the Juvenile Justice Resource Guide or the Juvenile Justice section of the CPS intranet.

Documenting in IMPACT

If a court makes a decision about a youth at a juvenile hearing, the caseworker records the hearing information and outcome in IMPACT under Legal Action.

If the JPD remains responsible for the youth, the caseworker records this situation in IMPACT as discussed in the Juvenile Justice Resource Guide.

If authorities place the youth on probation but release him or her back to CPS, the caseworker does as follows:

  •  Notifies the regional juvenile justice liaison for tracking purposes.

  •  Makes sure that the CPS living arrangement shows in IMPACT.

6822.31 Medical Care for a Youth in JPD Custody or on JPD Probation

CPS March 2019

JPD Custody

If a court assigns a youth in CPS care to the custody of a local or county JPD, the county is responsible for providing the youth’s medical and dental care. However, some counties only provide annual exams and emergency care.

Federal law prohibits the use of Medicaid funds when a youth is in a locked facility.

A locked facility is a place designed to prevent the youth from leaving for reasons other than the youth’s safety. This facility is usually a city or county jail or a detention center of a juvenile probation department.

The caseworker works with the assigned worker from the juvenile facility to make sure that the youth receives the medical care that he or she needs. If the youth has medical needs that the JPD refuses to cover, the caseworker refers to the Juvenile Justice Resource Guide.

If the JPD places the youth in a JPD-contracted facility (that is, in a facility not designed to prevent the youth from leaving), the JPD requires the facility to apply for Medicaid to provide for the youth’s medical needs. This Medicaid coverage is not through the Star Health plan.

As specific problems develop related to medical care, the caseworker also consults with the regional CPS juvenile justice liaison and well-being specialist.

JPD Probation

When authorities place a youth on probation and CPS again has responsibility for finding a suitable living arrangement for him or her, the youth is again eligible for Medicaid based on his or her foster care status. This is based on the living arrangement shown in IMPACT.

6822.32 Serving as Medical Consenter

CPS March 2018

When a youth in CPS conservatorship is placed in the custody of a local or county juvenile probation department (JPD), the youth’s caseworker must continue to follow the CPS medical consent policy. See 11100 Medical Consent.

When the court designates CPS as the medical consenter, CPS maintains the designation of medical consenter; the designation does not transfer to the local or county JPD. Similar to when a youth in CPS conservatorship is placed in residential treatment centers (RTCs), CPS caseworkers must be available to participate in medical activities when necessary. When the CPS caseworker is the medical consenter and a new CPS caseworker is assigned, the new CPS caseworker must complete a new 2085B and follow the policy noted in 11117 Changing Medical Consenter and Backup Consenter.

6822.4 Coordinated Service Planning
6822.41 Contact Information

CPS March 2018

In the local or county juvenile probation department (JPD) system, a different case manager is assigned when a youth is moved from one JPD facility to another or is placed on probation. The youth’s CPS caseworker must maintain up-to-date contact information on the assigned JPD case manager/probation officer and likewise provide the JPD case manager or probation officer with up-to-date contact information for the CPS caseworker and supervisor.

6822.42 CPS and JPD Casework

CPS March 2018

During this period, juvenile probation department (JPD) staff and CPS staff both have casework responsibilities regarding the youth. CPS staff makes efforts with JPD staff to coordinate planning and the provision of services. This includes attending and participating together in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.

The caseworker consults with the CPS regional juvenile justice liaison as needed on these issues.

6822.43 Juvenile Record Requests with JPDs

CPS March 2018

CPS caseworkers can request information from a Texas juvenile probation department about a CPS youth who is or has been in the custody or control of the juvenile probation department.

Similarly, the Texas juvenile probation department can request information from DFPS regarding an open or closed case situation, as noted in 1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies. Requests regarding open cases will be referred to the assigned caseworker.

See the Juvenile Justice Resource Guide under Record Sharing Procedures.

6822.5 Court Hearings
6822.51 Permanency Hearings

CPS March 2018

A youth in juvenile probation custody or on probation must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused by the court.

The youth may attend the hearings in person, or if allowed by the court, by telephone or videoconference.

Texas Family Code §263.302

6822.6 Addressing Other Juvenile Probation-Related Issues

CPS March 2018

When CPS youth are in juvenile probation department placements, they remain eligible for CPS services such as service and transition planning, Circles of Support, PAL information, etc. How these are provided will depend on the setting.

