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6200 Case Planning for Positive Permanency

6210 Overview of Case Planning

CPS May 2019

The case plan identifies a child’s short-term and long-term needs and contains plans to address these needs.

The elements of the case plan include the following:

  •  The permanency plan.

  •  Assessments of the child’s and family’s strengths and needs.

  •  Identification of services for the child and family.

  •  The Child’s Plan of Service (CPOS) and one or more Family Plans of Service (FPOS).

  •  The medical plan and any other information related to meeting the child’s medical needs.

  •  The education stability plan and any other information related to meeting the child’s educational needs.

  •  The actions that the caseworker needs to take to meet the child’s needs for the following:

  •  Health and safety.

  •  A safe place to live.

  •  Education.

  •  Medical or mental health treatment.

  •  Normalcy.

  •  Transitioning to successful adulthood.

  •  Connections to others.

  •  Any other documents or information related to meeting the child’s needs.

6211 Requirements to Produce a Case Plan

CPS February 2017

Federal law requires CPS to establish a written case plan for each child in care. See the Permanency Planning Resource Guide under Federal Case Planning Requirements.

The Texas Family Code also contains requirements for the family service plan.

Texas Family Code, Chapter 263, Subchapter B

For children in placements that are regulated by Child Care Licensing, the minimum standards contain service planning requirements. See:

Minimum Standards for General Residential Operations 26 TAC Chapter 748

Minimum Standards for Child-Placing Agencies 26 TAC Chapter 749

6212 Permanency Planning

CPS February 2017

See 6120 Initial and Ongoing Caseworker Activities and its subitems for information about immediate conservatorship (CVS) caseworker actions regarding case transfer from investigations, notification to relatives, and visitation.

For general information on permanency and permanency planning, see the Permanency Planning Resource Guide.

Permanency refers to a child exiting from CPS care into an appropriate, permanent setting.

CPS’s goal for children and youth in conservatorship is Positive Permanency. Positive Permanency is when a child or youth exits to:

  •  family reunification;

  •  adoption; or

  •  permanent managing conservatorship to another individual.

Planning for permanency begins the moment CPS removes a child from the home and places the child in substitute care, and does not end until a child exits CPS conservatorship, preferably to a permanent family setting.

6213 Concurrent Permanency Planning

CPS February 2017

Concurrent permanency planning is the process by which CPS pursues two different permanency goals simultaneously. Each case has a primary and an alternate permanency goal. Working on both outcomes at the same time allows the child to achieve positive permanency as quickly as possible.

CPS may make reasonable efforts to finalize an alternative permanency plan concurrently with reasonable efforts to reunify the child and family.

45 CFR §1356.21(b)(4)

A child’s permanency plan includes concurrent permanency goals consisting of a primary permanency goal and at least one alternate permanency goal.

Texas Family Code §263.3025(d)

6220 Permanency Planning Process

CPS February 2017

The permanency planning process is a required, ongoing process that CPS follows when providing services to children and families.

DFPS Rules, 40 TAC §700.1201

For information on identifying and choosing permanency planning goals, see the Permanency Planning Resource Guide.

6221 The Permanency Plan

CPS February 2017

All children receiving services in conservatorship must have a permanency plan. The permanency plan addresses the specific steps that are needed to pursue the identified permanency goal for the child. It consists of:

  •  the primary permanency planning goal for the child and one or more alternate permanency planning goals (see 6213 Concurrent Permanency Planning);

  •  the specific steps to be taken to achieve the goal or goals, with responsibilities and timeframes established for taking those steps; and

  •  a discussion of the efforts made to achieve the goal or goals.

DFPS Rules, 40 TAC §700.1202

Initially the permanency plan consists of the child and family plans of service.

6222 Reasonable Efforts

CPS February 2017

CPS must make reasonable efforts to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. In the permanency review hearings, the court determines whether the department has made reasonable efforts to finalize the permanency plan in effect for the child. Federal law requires the court to make this determination.

Social Security Act, Title IV-E, §471(a)(15)(B)(ii) and (C), §475(5)(C)

45 CFR §1356.21(b)(2)

Texas Family Code §§263.306 and 263.503

6230 Factors to Consider When Planning for Permanency

6231 Working with Family of Origin

CPS February 2017

To the extent possible, CPS tries to keep or place each child with relatives or people the child has known all his or her life (fictive kin), rather than placing the child with strangers. See the Services to Kinship Caregivers Resource Guide, under Definitions.

Because relatives and fictive kin are usually in a better position to meet a child’s needs for belonging, stability, and continuity of care than unrelated caregivers, CPS ordinarily gives relatives more consideration for permanent placement (either by adoption or permanent conservatorship) than adoption by strangers, alternative long-term care, or adult living.

CPS must make decisions regarding placement with relatives or fictive kin based on the relative or fictive kin caregiver’s capacity to protect the child from safety threats.

6232 Working Collaboratively

CPS February 2017

To achieve permanency as quickly as possible, the caseworker collaborates with the child’s parents, relatives, caregivers, and others involved with the child’s case.

See the Permanency Planning Resource Guide, under Factors to Consider When Planning for Permanency.

6233 Selecting the Permanency Goal

CPS February 2017

Before selecting the permanency goals, the caseworker must discuss them with:

  •  the child (if developmentally and age appropriate);

  •  parents (if parental rights have not been terminated); and

  •  the representatives in the case – that is, the appointed volunteer from the Texas Court-Appointed Special Advocates (Texas CASA), the child’s attorney ad litem and the child’s guardian ad litem.

The caseworker must also discuss the permanency goals with any of the following individuals who may be involved in the case:

  •  the child’s extended family;

  •  other significant people in the family’s life;

  •  the caregiver, including foster parent or facility staff;

  •  other professionals and specialists, both those involved with the case and others who may have knowledge or expertise about the issues in the case; and

  •  other CPS staff.

If the parent disagrees with the permanency goal, the caseworker must document the parent’s reasons for disagreeing. CPS can still select the permanency goal, even if a parent or other party disagrees.

When determining the best permanency goals for a child, the caseworker must consider the child’s best interest, long-term needs, and existing relationships, including the child’s need for:

  •  safety, permanency, and well-being;

  •  an enduring and nurturing family relationship;

  •  life-long relationship and support from being a part of a family unit; and

  •  a legal status that protects the child without CPS involvement.

6234 Prioritizing Permanency Goals

CPS February 2017

Federal and state laws outline four permanency goals. To provide additional specificity and clarity, CPS subdivides the acceptable permanency options into nine subsets. These subset goals are the ones shown in IMPACT.

