reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1106 - Obtaining Court Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) If a child
				  is in the Texas Department of Protective and Regulatory Services' managing
				  conservatorship, the child's worker must obtain written approval from the court
				  or the court's designee for:
(1) placing the
				  child out of state; or
(2)
				  returning the child to the family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1107 - Notifying the Court

Current through Reg. 49, No. 28; July 12, 2024
Unless the court indicates that it does not want to be
					 notified, the Texas Department of Protective and Regulatory Services (PRS) must
					 notify the court or the court's designee of the following actions and events
					 involving a child in PRS's managing conservatorship:
(1) circumstances that may be harmful to the
				  child, including, but not limited to:
(A)
				  serious or life-endangering illness, or death;
(B) consideration of the withdrawal of
				  life-support systems or the withholding of medically indicated
				  treatment;
(C) abuse or neglect of
				  the child in a foster home, an adoptive home, a relative's home, or the child's
				  own home;
(D) loss of contact with
				  the child because the child has run away or been kidnapped by a parent or
				  relative; and
(E) the child's
				  having placed himself in an independent living arrangement;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1108 - Request for Child Support Orders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless parental rights are terminated, the Texas Department of Protective and
				  Regulatory Services (PRS) must ask the county or district attorney to include a
				  request for child support and health insurance in every petition for managing
				  conservatorship and substitute-care placement, including court-ordered
				  placements. If the child's parents are deceased, the court may order the
				  parents' estate to provide for the child's care.
(b) The worker must inform the parents about
				  PRS's request for child support and health insurance.
(c) If the caretaker is already receiving
				  court-ordered support for the child, PRS must ask the court to make the child
				  support payable to the Texas attorney general's child support division when PRS
				  is appointed managing conservator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1109 - Enforcement of Child Support Orders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  PRS requests enforcement of court-ordered child support through the Texas
				  Office of the Attorney General (OAG) Child Support Division.
(b) After determining eligibility, PRS must
				  refer all Title IV-E (Type Program 08), State-Paid (Type Program 10), and
				  Medical Assistance Only (MAO) (Type Program 09) eligible children to the OAG's
				  Child Support Division when child support is court-ordered.
(c) The legal parents of a child in foster
				  care must be included in a referral for enforcement of child support orders.
				  Each legal parent is included even if one or both are missing or living in
				  another state. If a parent has more than one child in foster care, the parent
				  must be included in each child's referral.
(d) As the child's managing conservator, PRS
				  may ask the OAG's Child Support Division to defer collection of child support
				  for up to six months when deferment is in the best interest of the
				  child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1110 - Collection and Use of Child Support Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Protective and
				  Regulatory Services (PRS) must use the child support collected for a child in
				  substitute care for the care and maintenance of the child.
(b) If the amount of child support collected
				  for a child, by itself or in combination with the child's other income, equals
				  or exceeds the amount of the child's foster-care assistance payments, PRS staff
				  must redetermine the child's eligibility for foster care assistance.
(c) If the amount collected exceeds the
				  monthly amount of the foster-care maintenance payment, but not the monthly
				  child support obligation, the attorney general's office pays the excess to PRS.
				  As the child's managing conservator, PRS must either:
(1) set the excess aside for the child's
				  future needs; or
(2) make it
				  available to meet the child's day-to-day needs. If PRS is not the child's
				  managing conservator, PRS sends the excess to the managing conservator. The
				  managing conservator must use the excess to meet the child's needs as specified
				  in this subsection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter K - COURT-RELATED SERVICES › Section 700.1111 - Protective Court Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Protective and Regulatory Services (TDPRS) may apply for a
				  protective order for the protection of a member of a family or household.
				  Before filing an application for a protective order, the worker must consult
				  with the:
(1) supervisor;
(2) designated legal counsel; and
(3) nonabusive parent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1201 - What is the permanency planning process?

