Child Protective Services

Handbook Revision, February 2013

This revision of the Child Protective Services Handbook was published on February 1, 2013. Summaries of new or revised items are provided below.

Interviews With Collateral Sources

CPS Overhaul – Legal Background

Internet and Social Media Use by Children and Youth in Foster Care

Employment Preference for Former Foster Youth

Psychosocial Assessment, Psychological Testing, and Psychiatric Evaluation

Interviews With Collateral Sources (PATS 4042)

The items below are revised or added to clarify what people constitute collateral sources during an investigation. This revision is intended to provide better direction for field staff when determining:

  •  when to contact a collateral source; and

  •  which collateral contacts to enter into the Person Detail page.

See:

2392 Interviews With Parents, Alleged Perpetrators, and Other Adults

2393 Interviews With Parents or Primary Caretakers

2393.1 Parents or Primary Caretakers in the Home

2393.2 Referral for Domestic Violence Services

2394 Interviews With Alleged Perpetrators

2394.1 When a Child Age 10 or Older Is Also Alleged to Be a Victim

2394.2 Substitute Interview of Alleged Perpetrator

2394.3 Police Request That CPS Delay Interviewing Alleged Perpetrator

2394.4 Alleged Perpetrator in Police Custody

2394.5 Abbreviated, Unable to Complete, and Preliminary Investigations

2394.6 Complaints

2395 Interviewing Parents or Alleged Perpetrators

2395.1 Coordinating With Law Enforcement

2395.2 Required Content of Initial Interview With Parents or Alleged Perpetrators

2395.3 Use of Polygraphs With Parents or Alleged Perpetrators

2395.4 Family Cannot Be Located or Refuses an Interview

2395.5 Interviews With the Person Who Has Primary Legal Responsibility for the Child

2396 Interviews With Other Adults in the Home or Family

2397 Interviews With Collateral Sources

CPS Overhaul – Legal Background (PATS 5697)

The following items are revised as part of the CPS Handbook overhaul. See:

1200 Legal Bases for Child Protective Services

1210 Governing State Laws

1211 Texas Human Resources Code

1212 Texas Family Code

1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect)

1212.2 Texas Family Code Chapter 262 (Removal of Neglected Children)

1212.3 Texas Family Code Chapter 263 (Placement of Children Under Conservatorship)

1212.4 Texas Family Code Chapter 264 (Protection of Children in Conservatorship or Substitute Care)

1212.5 Texas Family Code Chapter 266 (Medical Care and Health Passports for Children Under DFPS Conservatorship)

1213 Texas Administrative Code

1220 The U.S. Constitution and Governing Federal Law

1221 Constitutional Protections Under the Fourth Amendment

1221.1 Definitions of Search and Seizure

1221.2 Definition of Imminent and Exigent

1222 Federal Funding Under the Social Security Act

1222.1 Title IV-A and Temporary Assistance for Needy Families

1222.2 Title IV-B Child Welfare Services

1222.21 Title IV-B, Subpart 1 (The Stephanie Tubbs Jones Child Welfare Services Program)

1222.21 Title IV-B, Subpart 2 (Promoting Safe and Stable Families)

1223 Title IV-E, Federal Payments for Foster Care, Adoption Assistance, and PCA Payments

1224 Child Abuse Prevention and Treatment Act (CAPTA)

1225 Indian Child Welfare Act

The items below were revised to update cross-references:

2260 Overview of Transporting a Child During an Investigation

2315.2 Assessing the Family’s Response to Child-Safety Issues

2325.2 When Children Are at Risk

2352 Exigent Circumstances Relating to Entry of a Home

2441.1 Circumstances Requiring an FTM Referral

2442 Scheduling and Coordinating FTMs

2500 Removing a Child From the Home

2793 Out-of-State Incident and Perpetrators

3221 Constitutional Requirements for an FBSS Family Assessment

3331 Immediate or Short-Term Protection During an FBSS Case

3333 Determining Whether to Seek a Court Order or Removal Before or During an FBSS Case

3592 Identifying Court Protocols Before Removing a Child After Reunification

3593 Providing Notification of Removal After Reunification

3731 Removing a Child From the Home

5234.2 When a Parent of an Indian Child Cannot Be Located

5234.2 When a Parent of an Indian Child Cannot Be Located

6110 Before Removing a Child and Placing the Child in Substitute Care

Internet and Social Media Use by Children and Youth in Foster Care (PATS 5852)

The items below are added to provide guidance to staff about the use of the Internet and social media websites by children and youth in foster care. See:

6330 Email, Internet, and Social Media Use by Children and Youth in Foster Care

6831 Use of Email by Children and Youth in Foster Care

6832 Use of the Internet and Social Media by Children and Youth in Foster Care

6833 Online Privacy Expectations of Children and Youth in Foster Care

Employment Preference for Former Foster Youth (PATS 5867)

The item below is added to describe the eligibility requirements for the Employment Preference for Former Foster Youth program, and the role of Preparation for Adult Living (PAL) staff in implementing that program.