If there are other problems or issues related to a youth’s placement in juvenile probation department (JPD) custody or on probation, the youth’s caseworker contacts the CPS regional juvenile justice liaison for assistance.

For additional information on available services, see the Juvenile Justice Resource Guide.

Extended Foster Care, Extended Court Oversight, and Return to Care

A youth in DFPS conservatorship who turns 18 years of age in JPD custody or while on probation is eligible to:

  •  request Extended Foster Care (before aging-out of care);

  •  have a trial independence period from DFPS care with extended DFPS court oversight; or

  •  return for Extended Foster Care (after aging-out of care).

See 10000 Services to Older Youth in Care.

6823 When a Youth Is in Texas Juvenile Justice Department (TJJD) Custody in a Secure Facility or on TJJD Parole

CPS March 2019

When authorities place a youth who is in CPS care into TJJD custody or on TJJD parole, the caseworker does as follows:

  •  Continues to perform case management responsibilities, as outlined in 6400 Services to Children in Substitute Care.

  •  Consults the CPS regional juvenile justice liaison as needed.

See the Juvenile Justice Resource Guide or the Juvenile Justice section of the CPS intranet.

Documenting in IMPACT

When a court decides a case regarding a youth and gives TJJD responsibility for the youth, the caseworker records the hearing, the outcome, and TJJD involvement under Legal Action in IMPACT. The caseworker updates IMPACT to show the TJJD living arrangement. See the Juvenile Justice Resource Guide.

6823.1 General Procedures When Youth Are Committed to the TJJD Secure Facility Program

CPS March 2018

When a court commits a youth in CPS conservatorship to the custody of the Texas Juvenile Justice Department (TJJD) for violating a Texas law punishable by a prison or jail sentence, the following occurs:

  •  The CPS caseworker must contact the CPS regional Juvenile Justice liaison to discuss appropriate procedures.

  •  The CPS case remains open. The court may not dismiss the case if in permanent status, unless:

  •  the youth turns 18, doesn’t sign Form 2540 Voluntary Extended Foster Care Agreement, and the trial independence period has ended;

  •  the youth becomes adopted; or

  •  an individual is granted permanent managing conservatorship of the youth.

  •  CPS retains conservatorship and all of the standard responsibilities of conservatorship, including:

  •  holding monthly face-to-face visits and making other contact with the youth;

  •  ensuring that the youth receives appropriate services; and

  •  developing a transition plan for the youth.

As the youth’s conservator, CPS is granted the parental rights identified in the TJJD Parents’ Bill of Rights.

6823.2 Medical Care for a Youth in TJJD Custody or on TJJD Parole

CPS March 2019

TJJD Custody

If authorities place a youth who is in CPS care into TJJD custody, TJJD is responsible for arranging for the youth to receive medical and dental care. The caseworker works with the assigned TJJD worker to make sure that the youth receives the medical care that he or she needs. If the youth has medical needs that TJJD refuses to cover, the caseworker refers to the Juvenile Justice Resource Guide.

If the youth is in a secure TJJD institution or a halfway house that is not entitled to receive Title IV-E funding, the youth’s eligibility specialist makes sure that the youth’s foster care payments and Medicaid are suspended.

If TJJD later places the youth in a TJJD-contracted facility (that is, in a facility not designed to prevent the youth from leaving), TJJD requires the facility to apply for Medicaid to provide for the youth’s medical needs. This is standard Medicaid, not Medicaid provided through the Star Health plan.

TJJD Parole

When authorities place a youth on TJJD parole and CPS has kept conservatorship throughout the period of parole, the following happens:

  •  CPS is responsible for finding a suitable living arrangement for the youth again.

  •  The youth is again eligible for Medicaid based on his or her foster care status.

As CPS staff members learn of specific issues related to medical payments, they also consult with the regional CPS juvenile justice liaison and well-being specialist.

Medical Consenter

When authorities place a youth who is in CPS care into TJJD custody, the youth’s caseworker continues to follow the DFPS medical consent policy. See 11100 Medical Consent.

In cases where the court has designated DFPS as the medical consenter, the following happens:

  •  DFPS keeps the designation of medical consenter.

  •  The designation of medical consenter does not transfer to TJJD.

  •  A CPS caseworker remains available to participate in medical activities when necessary. (This is similar to what happens when a youth in CPS care is in a residential treatment center.)