Current through Reg. 49, No. 28; July 12, 2024
The permanency planning process is a required, ongoing
					 process that DFPS follows when providing services to children and families. The
					 process involves directing DFPS services toward the achievement of:
(1) a safe living situation for the
				  child;
(2) a permanent living
				  situation for the child;
(3) a
				  committed family for the child;
(4)
				  an enduring and nurturing family relationship that can meet the child's
				  needs;
(5) a sense of security for
				  the child;
(6) a legal status for
				  the child that protects the rights of the child; and
(7) in the case of a child whose permanency
				  goal is another planned, permanent living arrangement, a connection to a caring
				  adult who will be supportive into adulthood during and after the transition to
				  independent living.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1202 - What is a permanency plan?

Current through Reg. 49, No. 28; July 12, 2024
There must be a permanency plan for all children receiving
					 family-based safety services from DFPS and for all children for whom DFPS has
					 responsibility for placement and care, which consists of:
(1) the primary permanency planning goal for
				  the child and, in the case of a child for whom DFPS has been appointed
				  temporary or permanent managing conservator, one or more alternate permanency
				  planning goals;
(2) the specific
				  steps to be taken to achieve the goal or goals, with responsibilities and time
				  frames established for taking those steps; and
(3) a discussion of the efforts made to
				  achieve the goal or goals.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1204 - How is the permanency planning goal chosen?

Current through Reg. 49, No. 28; July 12, 2024
(a) A permanency planning goal must serve the
				  child's best interests and long term needs, including the need for an enduring
				  and nurturing family relationship with safety, stability, and continuity of
				  care.
(b) A permanency planning
				  goal may be excluded after DFPS determines it is:
(1) unnecessary to consider, by court
				  order;
(2) unreasonable or
				  unachievable, after pursuing reasonable efforts; or
(3) not appropriate to meet the child's needs
				  and best interests.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1205 - How is the permanency plan established and reviewed?

Current through Reg. 49, No. 28; July 12, 2024
(a) The permanency plan must initially be
				  established in the development of the child's or family's service plan. The
				  plan is reviewed at several different points in a case as part of DFPS's
				  regular review of the child's or family's service plan, and in the court
				  hearings regarding permanency and placement review.
(b) If the permanency plan is reviewed and
				  determined to be inappropriate based on changing circumstances, the permanency
				  plan must be changed and the child's or family's service plan must be updated
				  to reflect the new permanency plan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1206 - Where is the permanency plan documented?

Current through Reg. 49, No. 28; July 12, 2024
(a) For children receiving family-based
				  safety services, the permanency plan is documented in the family's service
				  plan.
(b) For children in the
				  placement and care of DFPS, the permanency plan is documented in the child's
				  and, as appropriate, the family's service plan.
(c) For children in the temporary managing
				  conservatorship of DFPS, the permanency plan is also documented in the
				  permanency progress report that is submitted to the court as required in the
				  Texas Family Code, Chapter 263, Subchapter D.
(d) For children in the permanent managing
				  conservatorship of DFPS, the permanency plan is also documented in the
				  placement review report that is submitted to the court as required in the Texas
				  Family Code, Chapter 263, Subchapter F.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1208 - What is the specific goal as to percentage of children in care over 24 months?

Current through Reg. 49, No. 28; July 12, 2024
To comply with Title IV of the Social Security Act,
					 §471(a)(14) and federal rules 45 Code of Federal Regulations
					 §1356.21(n), the Department of Family and Protective Services (DFPS) seeks
					 to limit the number of children under DFPS's responsibility who remain in
					 substitute care for a period longer than 24 months to no more than 35% of the
					 children in care.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1210 - What is a permanency planning meeting?

Current through Reg. 49, No. 28; July 12, 2024
(a) A permanency planning meeting is a
				  multi-disciplinary meeting that involves and takes into account the input of
				  the persons and entities involved in a child's case, including those listed in
				  §
										263.0021(b),
				  Texas Family Code.
(b) The purpose
				  of a permanency planning meeting is to:
(1)
				  identify a child's permanency goal;
(2) identify any barriers to achieving the
				  child's permanency goal; and
(3)
				  develop strategies and determine actions to achieve the child's permanency
				  goal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter L - PERMANENCY PLANNING › Section 700.1212 - When should a permanency planning meeting be held?

