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6800 Special Circumstances

6810 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance

CPS February 2017

A child may qualify for treatment through DSHS when it is determined that the child:

  •  has a severe emotional disturbance; and

  •  the parents’ refusal to allow a child to remain in or return to the child’s home is based solely on the parents’ inability to obtain mental health services for the child.

For additional information, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.

6811 Discussing the Option of Joint Temporary Managing Conservatorship

CPS February 2017

If CPS removal appears necessary, the investigation caseworker must discuss with the parent the option of asking the court to appoint CPS and the parent to be Joint Temporary Managing Conservators (JMC) of the child, unless CPS determines it would not be in the best interests of the child to have joint conservatorship.

The investigation caseworker must also discuss the option with the parent in post adoption conservatorship services under 6961 Post Adoption Substitute Care Services, if the child was adopted from CPS.

6811.1 Determination of Joint Temporary Managing Conservatorship

CPS February 2017

The caseworker must not discuss joint temporary managing conservatorship of the child with the parents until the supervisor and program director have approved:

  •  the removal of the child; and

  •  the caseworker going forward with a discussion of joint temporary managing conservatorship with the parents.

If CPS makes a decision to discuss joint temporary managing conservatorship with the parents, and a parent is interested, the caseworker must discuss with the county or district attorney whether to include this request in the petition.

If the county or district attorney declines to file for CPS-parent joint temporary managing conservatorship, the caseworker must staff the case with the regional attorney.

6811.2 Documenting the Discussion

CPS February 2017

The caseworker must document the following in the narrative in the family substitute care stage (FSU) stage in IMPACT whether:

  •   joint temporary managing conservatorship was discussed with the parent; and

  •   the parent wanted joint temporary managing conservatorship, and if not, why not.

6820 CPS Youth and Juvenile Justice

CPS February 2017

When a youth in CPS conservatorship becomes involved with the juvenile justice system, CPS does not relinquish conservatorship. All the regular casework activity continues. A referral for a Local Permanency specialist may be needed.

The youth’s caseworker works cooperatively with law enforcement, juvenile justice officials, and the youth’s caregiver to plan appropriately for the youth. A youth placed in both CPS conservatorship and the juvenile justice system needs coordinated and cooperative services from both systems. Staff should contact the CPS regional juvenile justice liaisons for assistance as needed.

The circumstances under which a youth in CPS conservatorship may become involved with the juvenile justice system include the following:

  •  a brief or extended detainment in a county juvenile detention center before an adjudication hearing on charges;

  •  adjudication and placement in the custody or probation of a local or county juvenile probation department (JPD); or

  •  adjudication and placement in the custody or parole of the Texas Juvenile Justice Department (TJJD).

For more information about juvenile justice and contacts, see the Juvenile Justice section of the CPS Intranet.

6821 Pre-Adjudication Detention

CPS February 2017

CPS youth can be detained briefly in one of the state’s local and county juvenile detention centers before an adjudication hearing. The caseworker works with the juvenile detention staff to either pick up the child for CPS placement (current or new one) or prepare for the 10 day detention hearing(s) pending the adjudication hearing.

6821.1 IMPACT Living Arrangement and Medicaid Eligibility Issues

CPS February 2017

If the youth will be returning to the foster care provider after the detention center placement and CPS has agreed to continue making payments during the absence to “hold the bed,” staff should not enter the detention center placement in IMPACT.

The CPS caseworker must contact the eligibility specialist to end the foster care or Medicaid eligibility and follow the policy for temporary absences as discussed in 1537 Foster Care Payments During Absences From the Foster Care Home or Facility, and for those 18 and older as discussed in 10424 Temporary Absences From Extended Foster Care.

If the youth will not be returning to the foster care provider and CPS is not making payments during the absence from the foster care provider to hold the bed, the caseworker must end the previous placement and record the detention center placement.

See the Juvenile Justice Resource Guide for the process.

