2234.4 Criteria for Parental Child Safety Placements
CPS April 2011
A parental child safety placement (PCSP) is a temporary out-of-home placement made by a parent when CPS determines that the child is not safe remaining in his or her own home. CPS may offer the parents the option of placing the child out of the home as an alternative to DFPS petitioning for court-ordered removal of the child.
A PCSP may be made by a child’s parents or legal guardian. PCSPs may not be made if a parent or a person with legal guardianship is not available to make the placement decision.
Parental child safety placements should always support reunification with the parent or legal guardian. If, during the course of the case, the caregiver indicates that he or she no longer supports reunification, then the caseworker must work with the parent and the caregiver to help resolve the issue.
The selected parental child safety placement caregiver must either be:
• a relative by blood or marriage; or
• a fictive kin who has a longstanding and significant relationship with the child or the child’s family.
If a parent continues to live with the child, the living arrangement is not considered to be a PCSP.
Out-of-State Parental Child Safety Placements
Parents who are involved in a CPS investigation may make an out-of-state PCSP in cases that allege abuse or neglect in Texas if:
• a caseworker (Texas caseworker with the permission of the other state, or caseworker from the receiving state) can see the out-of-state caregiver’s home before the PCSP is made;
• a caseworker (Texas caseworker with the permission of the other state, or caseworker from the receiving state) can see the child and PCSP caregiver at a minimum of monthly during the PCSP;
• CPS and criminal history checks can be obtained from the receiving state before the PCSP is made;
• the PCSP follows all the guidelines in 2234.4 Parental Child Safety Placements; and
• the receiving state is in agreement with the PCSP being made.
When a PCSP Is Appropriate to Use
A caseworker may use a PCSP when these circumstances exist:
• A safety threat is identified.
• A child is vulnerable to the threat.
• The parent has insufficient protective capacities to keep the child safe.
• It is anticipated that no removal is necessary (see 2234.41 When a Removal Is More Appropriate Than a Parental Child Safety Placement) because the child can be made safe in the home in a reasonably short time period (generally one to 90 days).
• The parent is willing to work to eliminate identified safety threats or enhance his or her protective capacity, or both.
• The parent is willing and able to abide by a safety plan that conforms with 2234.45 Developing Plans for a Parental Child Safety Placement. And,
• A relative or fictive kin caregiver has been identified, has passed all background and safety checks, and is willing to help.
The caseworker must assess the safety and appropriateness of the placement for the child by completing an evaluation of the home and the persons living in the home. In 2234.42 Considerations and Tasks to Complete Before the Parental Child Safety Placement Occurs, see the subheading Caseworker Responsibilities and Conducting Safety Checks for Out-of-Region or Out-of-County PCSPs.
2234.41 When a Removal Is More Appropriate Than a Parental Child Safety Placement
CPS April 2011
In some circumstances a removal would be more appropriate than a PCSP. Examples include cases that involve:
• serious injury or abuse, such as:
• Shaken Baby Syndrome,
• multiple injuries, including broken bones,
• a sexual abuse case in which the alleged perpetrator continues to have unsupervised access to the victim or it appears likely the alleged perpetrator will gain unsupervised access to the victim because the other adults in the case are reluctant to limit access,
• any serious abuse or neglect case in which the alleged perpetrator continues to have unsupervised access to the victim or it appears likely the alleged perpetrator will gain unsupervised access to the victim because the other adults in the case are reluctant to limit access,
• a clear indication that serious abuse or neglect has occurred and CPS is unable to determine who the alleged perpetrator is;
• where the family would be ineligible for family-based safety services (FBSS) for the reasons listed in 3312.1 Criteria for Regular FBSS, such as:
• safety threats and diminished parental protective capacity exist that cannot be resolved in a short period of time (one to 90 days),
• prior FBSS history involving abuse or neglect, drug abuse, or domestic violence where services were offered, but the parents demonstrate no behavioral changes or enhanced protective capacities,
• prior history indicating that the parent has previously violated the conditions of a PCSP,
• inability to locate a parent or legal guardian who could facilitate a PCSP,
• inability to find a PCSP caregiver that can keep the child safe (for example, PCSP caregiver has violated the safety plan),
• the parent has limited protective capacity and no amount of services can remedy this, safety threats exist, and the child is vulnerable. This includes parents who are psychotic or sociopathic or who have severe intellectual disabilities.