Current through Reg. 49, No. 28; July 12, 2024
Permanency planning meetings should be held, to the
					 greatest extent possible, whenever it is appropriate to achieving the goal of a
					 child's safe and timely exit from DFPS' managing conservatorship in accordance
					 with §
										700.1201
					 of this title (relating to What is the permanency planning process?),
					 including:
(1) To develop the initial
				  family plan of service and initial visitation plan;
(2) Prior to scheduled permanency
				  hearings;
(3) Following a
				  significant update to the child's permanency goal; and
(4) As soon as possible after rendition of a
				  final order naming DFPS the permanent managing conservator of a youth over the
				  age of 16 whose permanency goal is another planned permanent living arrangement
				  and as frequently as possible thereafter if it is determined that progress is
				  not being made toward achieving permanency for the youth.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1301 - What are substitute care services?

Current through Reg. 49, No. 28; July 12, 2024
Substitute care services are the case management
						services, residential care services, treatment services, and other supportive
						services provided to ensure the safety, well being, and permanency of a child
						in the conservatorship of DFPS or a young adult in extended foster care.
						Substitute care services include the services provided to parents, caregivers,
						or prospective adoptive parents to achieve the permanency plan in effect for a
						child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1303 - How are some of the key terms used in this subchapter defined?

Current through Reg. 49, No. 28; July 12, 2024
As used in this subchapter, the following words have the
						following meanings, unless the context clearly indicates otherwise:
(1) The term "child" means:
(A) a person under the age of 18 years in the
					 managing conservatorship of DFPS; and
(B) a young adult who was in the
					 conservatorship of DFPS on the child's 18th birthday and who receives extended
					 foster care services pursuant to a voluntary agreement conferring placement and
					 care responsibility for the young adult on DFPS;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1305 - What principles guide DFPS in the provision of substitute care services?

Current through Reg. 49, No. 28; July 12, 2024
DFPS provides substitute care services that meet the
						requirements of Titles IV-B and IV-E of the Social Security Act, the Child
						Abuse Prevention and Treatment Act, and the Texas Family Code, including
						requirements that:
(1) a child is
					 placed in a safe setting that is the least restrictive (most family-like) and
					 most appropriate setting available, in close proximity to the parent's home
					 when the child's permanency goal is reunification, consistent with the best
					 interest and special needs of the child;
(2) a child is returned to the family from
					 which the child was removed whenever safe and appropriate; and
(3) when it has been determined that a child
					 cannot be safely reunified with the family from which the child was removed,
					 the child is placed in a safe and permanent placement as soon as possible,
					 consistent with the best interest of the child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1307 - In what kinds of settings may a child in DFPS conservatorship be placed?

Current through Reg. 49, No. 28; July 12, 2024
DFPS may place a child in any of the following
						settings:
(1) the home of a relative
					 of the child or other person with whom the child has a long standing and
					 significant relationship, regardless of whether the relative or other person is
					 a licensed or verified child-care provider;
(2) any "residential child-care facility" as
					 that term is defined in Chapter 42, Human Resources Code, including a foster
					 home, foster group home, prospective adoptive home, or general residential
					 operation; or a comparable facility licensed or approved by another state or by
					 an Indian Tribal licensing authority;
(3) a facility, group home or
					 foster/companion home operated, licensed, certified, or verified by another
					 state agency, including the following:
(A)
					 the Texas Department of Aging and Disability Services;
(B) the Texas Juvenile Justice
					 Department;
(C) the Texas
					 Department of State Health Services;
(D) the Texas Department of Assistive and
					 Rehabilitative Services;
(E) the
					 Texas School for the Deaf; or
(F)
					 the Texas School for the Blind and Visually Impaired;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1309 - What factors does DFPS consider when selecting the most appropriate living arrangement for a child?

