Child Protective Services Handbook Revision October 2010
This revision of the Child Protective Services Handbook was published on October 1, 2010. Summaries of new or revised items are provided below.
Permanency Hearings and Placement Review Hearings
Notification Time Frame for TYC Youth Court Hearings
Extended Foster Care (New Section 10400)
Extended Adoption Assistance Policy
Update of Service Levels, Common Applications, CPOS, and Transition Plans
Standardizing Payments (PATS 3432)
The item below is revised to clarify that all regions will pay out children’s income in the month following the receipt of funds. See:
1342 Managing Children’s Income Accounts (CIAs)
Permanency Hearings and Placement Review Hearings (PATS 3557)
The items below have been updated to include additions made by the 81st legislative session and to simplify the presentation of requirements.
5352 Permanency Hearings for Children Under Temporary DFPS Conservatorship
5352.1 The Purpose of a Permanency Hearing
5352.2 Meeting the Time Frames for Holding a Permanency Hearing
5352.3 Filing a Service Plan With the Court After DFPS Is Appointed Temporary Conservator
5352.4 Filing a Permanency Progress Report With the Court and Parties
5352.5 Meeting the Content Requirements for the Permanency Progress Report
5352.6 Obtaining Approval of a Permanency Progress Report
5353 Placement Review Hearings for Children Under Permanent DFPS Conservatorship
5353.1 The Purpose of a Placement Review Hearing
5353.2 Meeting the Time Frames for Holding a Placement Review Hearing
5353.3 Filing a Placement Review Report With the Court and Parties
5353.4 Meeting the Content Requirements for a Placement Review Report
5353.5 Obtaining Approval of a Placement Review Report
Transition Plan Review (PATS 3632)
The item below is revised to reflect the “additional transition plan review required” mandated by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. Staff were informed of this policy with the issuance of PSA 10-038 on 12/7/2009. See:
6423 The Transition Plan
IMPACT Consistency Check (PATS 3828)
The item below is revised to provide clarification regarding the consistency check that IMPACT performs between the first Emergency Assistance question and the risk finding or safety plan checkbox. See:
2281.62 Consistency Check Between the First EA Question and the Risk Finding or Safety Plan
Notification Time Frame for TYC Youth Court Hearings (PATS 4012)
The item below is revised to update the time frame for giving Texas Youth Commission staff notice of court hearings from 20 days to 30 days. This will allow Texas Youth Commission staff more time to gather the required information, particularly the health information, for their report for the court hearing. See:
6577.24 Meeting and Consulting With TYC Staff
Extended Foster Care (PATS 2998)
The items below are added to reflect Extended Foster Care issues, which have been updated for the additional circumstances allowed by the federal Fostering Connections Act and the Texas HB 1151 and SB 2080 (81st legislative session).
A new handbook section 10000 has been created to accommodate this and other policies that will be moved from the overcrowded 6000 section in the near future.
See:
10400 Extending Foster Care for Youth Who Are 18 or Older
10410 Eligibility for Extended Foster Care Assistance
10411 Qualifying for Extended Foster Care Assistance
10411.1 Voluntary Agreement and Effect on Eligibility Determination
10411.2 Education and Work Related Criteria for Extended Foster Care
10412 Transitioning Between Education or Work Related Activities
10412.1 Enrollment in a Higher Education Program or a Post-Secondary Vocational or Technical School
10412.2 Youth Who Are Incapable of Performing Education and Vocational Activities
10420 Preparation for Youth Considering Extended Foster Care
10421 When a Youth Elects To Stay in Care
10430 Acceptable Documentation for Educational and Work Related Activities
10431 Educational Services - High School, General Equivalency Diploma (GED) Programs, Vocational and Technical Schools, Colleges and Universities
10432 Employment
10433 Programs or Activities to Promote or Remove Barriers to Employment
10434 Inability to Perform Either Educational or Work Related Activity Because of a Medical Condition
10440 Issues That Can Affect Eligibility
10441 Loss of Eligibility
10442 Temporary Absences From Extended Foster Care
10442 Youth Receiving Social Security Benefits
10443.1 DADS Guardianship
10443.2 Youth’s Refusal to Sign the VEFCA Financial Agreement
10450 Issues Related to a Youth’s Ability to Sign
10451 Physically Unable to Sign
10452 Mental Capacity Issues
10460 Casework Activity for Youth in Extended Foster Care
10461 Casework Activity That Respects Young Adult Status
10462 Casework Activity
10463 Extended Care Monthly Face-to-Face Visits
10464 Service Plan for Youth 18 and older
10470 Ongoing Review of Eligibility for Extended Foster Care
10471 Annual Review for Extended Foster Care Eligibility
10472 Federal Six Month Periodic Reviews for Youth 18 and Older
10473 Federal Annual Permanency Hearings for Youth 18 and Older
10480 When Older Youth are Ready for Discharge
10481 Other Discharge Policies for Older Youth
The content of the item below has been incorporated into the new section 10400, and has been replaced by a link to the new policy. See:
6565 Youths Who Are 18 or Older
The appendices below are deleted, replaced by Form 1003 College Tuition Waiver Letter on the DFPS Automated Forms System (Smiley). See:
Appendix 6579: College Tuition Waiver Letter
Appendix 6883: College Tuition Waiver Letter for Students Who Were Adopted and Received Adoption Assistance
A link in the item below is redirected from the appendices above to Form 1003. See;
6883 College Tuition Waiver for Youths Who Have Been Adopted
Extended Adoption Assistance Policy (PATS 3573)
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 was signed into law on October 7, 2008. Fostering Connections, as the bill is referenced, will improve the lives of children and youth in foster care and increase the likelihood that they will be able to leave the foster care system to live permanently with relative caregivers or adoptive families. The law accomplishes this by extending and providing services for relatives, children in foster care, and adoptive families.