42 U.S.C. §675(5)(C)

Texas Family Code §263.3026

The categories are as follows:

Federal Law/Texas Family Code

CPS (as found in Child Plan of Service in IMPACT)

Family Reunification

Family Reunification

Adoption

Alternative Family: Relative/Kinship Adoption

Alternative Family: Unrelated Adoption

Permanent Managing Conservatorship to a Relative or Suitable Individual

Alternative Family: Relative/Kinship Conservatorship

Alternative Family: Unrelated Conservatorship

Another Planned Permanent Living Arrangement (APPLA)

APPLA Family: Foster Family DFPS Conservatorship

APPLA Family: Other Family DFPS Conservatorship

APPLA Independent Living

APPLA Community Care

The caseworker must consider permanency goals in the following order of priority:

1.   Family Reunification

2.   Alt. Family: Relative/Kinship Adoption

3.   Alt. Family: Relative/Kinship Conservatorship

4.   Alt. Family: Unrelated Adoption

5.   Alt. Family: Unrelated Conservatorship

6.   APPLA Family: Foster Family DFPS Conservatorship

7.   APPLA Family: Other Family DFPS Conservatorship

8.   APPLA: Independent Living

9.   APPLA: Community Care

While this is the general order of priority, there are other factors that the caseworker must consider in assessing the goals, including a preference for existing relationships in the child’s life. Permanent placement with relatives or fictive kin takes priority over placement with persons who were not known to the child before coming into CPS conservatorship. See the Services to Kinship Caregivers Resource Guide, under Definitions.

After considering the factors that affect a child’s permanency planning goals, the caseworker selects the most appropriate goal not yet ruled out as the child’s primary permanency goal, and selects the next appropriate goal as the child’s concurrent goal. The concurrent goal may be the same as the primary goal but with a different subset of individuals.

Example:

The primary goal may be Alt. Family: Relative/Kinship Adoption and the concurrent goal may be Alt. Family: Unrelated Adoption. For children and youth in CPS permanent managing conservatorship, there may be times when only one goal is appropriate, such as Alt family: Relative/Kinship Adoption but with the subsets (the primary and concurrent plans) consisting of two different relatives.

6234.1 Family Reunification

CPS February 2017

The permanency goal of family reunification identifies a child’s own home as the safe and permanent living situation towards which CPS services are directed. When family reunification is the permanency goal CPS:

  •  has removed the child from the home;

  •  will provide services to the child, the child’s family, and the child’s temporary substitute caregiver; and

  •  has determined that the child’s parents are willing and, after completing services, able to provide the child with a safe living environment.

Family reunification may be with the parent from whom the child was removed or the parent who did not have custody at the time of removal.

6234.11 Exceptions to Planned Reunification

CPS February 2017

Family reunification should be the primary permanency goal for every child in substitute care except when a court has determined that reunification efforts are not necessary due to aggravated circumstances.

Texas Family Code §262.2015

See 6234.14 Aggravated Circumstances or Criminal Convictions.

In some cases, however, the court may also determine that no efforts are reasonable because the child’s parents:

  •  cannot be found despite due diligence; or

  •  have:

  •  executed an affidavit of relinquishment;

  •  had their parental rights terminated by the court; or

  •  been part of ongoing reunification efforts that are no longer consistent with meeting the child’s needs to achieve permanency.

6234.12 Priority of Family Reunification

CPS February 2017

Family reunification is the preferred primary permanency goal for every child in substitute care who is in CPS temporary managing conservatorship. However, it may not be an appropriate goal in certain circumstances.

In cases in which CPS has been awarded permanent managing conservatorship of the child, the caseworker must re-evaluate family reunification as a permanency option as appropriate to the circumstances of the case.

Examples

If a child or youth has been in care for a number of years, the safety threats present at the time of removal may no longer be a concern, given changes in the parent’s circumstances or the age of the child. Therefore, the worker would re-evaluate the situation to determine if family reunification is an appropriate permanency option.

In other cases circumstances surrounding the case or a particular family member may suggest an alternative goal or for different permanency goals for the child in relation to different family members.

6234.13 Parent’s Ability

CPS February 2017

Texas law requires that the caseworker must consider the following factors in determining whether a child’s parents are willing and able to provide a child with a safe environment. The same factors are useful in determining whether reunification is a permanency goal that serves the child’s best interest. Factors to consider are:

  •  the child’s age and physical and mental vulnerabilities;

  •  the frequency and nature of out-of-home placements;

  •  the magnitude, frequency, and circumstances of the harm to the child;

  •  whether the child has been the victim of repeated harm after the initial report and intervention by DFPS or another agency;

  •  whether the child is fearful of living in or returning to the child’s home;

  •  the results of psychiatric, psychological, or developmental evaluations of the child, the child’s parents, other family members, or others who have access to the child’s home;

  •  whether there is a history of abusive or assaultive conduct by the child’s family or others who have access to the child’s home;

  •  whether there is a history of substance abuse by the child’s family or others who have access to the child’s home;

  •  whether the perpetrator of the harm to the child is identified;

  •  the willingness and ability of the child’s family to seek out, accept, and complete counseling services and to cooperate with and facilitate an appropriate agency’s close supervision;

  •  the willingness and ability of the child’s family to effect positive environmental and personal changes within a reasonable period of time;

  •  whether the child’s family demonstrates adequate parenting skills, including providing the child and other children under the family’s care with:

  •  minimally adequate health and nutritional care;

  •  care, nurturance, and appropriate discipline consistent with the child’s physical and psychological development;

  •  guidance and supervision consistent with the child’s safety;

  •  a safe physical home environment;

  •  protection from repeated exposure to violence even though the violence may not be directed at the child; and

  •  an understanding of the child’s needs and capabilities; and

  •  whether an adequate social support system consisting of an extended family and friends is available to the child.

Texas Family Code §263.307(b)

6234.14 Aggravated Circumstances or Criminal Convictions

CPS February 2017

Under state and federal law, reunification is not required and CPS does not have to consider family reunification as a permanency goal or make reasonable efforts to return the child to a parent if:

  •  certain aggravated circumstances are present in the case; or

  •  one or both parents have been convicted of certain criminal offenses.

A finding of aggravated circumstances against one parent does not waive the requirement of a reunification plan with the other parent unless there is a finding on that other parent, as well.

6234.15 Other Factors

CPS February 2017

The court may also determine that efforts toward family reunification are not reasonable because:

  •  CPS cannot find the child’s parents despite due diligence;

  •  a court has terminated parental rights; or

  •  ongoing reunification efforts are no longer consistent with meeting the child’s needs to achieve permanency.

If family reunification is not an appropriate goal for the reasons discussed above, then the caseworker chooses between adoption and a transfer of conservatorship as the child’s primary permanency goal.

6234.16 Ruling Out Family Reunification

CPS February 2017

CPS may rule out family reunification if:

  •  reasonable efforts at reunification were made and the family is no longer willing or able to reduce the risk of abuse or neglect enough for the child to return home and live there safely for the foreseeable future; or

  •  reasonable efforts to reunify the family are not required because:

  •  a court determined that reunification is not necessary due to aggravated circumstances (Texas Family Code, §262.2015); or

  •  both parents have had their parental rights terminated, either voluntarily or involuntarily.

The specific efforts that must be made to reunify a family depend on the circumstances, and in some particularly egregious cases, the court may find that no efforts are reasonable.

See 6234.1 Family Reunification.