Documentation must provide details about the safety threat that exists, what behaviors of the parents are out of control, any concerns about the parents’ protective capacities, what makes the child vulnerable to the safety threat, and any other issues that would prevent the child’s return to his or her parental home.
When a PCSP Should Not Be Made:
Caseworkers remove children rather than arrange a PCSP when:
• removal is the more appropriate decision, such as when it is not possible for the family to make changes within 90 days that will ensure the safety of the child;
• identifying information is not available for the caregiver (see 2234.43 Conducting Criminal Background Checks for Parental Child Safety Placements and 2234.44 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements);
• the caregiver’s home is not safe or he or she cannot commit to work with the parents or keep the child safe, or both;
• a parent or legal guardian is not available to make the placement decision.
2234.42 Considerations and Tasks to Complete Before the Parental Child Safety Placement Occurs
CPS April 2011
A PCSP is short term and temporary. It should last anywhere from one to 90 days. PCSPs are kept to the minimum amount of time necessary to ensure the safety of the child.
The PCSP may only be extended in the limited circumstances provided by 2234.46 Ongoing Assessment of the Parental Child Safety Placement under the subheading Extending a PCSP.
Parental Responsibility During Transition to the Proposed Placement Plan
The parents must be willing to give the caregiver information that the caregiver will need to care for the child. CPS can share information that is necessary for the caregiver to meet the child’s needs as provided in the Texas Family Code, §261.201(f-1). However, it is still important that the parents understand and acknowledge the reasons for CPS involvement. When possible, the parents (rather than CPS) should discuss the proposed placement plan with the child to help the child understand and transition to the caregiver’s home.
The parents agree to leave the child in the placement for the time period of the safety plan.
Parents must be willing and able to abide by the safety plan.
Caseworker Responsibilities
Before Placement Is Pursued or Implemented
Before finalizing arrangements with a parent to place his or her child outside of the home, the caseworker must:
1. secure and assess a criminal history check on all adult members and youths ages 14 and older in the household where the child is to be placed. See 2234.43 Conducting Criminal Background Checks for Parental Child Safety Placements;
2. complete and assess an abuse or neglect background check on every person age 14 and older in the household in which the child is to be placed to determine whether anyone in the home has been involved in a previous report of child abuse or neglect. See 2234.44 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements;
3. visit the potential caregivers’ home and make an assessment of their ability to keep the child safe;
4. complete a safety plan with the parent. See 2234.45 Developing Plans for a Parental Child Safety Placement; and
5. complete with the parent the Parent/Caregiver Agreement for Parental Child Safety Placement form (in 2234.45 Developing Plans for a Parental Child Safety Placement, see the subhead Parent and Caregiver Agreement for Parental Child Safety Placement).
All information gathered must be documented in a contact narrative in IMPACT whether or not the PCSP is approved for placement.
At the Time of Placement or Immediately Before Placement
The caseworker must:
1. physically inspect and assess the premises of the proposed placement before the child is placed in the home or at the same time the child is placed into the proposed caregiver’s home. Specifically, the caseworker should ensure that:
• there are no conditions in the home that would pose a safety threat to the child,
• the home can accommodate safe sleeping arrangements for the child,
• there is no indication of other persons living in the home that CPS is unaware of, and
• the child’s basic needs can be met in the home, including that the caregiver’s home has working utilities.
2. interview the proposed caregiver to assess whether or not the child would be safe in the caregiver’s home. The caseworker must discuss and assess the following issues with the potential caregiver:
• Financial ability to care for the child, including any financial support the parents will provide to enable the caregiver to care for the child
• Knowledge about the circumstances surrounding the PCSP
• Ability to meet the child’s needs
• The commitment as the caregiver
• Whether the caregiver can be supportive of the parents and still keep the child safe
3. obtain the caregiver’s agreement to perform the following actions during the CPS case:
• Protect and care for the child
• Work with CPS and the child’s family
• Notify CPS immediately if the child’s parents violate the terms of the PCSP agreement or the safety plan, or a parent moves the child out of the caregiver’s home
• Notify CPS immediately if the caregiver is unable to continue caring for the child
4. obtain the caregiver’s input and signature on Form 2298, Agreement for Parental Child Safety Placement.
5. provide the caregiver with a copy of the Voluntary Caregiver Manual.
All information gathered must be documented in a contact narrative in IMPACT whether or not the PCSP is approved for placement.