Current through Reg. 49, No. 28; July 12, 2024
As mandated by §475 of Title IV-E of the Social
						Security Act, DFPS must place a child in the least restrictive (most
						family-like) and most appropriate setting available, and in close proximity to
						the parents' home when the child's permanency goal is reunification, consistent
						with the best interest and special needs of the child. When determining whether
						a placement is consistent with the best interest and special needs of a child,
						DFPS considers the following factors:
(1) First and foremost, a child's placement
					 must be safe;
(2) Placement with a
					 relative or other person with whom the child has a long-standing and
					 significant relationship is generally preferred over placement with a
					 non-related caregiver, provided the relative or other person can provide a safe
					 and appropriate home;
(3) Siblings
					 removed from their home should be placed together unless such placement would
					 be contrary to the safety or well-being of any of the siblings;
(4) Consideration must be given to the
					 appropriateness of the child's current educational setting and the proximity of
					 the placement to the school in which the child is enrolled at the time of
					 placement;
(5) The placement must
					 be able to meet the physical and emotional needs of the child, including any
					 special needs that the child may have, taking into consideration any available
					 support services that might assist the placement in meeting the child's needs;
					 and
(6) Consideration must be given
					 to the child's desires and needs for a loving and permanent home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1311 - What special considerations apply when selecting a placement other than a relative or other person with whom the child has a long-standing and significant relationship?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a child
					 cannot be placed with a relative or other person with whom the child has a
					 long-standing and significant relationship, DFPS will seek to place the child
					 in a foster or adoptive home that can meet the child's needs. If DFPS is unable
					 to locate a foster or adoptive home that can provide safe and appropriate care
					 to the child, DFPS may place the child in any of the settings described in
					 §
											700.1307
					 of this title (relating to In what kinds of settings may a child in DFPS
					 conservatorship be placed?), when:
(1) the
					 child needs treatment services or additional programmatic services, other than
					 child care services, that are not available or cannot be provided to the child
					 in a foster home;
(2) the child is
					 placed with a sibling or parent who needs the services described in paragraph
					 (1) of this subsection, and placement of the child with the sibling or parent
					 in a general residential operation is deemed to be in the child's best
					 interest;
(3) the child is placed
					 temporarily in a general residential operation because of the proximity of the
					 placement to the child's home or school of origin, and such placement is deemed
					 to be in the child's best interest;
(4) there is no foster home immediately
					 available for the child to be placed; or
(5) the placement is ordered by a court of
					 competent jurisdiction.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1313 - What special considerations apply when selecting a placement for a child with intellectual disabilities and related conditions?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS seeks to place children with
					 intellectual disabilities and related conditions with a family whenever
					 possible, with support services provided as needed to assist the child in
					 functioning as independently as possible within the community. When DFPS is not
					 able to find a suitable placement with a family that can meet the child's
					 needs, DFPS may place the child with one of the following:
(1) a group home or general residential
					 operation regulated by DFPS that provides treatment services and any other
					 specialized services that are necessary to meet the child's needs;
(2) a Home and Community Based Services (HCS)
					 foster or companion home;
(3) an
					 HCS group home; or
(4) an
					 intermediate care facility for persons with intellectual disabilities or
					 related conditions (ICF-ID), which may include an ICF-ID operated by a local
					 mental retardation authority, a private ICF-ID, or a state supported living
					 center.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1315 - What special considerations apply when placing a child in a nursing home?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS seeks to place children with serious
					 and complex medical needs in a family setting or other setting that is less
					 restrictive than a nursing home when DFPS determines that the child's needs can
					 be met in such less restrictive setting.
(b) DFPS may place a child in a nursing home
					 only when:
(1) the child's health needs
					 cannot be met in a foster home, even with intensive support services;
(2) the child requires 24-hour nursing
					 supervision and frequent medical intervention to sustain life;
(3) the child's physician recommends nursing
					 home placement as the most appropriate setting to meet the child's medical
					 needs; and
(4) all of the
					 Department of Aging and Disability Services requirements for placing a child in
					 a nursing home are met.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1317 - How are parents notified of their child's current placement?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in this subsection,
					 DFPS must keep the parents of a child in substitute care apprised of the
					 current placement of their child, including any changes in placement, unless:
(1) the parent's parental rights to the child
					 have been terminated;
(2) the
					 parent cannot be located despite reasonable efforts; or
(3) DFPS has been named the child's permanent
					 managing conservator in a suit in which parental rights were not terminated and
					 the parent is no longer involved in the life of the child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1319 - What is a case plan?