6234.2 Adoption

CPS February 2017

A permanency goal of adoption indicates that:

  •  CPS has removed the child from his or her home;

  •  family reunification is not appropriate;

  •  adoption is in the child’s best interest;

  •  CPS intends to pursue termination of parental rights to the child;

  •  a safe and permanent family living arrangement has been found or is being sought that is willing and able to:

  •  protect the child;

  •  assume long-term responsibility for the child’s care and upbringing; and

  •  adopt the child;

  •  CPS provides services to the child and the family where the child is placed until the case can be closed; and

  •  following the consummation of an adoption, the adoptive parents become the parents of the child for all purposes.

Texas Family Code §162.017

6234.21 Categories of Adoption

CPS February 2017

The categories of adoption include:

  •  Alt. Family: Relative/Kinship Adoption

  •  Alt. Family: Unrelated Adoption

Alt. Family Relative/Kinship Adoption is the preferred permanency goal if reunification is not possible. If a family member or fictive kin (see the Services to Kinship Caregivers Resource Guide, under Definitions) has been ruled out for both adoption and permanent managing conservatorship, the next best option for permanency is Alt. Family: Unrelated Adoption.

6234.22 Selecting Adoption

CPS February 2017

Adoption is the preferred permanency goal for all children who cannot be safely reunified with their family of origin. Staff should select adoption in an updated Plan of Service if staff intends to terminate parental rights and find an adoptive home for the child.

When selecting a goal of adoption, staff must consider:

  •  the child’s particular needs and wishes;

  •  the extent of bonding and attachment with the caregiver;

  •  the child’s need to maintain family connections;

  •  state and federal requirements related to placement with relatives; and

  •  other considerations related to the child’s best interest.

An adopted child may be eligible for adoption assistance and post-adoption services. See 1700 Adoption Assistance Program.

6234.23 Adoption vs. Conservatorship

CPS February 2017

The choice between adoption or conservatorship to a relative or suitable individual also depends on:

  •  the possibility or availability of suitable relatives or others who could be approved;

  •  whether parental rights can be or have been terminated;

  •  the desires of the child: and

  •  the interested family’s preference for a particular legal relationship with the child.

If CPS cannot overcome barriers to adoption by a relative or fictive kin, the next best option is permanent managing conservatorship by relatives or fictive kin. Permanency care assistance may be available if a relative or fictive kinship caregiver meets the eligibility requirements and subsequently becomes managing conservator of the child.

See 1600 Permanency Care Assistance and 6660 Kinship Caregivers Interested in Becoming Verified as Foster Parents.

Granting permanent conservatorship to an unrelated individual is the next best option when CPS has ruled out:

  •  adoption by a relative or fictive kin;

  •  permanent conservatorship to a relative or fictive kin; and

  •  adoption by an unrelated person.

For a discussion about the differences between adoption and permanent managing conservatorship, see the brochure Adoption or Permanent Managing Conservatorship. Also consider 6683 Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance.

For issues concerning adoption assistance and transferring permanent managing conservatorship to a caregiver, see 1711.8 Permanent Managing Conservatorship When Adoption Assistance Is Not Available.

6234.24 Ruling Out Family Reunification and Adoption Before Pursuing Permanency Care Assistance

CPS February 2017

To seek permanent managing conservatorship and permanency care assistance for a child’s relative or fictive kin caregiver, a caseworker must establish (with approval from his or her supervisor and program director) that:

  •  family reunification and adoption are not appropriate permanency options; and

  •  transferring permanent managing conservatorship to a relative with the support of permanency care assistance is in the child’s best interest.

The caseworker must document this determination in the child’s plan of service.

6234.3 Permanent Managing Conservatorship to a Relative or Suitable Individual

CPS February 2017

The permanency planning goal of permanent managing conservatorship to a relative or suitable individual indicates that:

  •  family reunification is not appropriate;

  •  adoption is not appropriate;

  •  the goal is in the child’s best interest;

  •  CPS is seeking or has identified a relative or suitable individual; and

  •  CPS plans to transfer conservatorship to the relative or suitable individual.

6234.4 Another Planned Permanent Living Arrangement

CPS February 2017

Another Planned Permanent Living Arrangement (APPLA) is the least preferred permanency goal. APPLA should be the youth’s primary permanency goal only when a youth is 16 and above and there is a compelling justification for why none of the other goals are in the youth’s best interest.

A permanency goal of APPLA means that a child will age into adulthood while in CPS conservatorship. Staff should not select this goal for a child unless the staff has considered and rejected the preferred permanency goals, and the caseworker can document a compelling justification why none of the other permanency goals are in the young person’s best interest.

Social Security Act, 42 USC §675(5)(C) and 42 CFR §1356.21(h)(3)

Texas Family Code §263.3026(b)

See also 6250 Prioritizing Permanency Goals.

The permanency goal of APPLA indicates that:

  •  the youth is age 16 or above;

  •  CPS has explored and ruled out preferred permanency goals (family reunification, adoption, permanent managing conservatorship (PMC) to a relative or other individual);

  •  there is a compelling reason why reunification, adoption, or a transfer of conservatorship are not appropriate permanency goals in the youth’s best interest; for example, the youth is very close to turning 18 years of age and has no desire for a legal relationship with another adult;

  •  the caseworker has documented  and continually updated the compelling reason for selecting APPLA in the youth’s case plan;

  •  the safe and permanent living situation towards which CPS services are directed is the independent living situation or the assisted community placement that the youth will live in when he or she leaves CPS care; and

  •  this option can best meet the youth’s best interests and long term needs.

6234.41 Categories of Another Planned Permanent Living Arrangement (APPLA)

CPS February 2017

The categories of APPLA are as follows:

APPLA: Other Family, DFPS Conservatorship

DFPS is awarded permanent custody of the child. The child would live in the least restrictive and most family-like setting possible (such as with fictive kin or a relative).

APPLA: Foster Family, DFPS Conservatorship

DFPS is awarded permanent custody of the child. The child would live in a foster home until he or she reaches adulthood.

APPLA: Independent Living

DFPS is awarded permanent custody of the youth. The youth lives in a setting other than a family setting, such as a foster group home, a residential treatment setting, or other institutional setting until he or she is age 18 and exits to an independent living situation.

APPLA: Community Care

DFPS is awarded permanent custody of a youth with an intellectual or developmental disability. The youth lives in a setting other than a family setting, such as an HCS home, or an institutional setting. When the youth reaches adulthood, a legal guardian will be needed to look after the youth’s well-being.

For detailed information about the services CPS provides to prepare a youth to live independently as an adult see 10200 Preparation for Adult Living.

6234.42 Selecting APPLA

CPS February 2017

CPS selects Another Planned Permanent Living Arrangement as a youth or young adult’s permanency-planning goal when CPS has:

  •  removed the youth or young adult from his or her home to protect him or her from abuse or neglect;

  •  ruled out all other preferred permanency goals;

  •  identified or is seeking a family or other caring adult to make a permanent commitment to support the youth or young adult, but that adult does not want to assume legal custody of the youth, and CPS either:

  •  prepares the youth or young adult to live independently when he or she ages out and leaves care as an adult; or

  •  makes arrangements for the youth or young adult to live with assistance in a community setting that can care for his or her special needs in adulthood.