Within 24 Hours of Implementing the PCSP
The caseworker must make collateral contacts to further assess the appropriateness of the caregiver. Collaterals must be contacted before the placement when possible, but in all circumstances contacts must be completed no later than 24 hours after the placement is made.
All information gathered must be documented in a contact narrative in IMPACT whether or not the PCSP is approved for placement.
Documenting the PCSP
All case activities must be documented in the IMPACT case record.
Investigations staff document the parental child safety placement on the Investigations Conclusion page in IMPACT.
Changes in PCSP placement must also be documented on the Investigations Conclusion page.
Conducting Safety Checks for Out-of-Region or Out-of-County PCSPs
PCSPs are made to facilitate child safety and therefore must be handled immediately.
When PCSPs that cross regional or interregional management structures are being considered, all components of the safety checks must be completed as described in this item. Criminal and abuse and neglect background checks must be completed and assessed by the requesting unit before the receiving region or county is asked to make an in-person assessment of the caregiver’s home. See:
2234.43 Conducting Criminal Background Checks for Parental Child Safety Placements
2234.44 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements
In all regions, the night on-call supervisor is the person responsible for accepting requests for in-person assessments and interviews made after normal work hours. During office hours, the router is the person responsible for accepting these requests. Regions have the responsibility for determining who in their region makes the contact to assess the home of the caregiver and conduct interviews to assess the caregiver’s understanding of the PCSP process.
Responsibilities are as follows:
| Requesting Unit or Region |
Receiving Unit or Region |
|---|---|
Conducting history checks Making collateral calls Completing the safety plan Facilitating the discussion for the Agreement for Parental Child Safety Placement Form 2298 Obtaining the parent signature on the Agreement for Parental Child Safety Placement form |
Inspecting the home Interviewing the prospective caregiver and ensuring his or her understanding of the PCSP Obtaining the caregiver signature on the Agreement for Parental Child Safety Placement form Providing the caregiver with the Voluntary Caregiver Manual |
Approval and Consultation
The supervisor must consult with the program director before a PCSP is made. If the program director is in agreement with the PCSP, the supervisor must approve the safety plan that incorporates the PCSP.
If the parent or caregiver decides to discontinue the placement without CPS concurrence, the caseworker must discuss the parent’s or caregiver’s intent or action with the supervisor as soon as possible to determine the appropriate case action to provide for the child’s safety.
2234.43 Conducting Criminal Background Checks for Parental Child Safety Placements
CPS April 2011
When a parent is willing to place a child with a relative or fictive kin for safety purposes, the caseworker must obtain criminal history information on everyone in the household over age 14 from the Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI), if applicable, before the placement.
Verifying Caregivers’ and Household Members’ Identities
The caseworker must obtain all the names, including any aliases and maiden names that members of this household have ever gone by, to complete a thorough criminal history check.
The caseworker must verify the spelling of the names, and obtain dates of birth and Social Security numbers. To verify the criminal history check, the caseworker must obtain a driver’s license number.
If a person does not have a driver’s license, a state or federal identification card from either the United States or another country is acceptable if it includes the person’s photograph and a criminal history can be obtained based on the information it contains. If a person does not have an acceptable form of identification, the placement cannot be made.
DPS Records Check
For every member of the household 14 years or older, the caseworker generates the DPS criminal background check request on the Record Checks page in IMPACT or makes the request through the Expedited Background Check (EBC) Unit, when applicable.
See:
1800 Record Checks
2264 Expedited Background Checks for Emergency Placements
FBI Records Check
If an adult household member in the parental child safety placement household has lived out-of-state within the last three years, or if the caseworker has reason to suspect a criminal history in another state, the caseworker must obtain an FBI records check on the person before placement is allowed.
See:
1812 FBI Records Checks (for routine methods of obtaining FBI records checks)
2264 Expedited Background Checks for Emergency Placements (for expedited methods of obtaining FBI records checks)
See Appendix 7240: Instructions for Obtaining and Processing FBI Fingerprint Cards, and:
• for additional information on how to complete and process routine requests for fingerprint-based FBI records checks; and
• for expedited national criminal history checks with delayed submission of fingerprint cards.
Confidentiality of Criminal Records
Caseworkers should not reveal information to the parent regarding any household members’ criminal histories. See 1800 Record Checks for information regarding penalties for unauthorized use, disclosure, or release of criminal history information.