Current through Reg. 49, No. 28; July 12, 2024
DFPS must develop a case plan for every child in DFPS
						conservatorship no later than 45 days from the date DFPS was appointed
						temporary managing conservator of the child. The case plan is comprised of a
						"child service plan" and, when applicable, a "family service plan." The case
						plan must conform to all relevant requirements in Titles IV-B and IV-E of the
						Social Security Act, and Chapter 263 of the Texas Family
						Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1321 - What are the requirements for a child service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided in this
					 section, DFPS develops a child service plan for every child in DFPS
					 conservatorship and each young adult in extended foster care. At a minimum, the
					 child service plan must address all case plan requirements in §475 of
					 Title IV-E of the Social Security Act that are not addressed in the family
					 service plan. If the child resides in a residential child-care facility
					 regulated by DFPS, the child service plan may incorporate the service plan
					 required to be developed for the child under Child Care Licensing minimum
					 standards in Chapter 748 of this title (relating to General Residential
					 Operations), or Chapter 749 of this title (relating to Child-Placing Agencies),
					 as applicable.
(b) DFPS involves
					 each of the following in the development of the child service plan, and in all
					 reviews and updates of the plan:
(1) the
					 child's caseworker in the DFPS conservatorship unit and the DFPS worker
					 supervising the child's placement, if different than the child's
					 conservatorship caseworker;
(2) the
					 child, unless the child is too young to participate or cannot participate in
					 any meaningful way because of a physical or mental illness or
					 disability;
(3) each parent of the
					 child, unless such parent:
(A) cannot be
					 located, despite due diligence;
(B)
					 has had parental rights to the child terminated; or
(C) refuses to participate;
(4) the child's substitute
					 caregiver (e.g., a relative, the child's foster parent, or a representative of
					 the general residential operation where the child is placed);
(5) each person appointed by the court to
					 serve as the child's attorney ad litem, guardian ad litem, or court-appointed
					 special advocate (CASA);
(6) a
					 prospective adoptive family with whom the child has been placed for adoption;
					 and
(7) when appropriate, other
					 family members, professionals, and volunteers who are or will be providing
					 services or supports to the child or the child's family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1323 - Under what circumstances does DFPS develop a family service plan and what are the requirements for the plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS must develop an initial family
					 service plan unless the court has waived the requirement for a service plan as
					 provided under the following provisions of the Texas Family Code:
(1)
												§262.2015, based on a finding that
					 the parent has subjected the child to aggravated circumstances; or
(2)
												§263.1015, based on a finding that
					 the child was abandoned without identification and the child's identity cannot
					 be determined.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1325 - How frequently is a case plan reviewed and updated?

Current through Reg. 49, No. 28; July 12, 2024
DFPS reviews and updates a case plan when the child has
						been in care for five months, nine months, and at least every six months
						thereafter, and more often as necessary to comply with Child Care Licensing
						minimum standards or the residential child-care contract relating to service
						planning, or to address a change in placement, change in permanency goal, or
						other significant change in circumstances. The case plan review includes a
						review of the:
(1) child service plan;
					 and
(2) family service plan unless
					 DFPS is no longer developing a family service plan as provided under §
											700.1323
					 of this title (relating to Under what circumstances does DFPS develop a family
					 service plan and what are the requirements for the plan?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1327 - What are DFPS's responsibilities to siblings who are not placed together following a removal from the home?