6234.43 Identifying Support of a Family or Other Caring Adult

CPS February 2017

If the permanency goal is Another Planned Permanent Living Arrangement with a foster family or other family arrangement with CPS maintaining conservatorship, staff must take steps to review and consider other permanency options that would not involve the department maintaining conservatorship. Such steps may include:

  •  re-contacting relatives to review their interest and circumstances;

  •  revisiting the parent’s situation to determine if the safety threats are controlled; and

  •  identifying or strengthening support systems that could assist a parent or relative in caring for a child.

Staff works with the youth to identify a family or other caring adult with whom the youth can identify and have a sense of belonging. The family or caring adult must offer a safe, parental relationship and be supportive of the youth’s aging-out-of-care needs. Such families or adults may include a:

  •  youth’s biological family, relatives, or extended family;

  •  current or a former foster family;

  •  sponsor or mentor’s family; or

  •  faith-based support family.

6234.44 Reassessing APPLA as the Permanency Goal

CPS February 2017

Staff must consistently review other permanency options when the permanency goal includes CPS maintaining permanent managing conservatorship, to ensure that it is absolutely necessary and justified, and that no other goal is feasible or possible.

If staff selects a goal of Another Planned Permanent Living Arrangement (APPLA), the program director must initially approve the child’s service plan in IMPACT and approve it annually thereafter.

CPS reassesses the primary permanency goal of Another Planned Permanent Living Arrangement with each review of the child’s service plan. CPS must continue to have a compelling reason why one of the more preferred permanency options is not appropriate for the child. CPS must document the justification in each placement review report. This requirement is true for all permanency goals but is particularly crucial in the context of APPLA.

CPS changes the primary permanency goal to one of the preferred goals if circumstances change that would make the preferred goals of family reunification, adoption, or permanent managing conservatorship to a relative or other suitable individual more appropriate for the child, based on the criteria in 6234 Prioritizing Permanency Goals.

6235 Documenting the Permanency Plan

CPS February 2017

Staff must document the permanency plan in the:

  •  child’s service plan;

  •  family’s service plan, if a family stage is open; and

  •  permanency progress report to the court.

DFPS Rules, 40 TAC §700.1206

Staff must update the child and family service plans within 30 days whenever the permanency plan changes.

Court reports must reflect the current permanency plan. If the permanency plan changes at a court review, staff must update the plans of service to reflect the change.

6236 Approving the Permanency Plan

6236.1 Approving the Plan

CPS February 2017

The child’s caseworker and supervisor must agree, on a case-by-case basis, that the permanency plan is in the best interest of the child.

The permanency plan is approved when the supervisor approves the family’s service plan and child’s service plan in IMPACT. If the goal is Another Planned Permanent Living Arrangement (APPLA), the program director must approve the child’s service plan in IMPACT initially and annually thereafter.

6236.2 Presenting the Permanency Plan to the Court

CPS February 2017

The caseworker must submit the permanency plan to the court:

  •  in the family’s service plan, which is filed with the court before the status hearing; or

  •  in the court report for all permanency review hearings.

6236.3 Changing or Revising the Permanency Plan

CPS February 2017

CPS reviews the permanency goals when the child’s service plan is evaluated and updated, during permanency conferences or family group conferences, permanency hearings, and as needed. Staff must review the permanency plan no less than every 180 days.

DFPS Rules, 40 TAC §700.1205

If staff reviews the permanency plan and determines that it is inappropriate based on changing circumstances, staff must change the permanency plan and must update the child’s or family’s service plan to reflect the new permanency plan.

DFPS Rules, 40 TAC §700.1205(a)(b)

6237 Permanency Planning for Children with Intellectual or Developmental Disabilities in Institutional Settings

CPS February 2017

The Regional Developmental Disability Specialist must complete Form 6578 Permanency Planning Instrument (PPI), to assist in permanency planning for youth with intellectual or development disabilities living in General Residential Operations (GROs).

The assigned developmental disability specialist must send the PPI, along with the current child service plan, to the service program administrator and state office developmental disability specialist (DDS) for review.

The assigned Developmental Disability Specialist must review the PPI every six months.

Texas Government Code §531.159

The program director must review and approve the plan at each review.

6237.1 Time Frames for Permanent Family Placements in Temporary Managing Conservatorship

CPS February 2017

Staff must make every effort to reunify or place children in permanent family placements within 12 months from the date a child enters care. The court dismisses the suit at the 12-month mark unless the court finds extraordinary circumstances and extends the deadline for up to six months.

6240 Case Planning

6241 The Child’s Plan of Service (CPOS)

CPS May 2019

The Child’s Plan of Service (CPOS) addresses, at a minimum, all federal requirements for case plans that the Family Plan of Service (FPOS) does not address. The initial CPOS and the CPOS reviews in IMPACT contain these requirements.

The CPOS is required to include any recommendations from the following:

  •  The Child and Adolescent Needs and Strengths (CANS) assessment for children age 3 and older.

  •  The Family Strengths and Needs Assessment (FSNA).

If the child lives in a residential child care facility that DFPS regulates, the CPOS incorporates the facility’s service plan for the child.

DFPS develops the CPOS in coordination and collaboration with all people involved in the child’s life who have a stake in the child’s well-being.

DFPS Rules, 40 TAC §700.1321(a)

See:

3 in 30 Resource Guide

Family Strengths and Needs Assessment (FSNA) Resource Guide

6241.1 Basic Description and Content of the Child’s Plan of Service

CPS September 2020

The Child’s Plan of Service (CPOS) outlines all the following:

  • Child’s identified needs.
  • Plans to address the identified needs.
  • Permanency goals and plans to achieve those goals.
  • Expectations for the child’s safety, supervision, educational, medical, dental, developmental, emotional, cultural, and social needs to be met.
  • Child’s trauma history, including any known sexual victimization history.
  • High-risk behavior, including any history of sexual aggression.
  • For children 14 and older, the expectations to meet the child’s needs regarding their transition to a successful adulthood.

The plan also identifies who is responsible for meeting the child’s needs and how the caseworker will support the placement.

The CPOS must indicate that the caregiver may make decisions about age-appropriate normalcy activities. These are activities in which a child who is not in the conservatorship of DFPS is generally allowed to participate, such as spending the night with a friend, engaging in community activities, going to birthday parties, or dating.

Texas Family Code §264.001

Texas Family Code §264.125

The caregiver makes these decisions based on the “reasonable and prudent parent standard.” This standard is defined as the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the child’s emotional and developmental growth. The caregiver considers all the following:

  • Overall health and safety of the child.
  • Child’s age, maturity, and development level.
  • Best interest of the child based on the caregiver’s knowledge of the child.
  • Appropriateness of a proposed activity and any potential risk factors.
  • Behavioral history of the child and the child’s ability to safely participate in a proposed activity.
  • Importance of encouraging the child’s social, emotional, and developmental growth.
  • Importance of providing the child with the most family-like living experience possible.