Assessing Criminal History
Any criminal history must be evaluated for its relevance to the safety of the child to be placed in the home. Depending on the type of offense, the conviction will be either a permanent bar to placement, a temporary bar to placement, or an event that does not automatically preclude a placement but must be assessed in relation to child safety.
Category A: Offenses That Permanently Preclude a PCSP
A PCSP may not be made if a check reveals a felony conviction for any of the following:
Child abuse or neglect
Spousal abuse
A crime against children (including child pornography)
A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
See the Adoption and Safe Families Act, as enacted and amended at 42 USC §671(a)(20).
Category B: Offenses That Temporarily Preclude a PCSP
If there is a felony conviction in the last five years for physical assault, battery, robbery, or any felony drug or alcohol-related offense, the PCSP may not be approved. If the conviction occurred more than five years ago, or is a misdemeanor conviction, the history is treated as a Category C offense.
Category C: Offenses That Preclude a PCSP Without Additional Evaluation
When a criminal history is discovered that does not fit in Category A or B, the caseworker must evaluate and document this information as it relates to child safety. Evaluations must include:
• an explanation of the facts and circumstances of the offense gathered from offense reports, in addition to any self-report;
• when the offense occurred;
• any pattern of conduct that poses a threat to child safety; and
• what has happened since the crime or crimes that may mitigate concerns about making a PCSP.
Safety of the placement must always be a foremost consideration as this evaluation takes place.
When sufficient information cannot be obtained to determine whether safety concerns are mitigated, placement should not be made.
When the evaluation indicates that there are no current safety concerns, staff obtain program director approval for the placement.
Determining the Proper Category for a Conviction
The list of Texas offenses that correspond to Categories A and B are in Appendix 2234.43: Conducting Criminal Background Checks for Parental Child Safety Placements. Any offense not listed should be evaluated for the purpose of child safety as specified under Category C: Offenses That Preclude a PCSP Without Additional Evaluation
Consequences of a Relevant Criminal History
If a proposed PCSP will not be approved because of a household member’s criminal history, the caseworker informs the parent that the child cannot be placed in the PCSP. The caseworker does not disclose the details of the confidential criminal history check to the parent. If the parent does not find another placement for the child, the caseworker explains to the parent that the consequence may be a request by CPS for a court order to remove the child from the parent’s custody and give DFPS custody.
Warning the Potential Caregiver
When either a potential caregiver or a household member has a criminal history, the caseworker must warn the potential caregiver that if they are approved for a PCSP, the approval is only for that purpose. If the parent is unable to develop a safe environment for the child and the child goes into DFPS conservatorship, the PCSP caregiver may not be eligible to foster or adopt and may not be eligible for any financial aid through the foster/adopt programs or the kinship program. There is no guarantee that a placement approved as a PCSP will be approved as a kinship placement or foster or adoptive home if a removal is conducted in the case.
See Appendix 2234.43: Conducting Criminal Background Checks for Parental Child Safety Placements.
2234.44 Conducting Abuse and Neglect Background Checks for Parental Child Safety Placements
CPS April 2011
Before accepting the parent’s choice of a proposed parental child safety placement (PCSP), the caseworker conducts an IMPACT inquiry regarding the abuse and neglect history of any persons over age 14 who reside in the home.
Under appropriate circumstances, the caseworker may call on the Expedited Background Check Unit for assistance with emergency placements. See 2264 Expedited Background Checks For Emergency Placements.
The caseworker must obtain all the names, including any aliases and maiden names that members of this household have ever gone by, to complete a thorough abuse and neglect background check. The caseworker must verify the spelling of the names. Methods for verifying identity are noted in 2234.43 Conducting Criminal Background Checks for Parental Child Safety Placements.
The caseworker must determine whether any household members have lived in other states before living in Texas. If anyone in the household age 14 or older has previously lived outside Texas, those states must be contacted to determine if the person had CPS involvement in the other state.
Consequences of a Child Abuse or Neglect History
The caseworker assesses the abuse or neglect history to determine whether it poses a risk to the health and safety of the child.
When reviewing case history, if the prospective caregiver has:
• a case with a disposition of Reason to Believe (RTB), and the family is being considered after supervisory review of the case, then the case must be reviewed by the program director. The program director makes the decision as to whether the child would be safe in this placement. If there is a sexual abuse or physical abuse history of anyone in the home, documentation must include a statement as to how the child is safe and why this person would not be a continuing threat to the child. In addition, the caregiver must be warned that if this case should become a conservatorship case, he or she would not be eligible for any financial assistance and may be barred from ever adopting.