When the CPS caseworker is the medical consenter and CPS assigns a new caseworker, the new caseworker does as follows:

  •  Completes a new Form 2085B Designation of Medical Consenters.

  •  Follows the policy in 11117 Changing Medical Consenter and Backup Consenter.

6823.3 Coordinated Service Planning
6823.31 Contact Information

CPS March 2018

In the local or county Texas Juvenile Justice Department (TJJD) system, a different case manager is assigned when a youth is moved from one TJJD facility to another or is placed on probation. The youth’s CPS caseworker must maintain up-to-date contact information on the assigned TJJD case manager or probation officer and likewise provide the TJJD case manager/probation officer with up-to-date contact information for the CPS caseworker and supervisor.

6823.32 CPS and TJJD Casework

CPS March 2018

During the time a youth is moved from one Texas Juvenile Justice Department (TJJD) facility to another or is placed on probation, TJJD staff and CPS staff both have casework responsibilities regarding the youth. CPS staff makes efforts with TJJD staff to coordinate planning and the provision of services. This includes attending and participating together in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.

The caseworker consults with the CPS regional juvenile justice liaison as needed on these issues.

For specific procedures that have been developed with TJJD, see TJJD CPS Procedures.

6823.33 Juvenile Record Requests with TJJD

CPS March 2018

CPS caseworkers can request information from the Texas Juvenile Justice Department about a CPS youth who is or has been in the custody or control of the Texas Juvenile Justice Department.

Similarly, the Texas Juvenile Justice Department can request information from DFPS regarding an open or closed case situation, as noted in 1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies. Requests regarding open cases will be referred to the assigned caseworker.

See the Juvenile Justice Resource Guide under Record Sharing Procedures.

6823.4 Permanency Hearings

CPS March 2018

Thirty days before a youth’s permanency hearing before final order or permanency hearing after final order, the CPS caseworker must send Form 2904 TJJD Court Review Hearing Notification to the following:

  •  the Texas Juvenile Justice Department (TJJD) caseworker;

  •  the appropriate TJJD administrator:

  •  the superintendent in the case of a TJJD institution or halfway house;

  •  a quality assurance administrator in the case of a TJJD contracted placement; or

  •  a parole supervisor or administrator in the case of TJJD Parole;

  •  the TJJD state office liaison; and

  •  the CPS regional Juvenile Justice liaison.

The CPS caseworker must confirm by e-mail or phone that the TJJD caseworker has received the notice. If the caseworker is unable to confirm receipt with the TJJD caseworker, the caseworker must confirm with the TJJD superintendent, QA administrator, or TJJD parole supervisor. The TJJD should send the CPS caseworker information to use in preparing the Permanency Court Report. See the Juvenile Justice Resource Guide.

Upon receipt of the TJJD report and other information obtained, the youth’s CPS caseworker must complete the Permanency Court Report and send a copy to the required parties and the court no later than the 10th day before the date of the permanency hearing.

Texas Family Code §§263.303(a); 263.502(a)

6823.41 Attendance at Permanency Hearings

CPS March 2018

A youth in Texas Juvenile Justice Department (TJJD) custody in a secure facility or on TJJD parole must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused.

The youth may attend the hearings in person, or if allowed by the court, by telephone or videoconference.

Texas Family Code §263.302

6823.5 Addressing Other TJJD-Related Issues

CPS March 2018

When CPS youth are in TJJD placements, they remain eligible for CPS services such as service and transition planning, Circles of Support, PAL information, etc. How these are provided will depend on the setting.

If there are other problems or issues related to a youth’s placement in TJJD custody or on TJJD parole, the youth’s caseworker contacts the CPS regional Juvenile Justice liaison for assistance.

For additional information on available services, see the Juvenile Justice Resource Guide.

Extended Foster Care, Extended Court Oversight, and Return to Care

A youth in DFPS conservatorship who turns 18 years of age in Texas Juvenile Justice Department (TJJD) custody or while on TJJD parole is eligible to:

  •  request Extended Foster Care (before aging-out of care);

  •  have a trial independence period from DFPS care with extended DFPS court oversight; or

  •  return for Extended Foster Care (after aging-out of care).

See 10000 Services to Older Youth in Care.