The caregiver may approve activities unless specifically prohibited by the caseworker and documented in the CPOS.

Texas Family Code §264.001

The CPOS must indicate whether the child or youth has been identified as a victim of or at risk of becoming a victim of human trafficking and, if so, specifically what services and supports are needed to assist the child or youth in this circumstance.

Social Security Act, Section 471(a)(9) (42 U.S.C. § 671(a)(9))

Medical and Dental History

When the CPOS is being developed or reviewed, the caseworker and caregiver must take the following actions:

  • Ensure that they each have copies of any medical and dental work the child obtained while placed with the caregiver.
  • Discuss the child’s medical and dental needs.
  • Discuss any recommended services and treatment, including the next due dates for the Texas Health Steps medical and dental checkups as well as the Child and Adolescent Needs and Strengths assessment.

See 6431 Child and Adolescent Needs and Strengths (CANS) Assessment and Family Strengths and Needs Assessment (FSNA).

The caseworker must incorporate this information into the CPOS and document it in the child’s case record.

Behavior Management and Discipline

The caseworker must ensure that the CPOS includes behavior management issues and any disciplinary requirements to address the child’s needs. If the child has a history of sexual aggression or sexual behavior problems, the recommended supervision and behavior plan are included in the CPOS.

The caseworker must use the CPOS as guidance in determining the child’s discipline and must ensure that discipline suits the child’s age, circumstances, and developmental needs.

See:

6422 Discipline

6422.2 Addressing Behavior Management and Discipline Issues

Appendix 6000-2: DFPS Discipline Policy

Runaway Prevention

If the child has a history of running away or has indicated a desire to run away, the caseworker must ensure that the CPOS includes efforts to prevent the child from running away.

The caseworker must include strategies for working with the child to prevent runaway behaviors. These strategies must be trauma-informed and support normalcy.

See 6461.11 Runaway Prevention and the Runaway Prevention Resource Guide for more information.

Life Skills

The CPOS must address life skills when:

  • The youth is age 14–16 and is in permanent managing conservatorship.
  • The youth is age 16 or older and is in temporary or permanent managing conservatorship.

When the youth meets one of the criteria above, the caseworker must take the following actions when the CPOS is being developed or reviewed:

  • Review the life skills assessment.
  • Identify the skills the youth has learned and needs to learn to prepare the youth for a successful transition to adulthood.
  • Document this in the CPOS with input from the youth, youth’s caregiver, and PAL staff.

See 10221 Life Skills Assessment.

6241.2 Child Plan of Service Types and Frequency of Reviews
6241.21 Initial Child’s Plan of Service

CPS May 2019

The caseworker does the following by the 45th day after the date DFPS removes a child:

  •  Completes the initial CPOS.

  •  Gets the supervisor’s approval of the initial CPOS.

See:

6241.4 Documenting and Approving the Child’s Plan of Service

6250 Permanency Planning Meetings (PPM) and its subitems

6241.22 Review of Child’s Plan of Service

CPS May 2019

The caseworker reviews and updates the CPOS based on the following:

  •  The child’s legal status.

  •  The child’s service level.

  •  Any significant changes in the child’s situation.

The supervisor approves each CPOS review.

If DFPS places the child with a contracted provider (such as a child placing agency or a residential treatment center), the caseworker coordinates with the provider to collaboratively update the CPOS. The caseworker participates in any service planning meetings that the provider holds.

When to Review the CPOS

The table below shows when the caseworker is required to do routine reviews of the CPOS.

Child’s Legal Status

Service Level

When to Review the CPOS

Temporary managing conservatorship (TMC)

Any level

  •  During the 5th month from the date DFPS removes the child

  •  During the 9th month from the date DFPS removes the child

  •  Every 4 months after that

Permanent managing conservatorship (PMC)

Basic

Every 6 months

Permanent managing conservatorship (PMC)

Moderate or higher

Every 3 months

Also, the caseworker updates the CPOS within 30 days when either of the following occurs:

  •  There is a significant change in the case.

  •  The permanency goal changes.

The caseworker continues to review and update the CPOS as long as the child remains in DFPS conservatorship or in extended foster care. The only exception to this requirement is when both of the following apply:

  •  DFPS has placed the child with a parent (such as when the child is in conservatorship but no longer in substitute care).

  •  A separate CPOS is no longer necessary because the Family Plan of Service (FPOS) addresses the child’s needs and services.

DFPS Rules, 40 TAC §700.1321(d)

See Federal Case-Planning Requirements in the Permanency Planning Resource Guide.

6241.23 Facility’s Meetings to Plan Services

CPS May 2019

The caseworker participates in any meetings that a licensed facility, such as a child placing agency or residential treatment center, conducts for planning the child’s services. The caseworker also facilitates the parent’s participation in these meetings.

6241.24 Adoption Plan

CPS May 2019

The caseworker completes an Adoption Plan in IMPACT within 30 days after DFPS places the child in an adoptive placement.

See 6950 Supporting and Consummating the Adoption and its subitems.

6241.25 Person Characteristics in IMPACT

CPS May 2019

The caseworker reviews and updates the child’s person characteristics in IMPACT when completing the initial CPOS and at every CPOS review. See Appendix 6241.25: Definitions of Person Characteristics for CPS.

6241.3 Participating in Development of the Child’s Plan of Service

CPS May 2019

The caseworker gives the following people an opportunity to participate in the development of the Child’s Plan of Service (CPOS):

  •  The child.

  •  The child’s parents, unless an exception applies (see 6242.31 Exceptions to Requirements for the Family Plan of Service).

  •  The parents’ attorneys.

  •  The caregiver.

  •  The case manager at the child placing agency or facility.

  •  Any relative or fictive kin (close family friend) who has expressed an interest, unless DFPS believes this person’s participation would make the child unsafe.

  •  Court Appointed Special Advocates (CASA).

  •  The child’s guardian ad litem.

  •  The child’s attorney ad litem.

A youth age 14 or older is allowed to invite at least two appropriate adults of the youth’s choosing (other than the DFPS caseworker or foster parent) to participate in the development of the CPOS. However, DFPS may refuse to allow a person to participate if DFPS thinks the person would not act in the youth’s best interest.

Definitions, Section 475, 42 U.S. Code 675

The caseworker and supervisor may involve others, based on the child’s needs, such as the following people:

  •  Other DFPS staff members, such as the following:

  •  Program director.

  •  Preparation for Adult Living (PAL) staff members.

  •  Developmental disability specialist (DDS).

  •  Professionals who treat the child, such as the following:

  •  Therapist

  •  Psychologist

  •  People who provide other support to the child and family, such as the following:

  •  Teachers

  •  Mentors

  •  Faith leaders

  •  Other people who have a stake in the child’s well-being, such as the following:

  •  Juvenile justice staff members.