Current through Reg. 49, No. 28; July 12, 2024
DFPS must provide for frequent visitation or other
						ongoing interaction between siblings, unless:
(1) the court has ordered otherwise;
					 or
(2) DFPS has determined and
					 documented in the child service plan that frequent visitation or other ongoing
					 interaction would be contrary to the safety or well-being of any of the
					 siblings and the court has not ordered that visitation or contact between the
					 siblings occur.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1329 - What are DFPS's responsibilities for ensuring appropriate medical care for children in DFPS conservatorship?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 DFPS has a duty to ensure that every child in DFPS conservatorship receives
					 appropriate medical care, including appropriate physical, dental, behavioral,
					 vision, and allied health care such as physical therapy, occupational therapy,
					 speech therapy, dietetic and other health-related services. Each child's
					 medical care must include:
(1) emergency
					 medical care whenever needed;
(2)
					 timely examinations and treatments of non-emergency injuries and illness;
					 and
(3) regular preventive care
					 appropriate to the child's age and condition, including immunizations and
					 tuberculin (TB) tests.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1331 - What are DFPS's responsibilities relating to discipline of a child in DFPS conservatorship?

Current through Reg. 49, No. 28; July 12, 2024
(a) As
					 the managing conservator of the child, DFPS has the right and duty under the
					 Texas Family Code to maintain reasonable discipline of the child. When
					 determining appropriate methods of discipline for a child in DFPS
					 conservatorship, DFPS must adhere to the following principles:
(1) Children must be treated with dignity and
					 respect at all times;
(2) The
					 primary purpose of discipline must be to encourage safe and appropriate
					 behavior, not to punish the child;
(3) Discipline must suit the particular
					 child's needs and circumstances and must take into account the child's age,
					 developmental level, specific misbehavior, previous reaction to discipline, and
					 history, including any history of physical or emotional abuse; and
(4) No child in DFPS's managing
					 conservatorship may be deprived of basic necessities or subjected to cruel,
					 harsh, unusual, or unnecessary punishment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1333 - What are DFPS's responsibilities for a child in its conservatorship who is missing or abducted from a placement?

