Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter S - INTERSTATE PLACEMENT OF CHILDREN › Section 700.1901 - All Interstate Placements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Texas Department of Protective and Regulatory Services (TDPRS) involvement. As
				  specified in the Texas Family Code, Chapter 162, the state of Texas has enacted
				  the Interstate Compact on the Placement of Children (ICPC) as law. Under that
				  law, every placement of a child inside or outside Texas that is subject to the
				  ICPC must be coordinated through TDPRS.
(b) State laws and agency policies. TDPRS
				  applies the same state laws and agency policies that govern placements within
				  the state of Texas to interstate placements under the ICPC.
(c) Interstate-placement regulations. Within
				  the limits of state law, agency policy, and the best interest of the child,
				  TDPRS also applies the regulations of the Association of Administrators of the
				  ICPC (AAICPC) to interstate placements made under the ICPC. If necessary,
				  however, in a particular child's placement, TDPRS may waive any AAICPC
				  regulation that appears to conflict with state law, agency policy, or the best
				  interest of the child, unless the court of jurisdiction prohibits such a
				  waiver.
(d) The Texas Interstate
				  Placement Section. As specified in Chapter 45 of the Human Resources Code, the
				  executive director of TDPRS is the compact administrator for Texas under the
				  ICPC. To carry out the functions of the compact administrator, the executive
				  director of TDPRS designates a deputy compact administrator and appoints
				  appropriate support staff. The deputy administrator and support staff
				  constitute the Texas Interstate Placement Section (TIPS) of the Office of
				  Protective Services for Families and Children (PSFC). TIPS is the interstate
				  compact office for Texas.
(e)
				  Requesting placements outside Texas. Every person and organization that
				  requests approval to place a child from Texas in another state, district, or
				  territory of the United States under the ICPC must submit an application to
				  TIPS. The application must include all documents specified by TIPS and be
				  prepared according to instructions issued by TIPS.
(f) Requesting placements inside Texas.
(1) Every person and organization that
				  requests approval to place a child in Texas from another state, district, or
				  territory of the United States under the ICPC must submit an application to
				  TIPS through the compact administrator of the state, district, or territory
				  from which the child is being placed, unless that state, district, or territory
				  has not enacted the ICPC.
(2) If
				  the state, district, or territory from which a child is being placed has not
				  enacted the ICPC, the person or organization requesting approval must either:
(A) submit an application to TIPS through the
				  authority responsible for coordinating such placements in the state, district,
				  or territory from which the child is being placed, if there is such an
				  authority; or
(B) in the absence of
				  such an authority, submit an application directly to TIPS.
(3) The application specified in paragraphs
				  (1) and (2) of this subsection must include all documents specified by TIPS and
				  be prepared according to instructions issued by TIPS or by the compact
				  administrator of the state from which the child is being placed.