• a case with a disposition of Ruled Out / Unable to Determine (RO/UTD) requires a supervisory review and decision that the issues in the case would not affect the safety of the child being placed.
• a case with a disposition of Unable to Complete (UTC).Placement may not be authorized until the investigation is complete. See 2224.36 When a Subsequent Intake Is Received for a Family With a Previous Unable to Complete Investigation (Close – Family Moved/Cannot Locate).
If it is determined that the history of the proposed caregiver poses a safety issue for the child, CPS must inform the parent that the child may not be placed in the PCSP without disclosing any confidential information to the parent.
At this time, further placement possibilities must be explored. If the parent refuses to find or is unable to find another placement for the child, the caseworker explains to the parent that the consequence may be a request for a court order to remove the child from the parent’s custody and give custody to DFPS.
2234.45 Developing Plans for a Parental Child Safety Placement
CPS April 2011
Safety Plan
Once CPS has determined that a parental child safety placement (PCSP) is necessary and appropriate, the parents and CPS must develop a safety plan to document the safety issues. See 2234.33 Developing a Safety Plan.
The caseworker discusses with the parents and caregiver their respective roles and responsibilities to ensure the child’s safety.
The caseworker gives a copy of the written safety plan to the parents and to the caregiver, and files the original in the paper case record.
Parent and Caregiver Agreement for Parental Child Safety Placement
Once a PCSP has been designated by the parent and has been assessed to be safe for the child:
• CPS approves the agreement about the specific details of this placement;
• provides the caregiver with the Voluntary Caregiver Manual; and
• the parent and caregiver enter into the agreement.
This agreement is completed before or at the time of the placement. Information about the placement must be entered on Form 2298, Agreement for Parental Child Safety Placement. The following fields must be completed:
• Explanation to the parent and caregiver about the reason for a PCSP
• Voluntary caregiver’s and parent’s agreement for contact with the child with the understanding that parents have a right to see their children as long as the child’s safety can be ensured
• The caseworker’s role is to facilitate the agreement between the parent and the caregiver, assess whether it is safe for the child to visit with the parent, determine whether the PCSP will meet the needs of the child, and assist with defining any conditions or restrictions before approving the agreement.
• The parent and child contact plan is developed by the parent and the caregiver, with CPS assessing the plan for any safety issues and approving the plan. The caregiver may be able to monitor these visitations if he or she is in agreement with the plan and can reasonably ensure the child’s safety.
• Contact plans must not violate court-ordered visitation unless all parents agree in writing to voluntarily forego their scheduled visitation. See 2234.33 Developing a Safety Plan. The caregivers and caseworker should be aware that the parent can revoke his or her voluntary modification of visitation at any time.
• Detailed explanation of the roles and responsibilities of the PCSP caregiver during the placement
• Plan for meeting the child’s needs, such as medical, educational, and so on
• Date the PCSP ends unless terminated sooner or extended as provided in 2234.46 Ongoing Assessment of the Parental Child Safety Placement
• Date the Voluntary Caregiver Manual was provided to the PCSP caregiver
• Date the completed PCSP Form 2298 was given to the parents and caregiver
• CPS’s role and responsibilities during the PCSP, including whether CPS will monitor any visits between the child and the parent, the frequency of caseworker visits, and any other services that CPS will provide to support the PCSP.
This form must be completed in its entirety and should be written so that the parent and caregiver can understand their respective responsibilities.
Once completed, the form must be signed by the parent(s), caregiver, caseworker, and supervisor. Verbal approval by the program director must be documented.
Re-Evaluation of the Parent and Caregiver Agreement for Parental Child Safety Placement
The Agreement for Parental Child Safety Placement (Form 2298) should be re-evaluated every 30 days from the time the child enters the PCSP. The parent and caregiver must be involved each time in the assessment and evaluation of progress, with CPS approving the agreement. A new Form 2298 must be completed as a result of this re-evaluation if there are changes to the agreement before the 90th day. If the PCSP goes beyond 90 days, see section 2234.46 Ongoing Assessment of the Parental Child Safety Placement (PSCP), under the subheading Extending a PCSP Past 90 Days.
Making and Supporting the PCSP
Implementing the PCSP
It is the preferred practice for the family to initiate and implement the actual placement. However, with supervisory approval, the caseworker may assist the family when the assistance can be reasonably accommodated, and:
• is requested for an emergency;
• is necessary to ensure child safety; or
• is necessary to make a reasonable effort to prevent removal.