Current through Reg. 49, No. 28; July 12, 2024
(a) When a child in DFPS's conservatorship
					 runs away, is abducted, or is otherwise missing from the child's authorized
					 placement, DFPS must follow all procedures outlined in §
											264.123,
					 Texas Family Code, to locate the child and cooperate with law enforcement if
					 the child has been the victim of any suspected crime while missing from the
					 child's authorized placement.
(b)
					 When an older youth in DFPS conservatorship refuses to remain in a foster care
					 placement, but the older youth's whereabouts are known, the child's caseworker
					 must:
(1) maintain as much face-to-face
					 contact with the youth as possible;
(2) attempt to convince the youth to return
					 to foster care;
(3) make all
					 reasonable efforts to locate an authorized placement that can meet the child's
					 needs; and
(4) take any other steps
					 as appropriate to ensure the child's safety and well-being.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1334 - What strategies does DFPS implement to reduce the number of incidents in which a child in its conservatorship runs away?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS has established policy and protocols
					 that guide caseworkers in providing support and information to kinship and
					 other non-contracted caregivers of children in DFPS conservatorship to prevent
					 and reduce the occurrence of runaway incidents. The protocols:
(1) address child safety while promoting
					 normalcy;
(2) include guidelines
					 for identifying children who might be at risk of running away from their
					 placement;
(3) require caregivers
					 to use the reasonable and prudent parent standard when making decisions
					 regarding the child; and
(4) are
					 trauma-informed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1335 - What is the Treatment Foster Family Care Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) Treatment Foster Family Care is a program
					 designed to provide innovative, multi-disciplinary treatment services to a
					 child or youth in a highly-structured family home environment.
(b) Caregivers who participate in the
					 Treatment Foster Family Care Program have specialized training in providing
					 services to children with mental health and/or socio-behavioral needs that
					 cannot be met in traditional foster care settings, including:
(1) 24-hour supervision to ensure the child's
					 safety and sense of security, which includes frequent one-to-one monitoring
					 with the ability to provide immediate on site response;
(2) individualized, strengths-based
					 therapeutic services and case management;
(3) time-limited services which include
					 wrap-around services designed to transition children to a permanent and stable
					 placement; and
(4) other training
					 specified in the contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 1 - GENERAL › Section 700.1337 - What is the Temporary Emergency Placement (TEP) Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Temporary Emergency Placement Program
					 is designed to provide highly-structured quality residential care and services
					 when DFPS encounters high needs children for whom the Department is working to
					 identify a safe and suitable longer-term placement to meet their unique needs.
(b) Caregivers who participate in
					 the Temporary Emergency Treatment Program have specialized training in
					 providing services to children with mental health, socio-behavioral needs and
					 medical needs, including 24-hour supervision to ensure the child's safety and
					 sense of security, which includes frequent one-to-one monitoring with the
					 ability to provide immediate on site response and any other training
					 requirement specified in contract.
(c) Contractors providing services through
					 the Temporary Emergency Placement Program must:
(1) have experience providing
					 residential-child care services to high needs children;
(2) reserve placement slots for the exclusive
					 use of properly referred children determined eligible for the TEP program by
					 DFPS;
(3) be prepared to admit
					 children who might require TEP services at any time, 24 hours a day, 365 days a
					 year;
(4) accept all properly
					 referred children up to a predetermined number of placements as outlined in the
					 contract with DFPS; and
(5) comply
					 with all required terms and conditions set forth in the contract with
					 DFPS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 2 - NOTICE OF SIGNIFICANT EVENTS › Section 700.1351 - Which laws govern the provision of notice of significant events for a child in the DFPS' managing conservatorship?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided and
					 clarified in these rules, requirements for the provision of notice of
					 significant events for a child in DFPS' conservatorship are governed by the
					 Texas Family Code, including but not limited to §§264.018, 264.107
					 and 264.123. Any terms not explicitly defined herein have the meaning given to
					 them by the Texas Family Code or other law, or shall be construed according to
					 their plain and ordinary meaning.
(b) DFPS must follow any applicable legal
					 restrictions on its ability to share information, such as 42 C.F.R. Subpart 2
					 or §
											700.204(c)
					 of this title (relating to Redaction of Records Prior to Release.).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 2 - NOTICE OF SIGNIFICANT EVENTS › Section 700.1353 - What are the purpose and scope of this division?

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this division is to
					 clarify and further interpret §
											264.018 of
					 the Texas Family Code, in accordance with §264.018(l).
(b) The scope of this division is limited to
					 clarification and interpretation of §
											264.018,
					 Texas Family Code. Other requirements that pertain to notice, including but not
					 limited to §264.107(g) and §264.123 continue to be governed by those
					 provisions, and DFPS must continue to comply with all requirements associated
					 with those statutes and other applicable law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 2 - NOTICE OF SIGNIFICANT EVENTS › Section 700.1355 - What is a "significant event" requiring notice pursuant to this division?