  •  Supervisor of a child placing agency.

  •  Clinical director of a contracted provider (such as a child placing agency or residential treatment center).

DFPS Rules, 40 TAC §700.1321(d)

6241.31 Documenting Participation in the Development of the Child’s Plan of Service

CPS February 2017

The caseworker must document each individual’s participation in the Child’s Plan of Service (CPOS) development, including the date of participation. If a mandatory participant fails to participate, the caseworker documents the reason and all efforts made to facilitate the individual’s involvement. The caseworker must include documentation of participation as part of the plan of service.

6241.32 Distributing the Approved Child’s Plan of Service to Participants

CPS February 2017

The caseworker must provide all of the required participants, whether they participated or not, with a copy of the approved plan.

The caseworker must also provide all other participants with a copy.

Minimum Standards for Child Placing Agencies, 26 TAC §749.1321(c); §749.1311

After ensuring the Child’s Plan of Service (CPOS) is updated to reflect current information, the caseworker must distribute the CPOS to all of the mandatory participants listed in 6241.3 Participating in Development of the Child’s Plan of Service, whether they participated in the development of the plan.

In addition, the caseworker must provide a copy of the plan to any of the discretionary participants (such as family members, professionals, or volunteers who are, or will be, providing services or supports to the child or the child’s family) who participated in developing the plan.

Minimum Standards for Child Placing Agencies, TAC 26 §749.1321(c)

6241.4 Documenting and Approving the Child’s Plan of Service

CPS May 2019

Documenting the CPOS in IMPACT

The caseworker documents the Child’s Plan of Service (CPOS) in IMPACT.

The caseworker attaches the service plan from the contracted provider (such as a child placing agency or residential treatment center) to the CPOS as part of the child’s case plan.

Approving the CPOS

The supervisor approves the CPOS in IMPACT by the due date.

The program director annually approves the CPOS for a child who has either of the following situations:

  •  The child has a primary or concurrent goal of Another Planned Permanent Living Arrangement (APPLA).

  •  The child is in permanent managing conservatorship (PMC) without termination of parental rights.

6241.41 Changing or Revising the Permanency Goal

CPS February 2017

CPS reviews the permanency goals:

  •  when the child’s service plan is evaluated and updated;

  •  during permanency conferences or family group conferences;

  •  during permanency hearings; and

  •  as needed.

Staff must review the permanency goal no less than every 180 days.

DFPS Rules, 40 TAC §700.1205

The caseworker must update the child and family service plans within 30 days whenever the permanency goal changes.

6242 The Family Plan of Service (FPOS)

CPS May 2019

The caseworker must complete the Family Strengths and Needs Assessment (FSNA) before developing the Family Plan of Service. The FSNA identifies the critical needs that the Family Plan of Service will address.

See:

6330 The Family Strengths and Needs Assessment (FSNA)

Family Strengths and Needs Assessment Resource Guide

 

6242.1 Family Plan of Service Types
6242.11 Initial Family Plan of Service

CPS May 2019

The caseworker must complete the following steps:

  •  Work with each parent to develop an initial Family Plan of Service (FPOS).

  •  Obtain supervisor approval.

  •  File the plan with the court within 45 days of the first order naming DFPS as temporary managing conservator.

The caseworker completes an FPOS for each parent if:

  •  The parents do not live together.

  •  The parents live together but want or need separate plans.

If the parents live together and do not want or need separate plans, the caseworker may complete one FPOS for both parents.

The caseworker initiates services for the parent before developing the FPOS if both of the following are true:

  •  A court ordered the services, or the services are otherwise determined to be critical.

  •  The family agrees to participate in the services.

Texas Family Code §§263.101; 263.103

6242.12 Family Plan of Service Evaluation

CPS February 2017

The caseworker must complete the Family Plan Evaluation:

  •  in the fifth month that the child is in care;

  •  in the 9th month the child is in care; and

  •  every four months thereafter while CPS has temporary managing conservatorship (TMC) of the child.

The caseworker must also update the Family Plan of Service Evaluation within 30 days of a Safety Plan being completed and any time there is change in the household, such as the birth of a new baby.

6242.13 Family Reunification Family Plan of Service

CPS May 2019

The caseworker completes the Family Reunification (FRE) FPOS when:

  •   All children who have a permanency plan of Family Reunification return home. (The caseworker continues using the FPOS in the Family Substitute Care stage until all children return home.)

  •   The FRE stage has been opened in IMPACT.

The caseworker completes the FRE plan within 30 days of all the children returning home who have a permanency plan of Family Reunification. The caseworker must complete the FRE FPOS in collaboration with the parents.

If a safety plan is implemented during the delivery of services to a parent, the caseworker must add the details of the safety plan to the FPOS within 30 days of implementing the safety plan.

6242.2 The Family Plan of Service for Children Under Age Two

CPS February 2017

If a child is under age 2, the caseworker must consult with relevant professionals to determine the skills or knowledge that the parents should learn or acquire to provide a safe placement for the child. The caseworker must discuss this with the parents and ensure that those skills and knowledge are incorporated into the Family Plan of Service (FPOS) as appropriate.

Texas Family Code §263.102(f)

6242.3 Requirement for a Family Plan of Service

CPS February 2017

State and federal law obligate CPS to jointly develop a FPOS with each parent.

45 CFR §1356.21(g)(1)

Texas Family Code §§263.103(a), 263.104(a)

CPS must develop a Family Plan of Service (FPOS) for each parent, and include the parents in service planning for the child, for as long as the child is in substitute care or until one of the exceptions is met in 6242.31 Exceptions to Requirements for the Family Plan of Service.

Even if it is difficult to develop an FPOS with a parent (for example, an incarcerated parent or a parent who resides outside the jurisdiction), CPS must still develop an FPOS and include the parent in its development. Such situations may require additional engagement. One of the limited exceptions described in 6242.31 Exceptions to Requirements for the Family Plan of Service must be met in order for there to be no FPOS whatsoever.

The parents’ attorney must be invited to any meeting about Family Plan of Service development.

Texas Family Code §107.0131

6242.31 Exceptions to Requirements for the Family Plan of Service

CPS February 2017

CPS is not required to develop a Family Plan of Service (FPOS) for the parents, or include the parents in the development of the child’s plan of service, if:

  •  the child’s parents are unknown or cannot be found despite the exercise of due diligence, as outlined in 5233 Exercising Due Diligence to Locate Missing Parents and Other Relatives;

  •  the court has:

  •  issued a finding that the parent has subjected the child to aggravated circumstances;

  •  issued a finding that the child was abandoned without identification and the child’s identity cannot be determined; or

  •  terminated the parent’s parental rights.

  •  CPS has been named permanent managing conservatorship (PMC) without termination of parental rights and the caseworker has determined, in accordance with 6365 Reassessing Inactive Parents and Parents Unable to Provide a Safe Home When Parental Rights Have Not Been Terminated, that case planning with the parents may be discontinued.