The caseworker may assist with such tasks as making phone calls and providing transportation (with parental consent or when accompanied by a parent). See 2247 Overview of Transporting a Child During an Investigation.
The caseworker must document in IMPACT why the parent was unable to transport the child and that the parent gave consent for the caseworker to transport the child.
Contact Requirements for Parental Child Safety Placements
Caseworkers must make face-to-face contacts with the parents, caregivers, and children a minimum of every 10 days while the case is in the investigation stage.
Out-of-Region or Out-of-County PCSPs
PCSPs are made to facilitate child safety and therefore must continue to be assessed.
When PCSPs that cross regional or interregional management structures have been made, all components of the ongoing assessment must be completed as described in this item.
Use of the Authorization Agreement for Nonparent Relatives
The Authorization Agreement for Nonparent Relatives, Form 2638, was established to allow parents to designate certain relatives to be authorized to provide for specific needs for a child in the care of that relative. This form was created for all parents, not specifically for CPS clients. By law, the agreement may only be entered into by the child’s parent and the child’s grandparent, adult sibling, or adult aunt or uncle. The agreement may not be modified for use with any other relative or acquaintances.
The caseworker may inform the parent of the Authorization Agreement for Nonparent Relatives, but must not require or otherwise try to convince the parent or caregiver to use this form. This form is not required for a PCSP, but may be used if the parent and relative decide this is appropriate.
The willingness of a parent and the caregiver to use this form may not be considered as the basis for closing a case, because the agreement is a resource, not a safety tool, and can be revoked at any time by either the parent or caregiver. Please see the Frequently Asked Questions document for more answers on the use of Form 2638 FAQs on Authorization Agreements for Nonparent Relative.
2234.46 Ongoing Assessment of the Parental Child Safety Placement (PSCP)
CPS April 2011
The supervisor must consult with the caseworker regarding the need to continue the PCSP a minimum of every 30 days from the initiation of the PCSP until either the end of the PCSP or case closure.
The safety of the child is the primary objective throughout a parental child safety placement.
As part of the case decision-making process either before the safety plan expires or during the case transfer process, the caseworker continually assesses:
• the safety threats in the parent’s home; and
• the protective capacity of the parent to manage any existing safety threats to a vulnerable child in the home.
The caseworker carefully considers the safety threats, parent’s protective capacity, and vulnerability of the child and consults with the supervisor to determine whether the child can return home safely or whether other case actions are needed.
Extending a PCSP Past 90 Days
The requirements for the review process are as follows:
• If it is necessary to continue the PCSP beyond 90 days, the supervisor provides the reasons for the PCSP to continue in consultation with the program director (PD) or risk manager before the expiration of the 90 days. At this point in the case, a discussion with the family must occur that explains the decision by DFPS and secures their agreement with the decision. If the parent and the caregiver are in agreement then the Agreement for Parental Child Safety Placement, Form 2298, must be reassessed and updated on a new form. If the family does not agree, the case should be assessed for possible legal action. The caseworker documents the discussion and outcome.
• A PCSP may not continue beyond six months, unless staff receive written approval from the program administrator (PA) to continue the PCSP. If the case extends beyond six months, a discussion with the family must occur that explains the decision by DFPS and secures their agreement with the decision. If the parent and the caregiver are in agreement, then Form 2298 must be reassessed and updated on a new form. If the family does not agree, the case must be assessed for possible legal action. The caseworker documents the discussion and outcome.
• The caseworker is required to meet with the parents and PCSP caregivers before the scheduled CPS consultations to give the parents and caregivers the opportunity to recommit to or discontinue a PCSP after being informed of the potential consequences of each scenario. These meetings are an opportunity for the caseworker to revisit the purpose of the PCSP or to clarify issues and concerns with both the parents and the PCSP caregiver.
Change in PCSP Caregiver Requested by the Parent
Parental child safety placements must always take the well-being of the child into consideration. Numerous placements are not conducive to the child’s emotional well-being, and a parent’s request for a change in placement must be explored with the parent.
During the case, if a parent requests more than two changes in caregivers, then:
• a program director (PD) must be consulted to help determine the case direction; and
• the PD’s approval is required for placement with a subsequent (third) PCSP caregiver.