10330 Employment Preference for Former Foster Youth

The items below have been renumbered to accommodate the new item above. The previous item numbers are shown in parentheses. References to these items have been updated throughout the handbook.

10340 (10330) Preparation for Long-Term Care or Support in Adulthood for Youth with Disabilities

10341 (10331) Planning for Long-Term Care Needs

10341.1 (10331.1) Researching Long-Term Care Resources

10341.2 (10331.2) Ensuring Funding and Eligibility for Services

10342 (10332) Appointing a Guardian

10343 (10333) Criteria for DADS Guardianship Referral

10344 (10334) Steps in the DADS Guardianship Referral Process

10344.1 (10334.1) DADS Referral Step 1: Initial Request for Information and Assistance

10344.2 (10334.2) DADS Referral Step 2: CPS Initiates the Request

10344.3 (10334.3) DADS Referral Step 3: Guardianship Assessment

10344.4 (10334.4) DADS Referral Process Step 4: DADS Decision, Notification, and CPS Response

10344.41 (10334.41) DADS Agrees to Become Guardian

10344.42 (10334.42) DADS Denies Request for DADS Guardianship

10345 (10335) DADS Appointed as Guardian

10345.1 (10335.1) Youth Leaves CPS Foster Care

10345.2 (10335.2) CPS Foster Care Placement After DADS Appointed as Guardian

10345.3 (10335.3) Foster Parent Wishes to Be a Guardian

The items below were revised to update cross-references:

1543 Payment for Long-Term Care in Adulthood

1574 SSI Applications for Youth Aging Out of Care

6232 Transferring Conservatorship From DFPS to a Suitable Person

6274 Permanency Planning Meetings for Youth 16 and Over

10332 Appointing a Guardian

10442.1 Department of Aging and Disability Services (DADS) Guardianship

10442.1 Department of Aging and Disability Services (DADS) Guardianship

10452 Mental Capacity Issues in Signing the VEFCA

Psychosocial Assessment, Psychological Testing, and Psychiatric Evaluation (PATS 4550)

This revision introduces new clinical service descriptions and a new process for issuing Form 2054, Service Authorization, to pay for psychosocial assessments, psychological testing and psychiatric evaluations.

The regional directors have instituted a process requiring approval by the program director before caseworkers issue a Form 2054 for psychosocial assessments, psychological testing, and psychiatric evaluations. The caseworker documents this approval and includes the rationale for the service in the comment box on Form 2054. The supervisor must be the primary approver and the program director must give secondary approval. The new process helps to ensure that parents or caregivers and children undergo assessments, testing, and evaluation only when needed and that they participate in only those services which relate to their identified needs. The only exception to this process is when a court orders the provision of one or more of these services.

For children enrolled in STAR Health, caseworkers should continue seeking psychosocial assessments, psychological testing, and psychiatric evaluations through STAR Health using current processes.

CPS staff were informed of this policy with the issuance of PSA 11-073 on 7/18/2011.

See:

2376 Purchase of Medical, Psychological, and Psychiatric Examinations

8240 Evaluation, Treatment, and Substance Abuse Services

8241 Definitions

8242 Evaluation

8242.1 Psychosocial Assessment

8242.11 Determining Eligibility for Psychosocial Assessment

8242.12 Identifying Available Services for Psychosocial Assessment

8242.13 Referring Clients for Psychosocial Assessment

8242.14 Using IMPACT to Authorize Psychosocial Assessment

8242.15 Adding, Extending, and Reauthorizing Psychosocial Assessment Services

8242.16 Terminating Service for Psychosocial Assessment

8242.2 Psychological Testing

8242.21 Determining Eligibility for Psychological Testing

8242.22 Identifying Available Services for Psychological Testing

8242.23 Referring Clients for Psychological Testing

8242.24 Using IMPACT to Authorize Psychological Testing

8242.25 Adding, Extending, and Reauthorizing Services for Psychological Testing

8242.26 Terminating Service for Psychological Testing

8242.3 Psychiatric Evaluation

8242.31 Determining Eligibility for Psychiatric Evaluation

8242.32 Identifying Available Services for Psychiatric Evaluation

8242.33 Referring Clients for Psychiatric Evaluation

8242.34 Using IMPACT to Authorize a Psychiatric Evaluation

8242.35 Adding, Extending, and Reauthorizing Services for Psychiatric Evaluation

8242.36 Terminating Service for Psychiatric Evaluation

Appendix 8160: CPS Service Codes and Descriptions as Identified in IMPACT