6824 CPS Youth and Young Adults and the Adult Criminal Justice System

CPS March 2018

At 17, youth committing offenses are treated as adults in the criminal justice system. In addition, youth ages 14 through 16 can be transferred to a district court or criminal district court for criminal proceedings.

At times, CPS youth and young adults become involved with the adult criminal justice system. The authorities generally do not acknowledge the department’s conservatorship role and do not attempt to contact the department. In these situations, CPS does not relinquish its conservatorship role, and all the regular casework activity continues, to the extent possible. A referral for a Local Permanency specialist may be needed.

When a 17 year old youth in CPS conservatorship has been charged with a misdemeanor or felony offense, or when a younger youth in CPS conservatorship has been transferred to the adult system, the caseworker must contact the Regional Attorney and the child’s attorney ad litem, guardian ad litem and CASA worker to:

  •  ensure that the parties know of the charge; and

  •  ensure there will be action, including potentially filing a petition for the court to determine indigency, so that the youth can be appointed a criminal defense attorney if necessary.

The caseworker encourages the youth or young adult to work with their appointed defense counsel. Caseworkers never counsel the youth to accept any type of plea. The criminal defense attorney counsels the youth as to whether to accept or decline any offer made by the prosecutor’s office.

6825 Sealing Juvenile Records for Minor Offenses

CPS June 2020

It is important for juvenile records to be sealed whenever possible. Having a juvenile record, even a minor one, can limit a young adult’s employment opportunities and housing choices.

Automatic Sealing

Juvenile courts can seal juvenile records for a minor offense if the young adult meets certain criteria. For a full list of criteria, see Sealing Juvenile Records for Minor Offenses in the Juvenile Justice Resource Guide.

The young adult is not eligible for automatic sealing until he or she turns the following age:

  • 18 years old, if he or she has committed conduct indicating a need for supervision.
  • 19 years old, if he or she has committed delinquent conduct.

For definitions of conduct indicating a need for supervision and delinquent conduct, see 6820 CPS Youth and Municipal or County Courts and the Juvenile and Criminal Justice Systems.

The young adult does not have to file a motion or have a hearing to request that the court seal the qualifying juvenile records. The court receives notice through the juvenile probation office that such records are eligible for sealing, and the court issues an order sealing the records.

Texas Family Code §58.253

Texas Family Code §58.255

Application for Sealing Records

When the youth’s records cannot be automatically sealed, the youth can make a request to the juvenile court that the records be sealed. For this to occur, an application must be filed with the juvenile court. The court may or may not hold a hearing before issuing a ruling.

The youth must meet certain criteria to file an application. For a full list of criteria, see Application for Sealing of Records in the Juvenile Justice Resource Guide.

To file an application to seal juvenile records, one of the following must be true:

  • The youth is at least 17 years old.  
  •  If the youth is younger than 17, at least one year has elapsed after the date of final discharge in each matter for which the youth was referred to the juvenile probation department.

Texas Family Code §58.256

Caseworker Actions if the Record May Be Sealed Automatically

If a CPS youth has a juvenile record, the record may be eligible to be automatically sealed when he or she turns 18 or 19. The caseworker contacts the assigned juvenile probation department if the caseworker does not receive notice from the court prior to the youth turning 18.   

If the juvenile probation department does not confirm that the court sealed the record, the caseworker contacts the regional attorney for assistance. The caseworker works with the regional attorney until the court seals the record.  

While the young adult remains in DFPS care, the caseworker helps the young adult monitor his or her case. The automatic sealing process differs for delinquent conduct and conduct indicating a need for supervision, but in each type of case the juvenile probation department is responsible for notifying the court that the case is eligible for sealing. Therefore, the caseworker’s first inquiry is with the juvenile probation department.

Caseworker Actions for Applications to Seal Juvenile Records

When automatic sealing is not available, the caseworker consults with the regional attorney to determine if the youth may be eligible to have his or her record sealed. When appropriate, the caseworker works with the regional attorney, the youth, the youth’s attorney ad litem, and any other attorney who is assisting the youth with a sealing application to file an application to seal the juvenile record.

6826 Sealed Juvenile Records

CPS March 2018

DFPS receives juvenile or criminal history information from DPS through background checks and uses this information for assessments. However, once DFPS is notified that juvenile justice information has been sealed, DFPS cannot share or release the information, or use the information as the basis for denying a young adult approval for placement in Extended Foster Care.

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