If a parent executes an affidavit of relinquishment of parental rights, a family plan must remain active and the parent must be included in case planning, until that affidavit is entered into the court records and the parent’s parental rights are terminated.

6242.4 Developing the Family Plan of Service
6242.41 Family Participation in Developing the Family Plan of Service

The caseworker must inform each parent that:

  •  The parent is not legally obligated to sign the initial Family Plan of Service (FPOS) or begin services until the court makes the plan an order of the court.

  •  The parent has a right to ask the court to modify the FPOS.

  •  The parent can invite relatives and fictive kin to participate in developing the plan.

The caseworker must also take the following actions:

  •  Invite the parent’s attorney to participate in developing the FPOS and attend the meeting where the plan is developed.

  •  Use the Family Strengths and Needs Assessment (FSNA) as a tool to help the family prioritize tasks and services for the FPOS.

6242.42 Refusal to Cooperate

CPS May 2019

If the caseworker makes concerted efforts to engage each parent in service planning and the parent refuses to cooperate, the caseworker must develop the family’s service plan without the parent.

The caseworker must document in the plan the:

  •  reasons for the parent’s lack of participation; and

  •  caseworker’s attempts to secure the parent’s participation.

After completing the family’s service plan, the caseworker must ask the parent to sign it and give the parent a copy of the plan, whether the parent is willing to sign. However, the plan does not take effect unless the parent signs it or the plan is made an order of the court. See 5520 The Family’s Service and Visitation Plans: Filing and Review Requirements .

Texas Family Code, §263.103

DFPS Rules, 40 TAC §700.1321

6242.5 Content of the Family Plan of Service

CPS May 2019

The Family Plan of Service must address the danger indicators and risk factors that make it unsafe for the child to return home and behavior changes necessary to provide long-term safety for the child.

The tasks and services must have specified time frames for completion.

Unless safety is an issue, the tasks and services in the plan must encourage contact, visitation, and other relationship-building activities that may include parent’s attendance at medical appointments, school events, or other activities involving the child. If safety is an issue, the caseworker must clearly document safety issues in the case file and provide tasks and services to mitigate the safety concerns in the plan.

Staff must request that the contents of the service plan, including the request for the payment of child support, be made an order of the court at the status hearing.

If the caseworker suspects that a parent has an intellectual or developmental disability and needs help finding services, the caseworker must consult with the developmental disability specialist. See the Working with Persons with Disabilities Resource Guide.

6242.6 Documenting and Approving the Family Plan of Service

CPS May 2019

Once the plan is developed, the caseworker must take the following actions:

  •  Record the plan in IMPACT.

  •  Document who participated in the development of the plan.

The supervisor, or designee, must approve the plan in IMPACT.

The Family Plan of Service (FPOS) is completed when the supervisor approves it. However, the initial plan does not take effect until the parent signs it, or it has been made an order of the court.

CPS must provide a copy of the approved FPOS to the parent and the attorney, if the parent has one.

6242.7 Reviewing the Family Plan of Service

CPS February 2017

The caseworker must review the Family Service Plan monthly to determine whether the issues that placed the child at risk have been sufficiently resolved for the child to return home safely.

Before the initial permanency hearing, the caseworker must evaluate whether to:

  •  reunite the child with the family;

  •  continue providing services with a view toward reuniting the child with the family on or before the 12th month; or

  •  select another permanency planning goal.

6242.8 Updating the Family Strengths and Needs Assessment (FSNA)

CPS May 2019

The caseworker must complete a Family Strengths and Needs Assessment (FSNA) before updating the Family Plan of Service (FPOS) evaluation. The supervisor must approve the FSNA in IMPACT before the caseworker completes the FPOS.

See Family Strengths and Needs Assessment (FSNA) Resource Guide.

6243 Services to Parents Who Live Outside of the Country

CPS February 2017

If a parent lives outside the U.S., the service plan must reflect the services available in the parent’s community. A service plan should not require a parent to enter the U.S. to participate in a service, unless a parent can legally do so. As with any parent, the service plan should focus on specific issues the parent must address to safely care for the child in question.

To find out about available services in Mexico, caseworkers must contact the CPS border liaison staff or the CPS immigration specialists who work closely with Mexican consular staff.

For other countries, information about available social services may be available on the Internet (search for government agencies for child protection, substance abuse and related issues) from foreign consul representatives, or the International Social Services office. CPS immigration specialists are also available to assist in this process.

6250 Permanency Planning Meetings (PPM)

6251 Overview of Permanency Planning Meetings

CPS May 2019

A permanency planning meeting (PPM) is a meeting that combines people and ideas from different fields and backgrounds. It engages the following people in case planning:

  •  Parent.

  •  Child.

  •  Other family members.

  •  Attorneys and other people whom the court specifies.

  •  Other people who have a stake in the child’s well-being.

  •  Other professionals.

  •  Caregiver.

  •  Other people in the community who provide support for the family.

Participants also review progress toward the goal of providing safety, permanency, and well-being for the child.

The purpose of a PPM is to do the following:

  •  Identify the child’s permanency goal.

  •  Identify any barriers to achieving the child’s permanency goal.

  •  Develop strategies and determine actions to achieve the child’s permanency goal.

DFPS Rules, 40 TAC §700, Subchapter L

Timing of Permanency Planning Meetings

The initial PPM occurs within 45 days after DFPS removes a child. The participants develop the initial Family Plan of Service (FPOS) and visitation plan during the initial PPM.

Permanency planning meetings should also occur at the following times, to the greatest extent possible:

  •  Before scheduled permanency hearings.

  •  After a significant update to the child’s permanency goal.

  •  As soon as possible after a final court order naming DFPS as permanent managing conservator of a youth age 16 or older whose permanency goal is Another Planned Permanent Living Arrangement (APPLA), and any time after that, if there has been no progress toward achieving positive permanency for the youth.

Types of Permanency Planning Meetings

There are three types of permanency planning meetings, as follows:

  •  Family Group Conference (FGC).

  •  Permanency conference (PC).

  •  Circle of Support (COS).

For an initial PPM, the FGC is the preferred type of meeting.

All subsequent PPMs should be an FGC when possible. DFPS holds a PC instead when it is not possible or appropriate to hold an FGC. The conference focuses on finding, and placing the child in, a permanent placement.

6251.1 When CPS Is the Temporary Managing Conservator

CPS February 2017

In cases where CPS has temporary managing conservatorship (TMC), a Permanency Planning Meeting must 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, including:

  •  by the 45th day that the child has been in care (known as the first-month conference); and

  •  by the time the child has been in care for five months, unless:

  •  the child has been placed, or is about to be placed, permanently,

  •  a permanency planning review is not needed, and

  •  a program director has approved.

DFPS Rules, 40 TAC §700.1212

6251.2 When CPS Is Permanent Managing Conservator

CPS February 2017

When CPS has permanent managing conservatorship (PMC), a Permanency Planning Meeting must 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, including:

  •  within three months after CPS receives permanent managing conservatorship, if the child is in a placement that is not intended to be permanent; and

  •  annually thereafter, if the child is still in a placement that is not intended to be permanent.