Current through Reg. 49, No. 28; July 12, 2024
(a) A "significant
					 event" for which notice is required under this division includes:
(1) a placement change, including failure by
					 DFPS to locate an appropriate placement for at least one night;
(2) a significant change in medical
					 condition, including mental or behavioral health conditions;
(3) an initial prescription of a psychotropic
					 medication or a change in dosage of a psychotropic medication, which includes
					 titration or discontinuation of the medication;
(4) significant events in school, including:
(A) a major change in school performance,
					 including any failing grade in a reporting period that jeopardizes the
					 student's advancement to the next grade level;
(B) a serious disciplinary event;
					 and
(C) any event for which the
					 school district is required by §
													25.007,
					 Texas Education Code, to provide notice to DFPS; and
(5) additional important events, including:
(A) a decision by the person authorized to
					 provide medical consent on behalf of the child pursuant to §
													266.004,
					 Texas Family Code, not to follow a medical recommendation, including
					 recommendations related to medication;
(B) an investigation by Residential
					 Child-Care Licensing or Child Protective Services of alleged abuse or neglect,
					 regardless of whether the subject child is alleged to have been the victim or
					 perpetrator of abuse or neglect;
(C) the use of emergency behavior
					 intervention, including personal restraints, emergency medication, seclusion,
					 mechanical restraints, or chemical restraints, if DFPS receives notice about
					 such use from the individual or entity who used the emergency behavior
					 intervention; and
(D) the
					 involvement of the child with law enforcement or juvenile justice, regardless
					 of whether the child is involved as a victim or alleged offender.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 2 - NOTICE OF SIGNIFICANT EVENTS › Section 700.1357 - Who must receive notice of significant events under this division?

Current through Reg. 49, No. 28; July 12, 2024
The following individuals and entities must receive
						notice of significant events under this division:
(1) the child's parent;
(2) an attorney ad litem appointed for the
					 child under Texas Family Code Chapter 107;
(3) a guardian ad litem appointed for the
					 child under Texas Family Code Chapter 107;
(4) a volunteer advocate appointed for the
					 child under Texas Family Code Chapter 107;
(5) the parent's attorney, if
					 applicable;
(6) the licensed
					 administrator of the child-placing agency responsible for placing the child or
					 the licensed administrator's designee;
(7) a foster parent, prospective adoptive
					 parent, relative of the child providing care to the child, or director of the
					 group home or general residential operation where the child is residing;
					 and
(8) any other person determined
					 by a court to have an interest in the child's welfare.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter M - SUBSTITUTE-CARE SERVICES › Division 2 - NOTICE OF SIGNIFICANT EVENTS › Section 700.1359 - When must notice of a significant event be provided?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsections (b) and
					 (c) of this section, notice of a significant event must be provided to the
					 parties enumerated in § 700.1357 of this title (relating to Who must
					 receive notice of significant events under this division?) as soon as possible,
					 but not later than the 10th day DFPS becomes aware of the event.
(b) Notwithstanding subsection (a) of this
					 section, DFPS shall make a reasonable effort to notify a child's parent within
					 24 hours of a significant change in the child's medical condition, the
					 enrollment or participation of the child in a drug research program under
					 §
											266.0041,
					 Texas Family Code, and an initial prescription of psychotropic
					 medication.
(c) Notwithstanding
					 subsection (a) of this section, except in a situation that constitutes an
					 emergency for which DFPS receives less than 48 hours of notice, DFPS shall
					 provide notice as soon as possible, but at a minimum at least 48 hours prior to
					 changing a child's residential child-care facility to the parties enumerated in
					 § 700.1357 of this title.
(d)
					 Nothing in subsection (c) shall be construed to relieve DFPS of its obligation
					 to comply with requirements for consulting with or providing discharge notices
					 to specified parties in accordance with §
											264.107 and
					 §
											264.120, Texas
					 Family Code, and any associated guidance, protocols or regulations that
					 currently exist or may subsequently be developed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 700 - CHILD PROTECTIVE SERVICES › Subchapter N - AIDS POLICIES FOR CHILDREN IN DFPS'S CONSERVATORSHIP › Section 700.1401 - When must a child in DFPS conservatorship be tested for HIV infection?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child in the
				  conservatorship of DFPS should be tested for HIV infection in accordance with
				  the Texas Health Steps Medical Checkup Periodicity Schedule, Comprehensive
				  Health Screening, or at any other time the child's health-care provider
				  determines the test is medically indicated.
(b) DFPS must request that the health-care
				  provider test the child for HIV infection if the child has a history of sexual
				  abuse or other risk factor, or if the child requests to be tested.