The sections below are revised to reflect this legislation. CPS staff were informed of these changes with the release of PSA 10-116 on June 21, 2010.
See:
1560 Adoption Assistance Program
1561 Adoption Assistance Eligibility Requirements for Children Adopted From DFPS Conservatorship
1561.1 General Eligibility Requirements
1561.2 Determining Whether a Child Has Special Needs
1561.3 Eligibility Requirements for Reimbursement of Nonrecurring Adoption Expenses
1561.4 Additional Eligibility Requirements for Monthly Payments and Medicaid Coverage
1561.5 Eligibility Requirements for State-Paid Adoption Assistance
1561.6 Determining Who Is an Applicable Child
1561.7 Eligibility Requirements for Extended Adoption Assistance
1561.8 When Adoption Assistance Is Not Available (Transferring Permanent Managing Conservatorship)
1562 Adoption Assistance Eligibility Requirements for Children Adopted From the Conservatorship of an LCPA
1562.1 Eligibility Requirements
1562.2 International Adoptions
1563 Jurisdiction and Responsibility for Determining Eligibility and Activating Benefits
1563.1 Determining Which Children Are Within DFPS Jurisdiction
1563.2 Determining Region With Responsibility for a Case
1564 Program Notification, Application Process, and Responsibility for Cases
1564.1 Informing Families of the Adoption Assistance Program
1564.2 Application Process for Adoption Assistance
1564.3 Determination of Eligibility
1564.4 Responsibilities of the Eligibility Specialist in Entering Into the Initial Adoption Assistance Agreement
1564.5 Commencement of Benefits
1564.6 Ongoing Responsibilities of Eligibility Units for the Adoption Assistance Program
1564.7 Reimbursement of Nonrecurring Expenses of Adoption
1565 Negotiating Adoption Assistance Agreements and Deferred Adoption Assistance Agreements
1565.1 Responsibilities of Negotiators for Initial Adoption Assistance Agreement
1565.2 Ongoing Responsibilities of Negotiators
1565.3 Considerations During Negotiations
1565.4 Supplemental Security Income (SSI) Payments and Adoption Assistance Payments
1565.5 Determining the Adoption Assistance Payment Ceiling
1565.6 Education Requirements
1566 Deferred Adoption Assistance Agreements
1567 Changes in Circumstances and Periodic Certification of Continued Eligibility
1567.1 Recertification of Eligibility
1567.2 Adoptive Parents Die or Their Parental Rights Are Terminated
1568 Benefits: Termination and Resumption
1568.1 Termination of Benefits
1569 Fair Hearings Regarding Adoption Assistance Decisions
1569.1 Appealing Decisions
1569.2 An Agreement for Adoption Assistance Was Not Signed Before an Adoption’s Consummation
1569.3 Responsibilities of the Adoption Assistance Eligibility Specialist and Negotiator
1570 Medicaid Coverage, The Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance
1571 The Interstate Compact on Adoption and Medical Assistance and its Impact on Adoption Assistance
1572 Procedures of the Interstate Compact on Adoption and Medical Assistance
1573 Procedures Regarding Children Eligible for Adoption Assistance Who Are Placed or Moved Out-of-State
Cross-references were updated in the items below:
1224 Title XIX, Medicaid
6221.25 Selecting the Permanency Goal
6852 Consummating the Adoption
Update of Service Levels, Common Applications, CPOS, and Transition Plans (PATS 2572)
The items below are revised to include updated policy regarding:
• the service level system;
• documentation required for level of service authorizations;
• the use of the common application; and
• the sharing child plans of service and common applications with residential child care contractors.
CPS staff were informed of these updates with the issuance of the following Protective Services Alerts (PSAs):
08-020 Initial Service Levels (Issued 10/5/2007)
08-048 Sharing Child’s Plans, Common Applications & Transition Plans with Res. Child Care Contractor (Issued 1/20/2008)
08-073 Use of the Common Application (Issued 3/6/2008)
08-085 Documentation Required for YFT Service Level Authorizations & Reviews (Issued 3/27/2008)
See:
6340 Texas Service Levels System
6341 Definitions
6342 Service Level Determinations and Reauthorizations
6343 Responsibility for Timely Determinations
6343.1 Authorized and Billing Service Levels
6344 Common Application
6345 Procedures
6345.1 Obtaining an Initial Service Level Authorization (ASL)
6345.11 Process for obtaining an Initial Service Level Authorization
6345.2 Scheduled or Non-Scheduled Review of Service Level
6345.21 Process for Obtaining a Scheduled or Non-Scheduled Review of Service Level
6345.22 Guidelines for Expired Service Level Authorization
6345.23 Retroactive Service Level Authorization
6345.3 Modifying Placement for ASLs and Billing Service Levels (BSLs)
6345.31 Placing a Child One or More Billing Service Levels Lower Than the Authorized Service Level
6345.32 Requesting a BSL That Is Higher Than the ASL
6345.33 End Dates for an ASL at the Basic Service Level
6345.4 State Office Eligibility Program Specialist Role and Responsibilities
6345.5 How to Appeal Disagreements With ASLs