The PD is responsible for assessing whether a PCSP will continue to be beneficial for the child and the parent, or whether legal intervention is necessary.
2234.47 Closing a Case Involving a Parental Child Safety Placement
CPS April 2011
Returning a Child From a PCSP to the Parent’s Home
Once a child is in a PCSP, careful consideration must be given as to how and when the child returns to the parent’s home. See 2234.46 Ongoing Assessment of the Parental Child Safety Placement. Before returning a child home, all of the following must occur:
• Consultation with the caregiver and parent regarding potential reunification with discussion regarding their expectations of the child returning home
• Consideration of the child’s best interest in regard to multiple children being returned simultaneously or at varying times
• Consultation that includes the program director (PD) or risk manager (as designated by the region) to develop a plan for the process of returning home. The plan includes:
• how quickly and with what frequency the caseworker must see the family after the child is returned to the home, and
• whether it is safe to close the case without monitoring. This is normally only approved when the child has been out of the home less than 30 days.
The caseworker documents the discussion, addressing any other concerns that may be pertinent to the case.
Returning the Child to a Different Parent or Legal Guardian
The caseworker should make every attempt possible to return the child to the parent who placed the child with the caregiver. If this is not possible, or the placing parent is in agreement, the child may be returned to a parent or person legally entitled to possession of the child as appropriate.
The process described in this item under the subheading Returning a Child From a PCSP to the Parent’s Home must be followed.
Case Closure With an Open PCSP
In general, cases are not closed with a PCSP in place. Limited exceptions may occur with documented approval from the program administrator (PA) or regional director (RD). See the following exceptions for case closure.
Parents Have Disappeared
The parents have disappeared, and a thorough search for the parents has not been successful. In this circumstance, all of the following must be completed by the caseworker before case closure:
• Ensure that the caregiver is willing to continue the PCSP without CPS involvement.
• Hold a consultation that includes the supervisor and PD to ensure all efforts to find the family have been made and to assess whether CPS can or should take legal action on this case before closure.
• If, after the consultation, CPS determines it is appropriate to seek legal action, an affidavit must be written and presented to the attorney who represents CPS in court. The affidavit must include the safety threat(s), all the services provided to the parent (if any), the status of the parent’s protective capacity, and the lack of behavioral changes by the parent that continue to leave the child unsafe if he or she is returned home.
• Consult with the attorney representing CPS in court, the supervisor, and PD.
• If it is determined that there are no grounds for removal, then the case closure is discussed with the PA or RD.
Parent Declines Services
If a parent declines services or makes a decision to discontinue services and wants the PCSP caregiver to continue caring for the child, the caseworker must:
• make the parent aware of the Authorization Agreement for Nonparent Relatives Form 2638, if the caregiver meets the requirements to use the form;
• ensure that the caregiver is willing to continue the PCSP without CPS involvement;
• present an affidavit to the CPS attorney if, after the consultation, CPS determines it is appropriate to seek legal action. The affidavit must include the safety threats, all the services provided to the parent (if any), the status of the parent’s protective capacity, and the lack of behavioral changes by the parent which continue to leave the child unsafe if he or she is returned home;
• consult with the attorney representing CPS in court, the supervisor, and the PD if legal action is possible; and
• consult with the PA or RD regarding case closure if there are no grounds for removal.
Parents Are Incarcerated
If the parents are incarcerated or are going to be incarcerated, the caseworker:
• determines whether the PCSP has adequate community resources, such as the ability to obtain an Authorization Agreement for Nonparent Relative from one of the parents for the child (see the subheading Making and Supporting a PCSP in 2234.45 Developing Plans for a Parental Child Safety Placement);
• ensures that the caregiver is willing to continue the PCSP without CPS involvement;
• holds a conference that includes the supervisor and PD to assess whether CPS can take legal action on this case before closure;
• presents an affidavit to the CPS attorney if, after the conference, CPS determines it is appropriate to seek legal action. The affidavit must include the safety threat(s), all the services provided to the parent (if any), the status of the parent’s protective capacity, and the lack of behavioral changes by the parent that continues to leave the child unsafe if he or she is returned home;
• consults with the attorney representing CPS in court, the supervisor, and the PD if legal action is possible; and
• consults with the PA or RD regarding case closure if there are no grounds for removal.
Cases with children remaining in out-of-state PCSP’s should not be closed unless they meet the requirement in this item under the subheading Case Closure With an Open PCSP and the receiving state has agreed to the closure.