6251.3 Written Notice of a Permanency Planning Meeting

CPS February 2017

The caseworker must send or give appropriate notice of each permanency planning meeting (PPM) to the required participants. See 6251 Overview of Permanency Planning Meetings to determine who is a required participant for each type of permanency planning meeting.

The caseworker must notify the child’s parents and the foster parents of the PPM at least two weeks before the scheduled meeting.

Minimum Standards for Child-Placing Agencies, 26 TAC §§749.1313; 749.1337

While the caseworker should send notice of permanency planning meetings to all possible participants, the caseworker must provide notice of the meetings to the:

  •  child (if aged 7 or older);

  •  child’s caregiver;

  •  child’s parents and the parents’ attorney, unless an exception applies, as described in 6242.31 Exceptions to Requirements for the Family Plan of Service:

  •  child’s attorney ad litem;

  •  child’s guardian ad litem; and

  •  child’s CASA worker (if the child has a CASA worker and the worker is different than the guardian ad litem).

The caseworker must document in the child’s case record:

  •  who was notified about the meeting; and

  •  who participated in the review.

6251.4 Permanency Planning Meeting

CPS February 2017

At a Permanency Planning Meeting, the facilitator must:

  •  review the reasons for removal and the special needs of the child and family that were identified;

  •  identify any barriers to achieving a timely permanent placement for the child and develop strategies and actions to meet that goal;

  •  ask the family about support systems and recommendations for addressing the needs identified;

  •  review the tasks and services that have been set up; and

  •  ensure that the persons involved understand the service plan, their commitment to the child, and the time frames for resolution of the court hearing to establish a permanent placement for the child.

Siblings

When the child has siblings, caseworkers must address the following issues in Permanency Planning meetings and the Child’s Plan of Service. The caseworker must discuss and document:

  •  diligent efforts to reunite siblings in placement;

  •  the type and frequency of contact between siblings placed with different caregivers;

  •  the need and type of therapeutic intervention for maintaining sibling relationships; and

  •  specific issues needed to reunite siblings for the purpose of adoption if the permanency goal becomes adoption and siblings are placed separately.

6251.5 Fifth-Month Permanency Planning Meeting

CPS February 2017

A fifth-month permanency planning meeting must:

  •  review the progress made in addressing the issues identified in the family service plan;

  •  identify any barriers to achieving a timely permanent placement for the child and develop strategies and actions to meet that goal; and

  •  review the CPS recommendations for the initial permanency court hearing to be held in the sixth month that the child is in care.

6251.6 Issues to Address if DFPS Has PMC

CPS May 2022

If DFPS has permanent managing conservatorship (PMC), DFPS must hold a permanency planning meeting (PPM) at least annually for a child who is not in a placement that is intended to be permanent. DFPS may also hold a PPM at any other time in the case, when necessary.

The PPM must address all of the following:

  • Circumstances that may have changed for any family member, relative, or fictive kin (such as a close family friend).
  • Changes in a caregiver’s willingness or appropriateness to care for the child.
  • Efforts that are being pursued to achieve permanency for the child or address existing barriers to permanency.
  • Efforts being made to preserve or develop the child’s relationships with the child’s siblings, parents, extended family, and other caring adults who are significant in the life of the child.
  • Efforts being made to help the child develop and build potential new relationships with family and other caring adults who could be significant in the life of the child.
  • Efforts being made to build or strengthen a network of adults who are significant to the child and can support the child after DFPS is no longer involved.
  • Issues related to a youth’s plans for transitioning to a successful adulthood and the use of a Circle of Support conference for the youth, if the youth is 14 years old or older.
  • Issues related to discharging the child or youth from care, if discharge is imminent.

DFPS must consider changing the permanency goal to Family Reunification if both of the following are true:

  • The child is not in an adoptive placement or another placement that is intended to be permanent (such as a kinship placement where the goal is to transfer PMC to the kinship caregiver).
  • One or both of the child’s parents had their parental rights terminated two or more years ago. 

If the permanency goal is changed, DFPS files a petition to reinstate the parent’s parental rights. See 6230 Factors to Consider When Planning for Permanency and its subitems and 5590 Reinstatement of Parental Rights and its subitems.

6252 Permanency Planning Meetings for Youth 14 and Older

CPS May 2019

A youth age 14 or older attends permanency planning meetings (PPMs) to develop or enhance the youth’s plans for transitioning to successful adulthood. This transition includes exploring permanency options and expanding and strengthening the youth’s support network.

DFPS schedules the first meeting shortly after the youth turns 14 and conducts meetings annually. DFPS allows the youth to invite at least two appropriate adults (other than the DFPS caseworker or foster parent) of the youth’s choosing to each PPM. However, DFPS may refuse to allow a person to participate if DFPS thinks the person would not act in the youth’s best interest.

Age 16 and Older

A Circle of Support (COS) meeting is the preferred type of meeting for a youth age 16 or older.

6252.1 Reviewing and Documenting a Youth's Plan for Transitioning to Successful Adulthood

CPS July 2023

For youth age 14 or older in conservatorship, DFPS documents, reviews, and updates plans for the youth to transition to successful adulthood in the Child’s Plan of Service (CPOS). This occurs at the following times:

  • At each review of the CPOS.
  • Within the time frames described in the table below.

Youth’s Situation

Earliest Acceptable Date

Latest Acceptable Date

Turning 18 (whether leaving DFPS care or not)

90 days before the youth’s 18th birthday

The day before the youth’s 18th birthday

Leaving extended foster care

90 days before the day the youth leaves extended foster care

The day before the youth leaves extended foster care

Topics to Discuss with the Youth

In preparation for the permanency planning meeting (PPM) or during the development of the youth’s CPOS, the caseworker discusses the following with the youth:

  • The youth’s hopes, dreams, worries, and strengths.
  • The youth’s plans for the following:
    • Support network.
    • Education.
    • Health (including medication management, if applicable).
    • Permanency (see 6212 Permanency Planning for more information).
    • Housing.
    • Money management.
    • Transportation.
    • Employment.

Before or during the PPM or review of the youth’s CPOS, the caseworker provides the youth with information about the following:

  • Local housing costs
  • Housing resources
  • Available housing assistance

Texas Family Code §264.121

If the youth is placed in a residential treatment center, the caseworker must develop goals with the youth that assist in preventing the youth from aging out of foster care while in a residential treatment center.

The caseworker discusses and evaluates these goals with the youth every month.

DFPS Rules, 40 TAC §700.1311

See 6241.1 Basic Description and Content of the Child’s Plan of Service and its subitems.

6260 Permanency Roundtables (PRT)

CPS February 2017

A Permanency Roundtable (PRT) is an internal case consultation designed to identify strategies to attain permanency for a youth in permanent managing conservatorship (PMC). For a child to have a PRT the child or youth must be:

  • in CPS PMC;
  • in a placement that is not intended to be permanent; and
  •  
  • at least six years old or be a part of a sibling group with at least one child over the age of six.
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