5700 Special Issues
5710 Interstate Compact on the Placement of Children (ICPC)
5711 Priority Handling for Interstate Placements With Certain Relatives or Guardians
CPS March 2018
See 4512 Expedited ICPC Home Screening.
5711.1 Required Actions to Request a Court Order for an Expedited Placement Decision Pursuant to Regulation 7
CPS March 2018
If the child meets the criteria for a priority home screening, the caseworker must:
• complete Form ICPC105 ICPC Criteria for Priority Home Screening; and
• submit the completed form to the attorney representing DFPS.
The attorney representing DFPS must:
• prepare the appropriate motion and order; and
• submit the motion and order to the Court.
The caseworker must prepare to testify regarding:
• the information in the form; and
• any other information relevant to the requested placement.
See 4512 Expedited ICPC Home Screening for:
• criteria for requesting an expedited placement decision; and
• steps the caseworker must take, after the court signs the order, to submit the request packet to the other state.
5720 Court-Related Requirements for Travel by a Child in DFPS Conservatorship
CPS March 2018
If a child in DFPS conservatorship travels, the following policy applies.
Out of State
Advance approval by the local court is necessary only if the local court requires it.
6471.2 Out-of-State Travel Approval
Outside of the US
If a caregiver wants to travel outside of the U.S. with a child in DFPS conservatorship, the court must issue an order approving the child’s travel.
6471.2 Out-of-State Travel Approval
5730 Foreign-Born Children in Foster Care
CPS March 2018
Legal and programmatic issues may arise when foreign born children come into substitute care. The requirement to notify a foreign consulate if a foreign-born child comes into care is discussed in 6715.1 Giving Notice to a Foreign Consulate.
Other legal issues to be aware of if a child is born outside the U.S. include the following:
• Foster children who have no immigration status may be eligible to become permanent residents by applying for Special Immigrant Juvenile Status (or may be eligible for other forms of relief).
• Foster children who are permanent residents may be eligible to apply to become naturalized US citizens.
For detailed information on these and related issues, such as foreign travel, providing services to parents in foreign countries, and placing children in foreign countries, see Section 6700 International and Immigration Services.
Caseworkers with questions may consult with:
• a DFPS immigration specialist; or
• the regional attorney assigned to immigration issues.
See also 5541 Issues to Resolve Before DFPS’s Role in the Lawsuit Ends.
5740 The Indian Child Welfare Act (ICWA)
5741 Identifying ICWA Cases
CPS March 2018
Failure to comply with the ICWA can result in a final order being reversed on appeal.
The law applies if a child is an unmarried person under age 18 who is either:
• a member of a federally recognized tribe; or
• eligible for membership in a tribe and the biological child of a tribal member. See 25 U.S.C. §1903(4).
DFPS must not wait for a parent or family member to offer information but must ask parents, family members and any child old enough about possible Native American family history. Even if the family has no information about tribal membership, if there is any Native American family history a child must be considered a possible Native American child. To find out if a child has Native American family history, the caseworker must routinely ask:
• any child old enough to be interviewed;
• any parent of the child who is available to be interviewed; and
• any relatives who are available to be interviewed.
Because key facts about a child’s family history may not be available when a case is first investigated, the caseworker must routinely ask, throughout the case, if a child has Native American family history, especially when new family members are identified.
Whether family members deny or report tribal family history, the caseworker must document the information on:
• the removal affidavit; and
• any reports filed with the court.
For example:
“Information about the Child’s Native American Status: Mother denies tribal family history; father reports that his great-grandfather may be Sioux. Paternal grandmother says that her husband’s family was from the Cherokee tribe in Oklahoma.”
If a child, parent, or extended family member reports possible Native American family history, the caseworker must:
• complete Form 1705 Indian Child and Family Questionnaire;
• confer with the regional attorney and attorney representing DFPS as soon as possible; and
• inform the court in the next hearing.
The caseworker must provide as much information as possible on Form 1705 to enable the tribe to determine if a child is a member of the tribe or is eligible for membership in the tribe.
5742 Decision Regarding Native American Status
CPS March 2018
If there is any indication that a child’s family may have a tribal connection, the caseworker must provide the relevant information to the tribe and ask the tribe to confirm or deny eligibility.
5743 Legal Requirements If the ICWA Applies
CPS March 2018
If a Native American child, (or “Indian child”, as defined by the Indian Child Welfare Act), is taken into DFPS custody, almost every aspect of the social work and legal case is affected, including:
• the legal burden of proof for removal is higher, as is the legal burden of proof for obtaining any final order terminating parental rights or restricting a parent’s custody rights;
• DFPS must serve the child’s parents, tribe, Native American caregivers, and the Bureau of Indian Affairs with a specific notice regarding ICWA rights;
• ICWA requires that the caseworker must make active efforts to reunify the child and family;
• the child must be placed according to ICWA statutory preferences;
• expert testimony on tribal child and family practices may be necessary;
• a valid relinquishment of parental rights requires a parent to appear in court and a specific statutory procedure.
All of these requirements apply to both a Native American parent and a parent who is not Native American.
For a quick reference, see:
Form 1705 Indian Child and Family Questionnaire
Form 1706 Indian Child Welfare Act Checklist
5750 Social Studies
CPS March 2018
See the Hearings and Legal Proceedings Resource Guide for general information on Social Studies.
5751 Orders for DFPS to Conduct a Home Screening in a Case to Which DFPS Is Not a Party
CPS March 2018
DFPS does not have the authority to conduct a home screening if DFPS is not a party to the lawsuit.
If DFPS is ordered to conduct a home screening and DFPS is not a party, the caseworker must contact the regional attorney as soon as possible.
5760 Prior Out-of-State Orders Regarding Children
CPS March 2018
If a child has previously been the subject of a court order related to paternity or custody in another state, this may affect whether or not a Texas court has authority to act beyond exercising temporary emergency jurisdiction.
Texas Family Code §152.203-204
The caseworker must always ask parents about any prior orders from another state and request copies or at least as much information as possible about the date and place where the order was entered. In this circumstance, the caseworker must consult with the attorney representing DFPS.