Child Protective Services Handbook Revision August 2008

This revision of the Child Protective Services Handbook was published on August 1, 2008.

Civil Relief Act for Members of the Military Service

When a Child Travels

Child Day Care Services

Civil Relief Act for Members of the Military Service (PATS 2032)

This policy implements federal law that prevents any party, including DFPS, from getting a default judgment against a person while that person is serving in the military. See Servicemembers Civil Relief Act (SCRA), and 50 USC Appendix §521 for information specific to default judgments

The purpose of the SCRA is to protect members of the armed forces (including reservists and the National Guard) from civil judgments that they cannot respond to while on active duty. Under an amendment to the Texas Family Code (TFC §153.3161), if a member of the military service has been given possession of a child as part of a court order and is subsequently deployed, he or she can, with court approval, formally designate someone to care for the child during his or her absence.

See:

6630 Working With Military Families

When a Child Travels (PATS 1597)

The item below is revised to reflect rules that have been revised to reflect requirements in the Texas Family Code §264.122.

When a child in DFPS's managing conservatorship travels outside of Texas, DFPS notifies the court and complies with local court requirements before permitting the child to travel.

When a child travels outside of the U.S., DFPS submits to the court a motion containing the caregiver’s travel plans and DFPS’s recommendations on the plans. DFPS must obtain a court order approving the travel in advance.

See:

6571 When a Child Travels

6571.1 Transporting Children by Vehicle

6571.2 Transporting Children by Airplane

6571.3 Special Issues While Transporting

6571.4 Traveling Within Texas

6571.41 Traveling With a Foster Caregiver

6571.42 Traveling With a Person Who Is Not a Caregiver or Relative

6571.5 Blanket Authorizations

6571.6 Traveling Outside of Texas or the U.S.

6571.61 When a Child Travels Outside of Texas

6571.62 When a Child Travels Outside of the U.S.

6571.7 Chart of Scenarios When Traveling With a Child

Child Day Care Services (PATS 1228)

This revision establishes policy for providing day care services to CPS clients and paying for those services.

DFPS staff were informed about some of these policy revisions with the issuance of the following PSAs. This revision supersedes those PSAs:

02-020 (11/28/2001) Rule and Policy Change for Foster Care Child Day Care

03-022 (11/25/2002) Foster Day Care Philosophy and Policy

03-025 (12/12/2002) Amending CPSH Items 8235.11 and 8235.12 General Protective Day Care

03-099 (08/26/2003) Child Day Care Policy 8235 Revisions

03-103 (08/28/2003) Overview of Day Care Systems and Controls

05-082 (05/24/2005) Foster Child Day Care

06-063 (03/01/2006) Kinship Child Day Care Policy

06-096 (06/20/2006) Day Care Referral Form and Process

The following items have been added or revised:

8235 Child Day Care Services

8235.1 For All Child Day Care Cases

8235.11 Definitions

8235.12 Contracting for Child Day Care

8235.13 Identifying Available Services

8235.14 Availability of Funding for Child Day Care Services

8235.15 Authorizing, Adding, Extending, Reauthorizing, Terminating, or Changing Services

8235.16 Worker Responsibilities

8235.17 When a Center’s Monitoring Status Changes to Plan 1

8235.18 When a Center Is the Subject of an Open Investigation

8235.2 General Protective Child Day Care

8235.21 Determining Eligibility

8235.22 Types of Centers That May Be Used

8235.23 Resolving Issues of Space

8235.24 Authorizing, Reauthorizing, and Terminating Services

8235.3 Foster Child Day Care

8235.31 Determining Eligibility

8235.32 Types of Day Care Centers That May Be Used

8235.33 Resolving Issues of Space

8235.34 Authorizing, Reauthorizing, and Terminating Services

8235.4 Special Needs Foster Child Day Care

8235.41 Determining Eligibility

8235.42 Types of Centers That May Be Used

8235.43 Resolving Issues of Space

8235.44 Authorizing, Reauthorizing, and Terminating Services

8235.5 Kinship Child Day Care

8235.51 Determining Eligibility

8235.52 Types of Centers That May Be Used

8235.53 Resolving Space Issues

8235.54 Initiating, Authorizing, Reauthorizing, and Terminating Services

8235.6 Former CPS Child Day Care — Provided by the Texas Workforce Commission

8235.61 Determining Eligibility

8235.62 Types of Centers That May Be Used

8235.63 Ensuring Continued Care

8235.64 Authorizing Services

8235.7 Regional Day Care Coordinator Responsibilities

8235.71 Handling Program-Related Duties

8235.72 Handling Fiscal Responsibilities

8235.73 Coordinating With Local Child-Care Management Services (CCMS) Agencies

Cross-references to items that were moved are updated in:

2236 Referring the Family for Community Services

Appendix 8160: CPS Service Codes and Descriptions