6821.2 Legal Status and Legal Action in IMPACT

CPS February 2017

For pre-adjudication situations, there is no new entry for IMPACT’s Legal Status.

Under Legal Action, the only entry staff would make would be to record the 10-day detention hearings under Legal Actions Special Orders: Other, and explain in Comments.

6821.3 Medical Payment Issue for Non Medicaid CPS Youth in JPD placements

CPS February 2017

For pre-adjudication situations, the local or county juvenile probation departments (JPDs) that run the juvenile detention centers have asked parents to pay for a child’s medical expenses while the child is in detention awaiting trial. CPS is not able to pay more than Medicaid can cover. Once the Medicaid is denied, coverage goes until the end of the month, or in some cases until the end of the following month. CPS consults with the foster care eligibility specialist as needed to confirm coverage.

As specific problems develop, CPS staff should also consult with the regional CPS juvenile justice liaisons and well-being specialists.

6822 When a Youth Is in JPD Custody or on JPD Probation

CPS February 2017

When a youth in CPS managing conservatorship is placed in juvenile probation department (JPD) custody or on probation, the caseworker must continue to perform case management responsibilities, outlined in 6400 Services to Children in Substitute Care. The caseworker consults with the regional the CPS regional juvenile justice liaison as needed. Refer to the Juvenile Justice Resource Guide or the Juvenile Justice section of the CPS Intranet.

Documenting in IMPACT

When a youth is adjudicated in a juvenile hearing, the caseworker must record the hearing and outcome under Legal Action in IMPACT.

6822.1 Providing Medical Care to Youth Adjudicated to JPD Custody or Probation

CPS February 2017

JPD Custody

If a youth in CPS conservatorship is placed in the custody of a local or county juvenile probation department (JPD), the county is responsible for providing the youth’s medical and dental care. However, some counties limit such responsibility to annual exams or an emergency situation.

If the youth is placed in a secure juvenile probation institution that is used primarily to detain delinquent youth (a facility designed to prevent the youth from leaving for reasons other than the youth’s safety), the youth’s eligibility caseworker must ensure that the youth’s foster care assistance and Medicaid are suspended.

The caseworker works with the assigned juvenile facility worker to ensure that the child’s medical needs are being met. If there are medical needs that the local or county JPD state they will not cover, the Juvenile Justice Resource Guide.

JPD Probation

When a youth is placed on probation and CPS resumes responsibility for placing the youth in a suitable living arrangement, CPS re-determines the youth’s eligibility for foster care and re-establishes the youth’s Medicaid benefits.

6822.11 Serving as Medical Consenter

CPS February 2017

When a youth in CPS conservatorship is placed in the custody of a local or county juvenile probation department (JPD), the youth’s caseworker must continue to follow the CPS medical consent policy. See 11100 Medical Consent.

When the court designates CPS as the medical consenter, CPS maintains the designation of medical consenter; the designation does not transfer to the local or county JPD. Similar to when a youth in CPS conservatorship is placed in residential treatment centers (RTCs), CPS caseworkers must be available to participate in medical activities when necessary.

6823 Coordinated Service Planning

6823.1 Contact Information

CPS February 2017

In the local or county juvenile probation department (JPD) system, a different case manager is assigned when a youth is moved from one JPD facility to another or is placed on probation. The youth’s CPS caseworker must maintain up-to-date contact information on the assigned JPD case manager/probation officer and likewise provide the JPD case manager or probation officer with up-to-date contact information for the CPS caseworker and supervisor.

6823.2 CPS and JPD Casework

CPS February 2017

During this period, juvenile probation department (JPD) staff and CPS staff both have casework responsibilities regarding the youth. CPS staff makes efforts with JPD staff to coordinate planning and the provision of services. This includes attending and participating together in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.

The caseworker consults with the regional the CPS regional juvenile justice liaison as needed on these issues.

6824 Court Hearings

6824.1 Permanency Hearings

CPS February 2017

A youth in juvenile probation custody or on probation must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused by the court.

The youth may attend the hearings:

  •  in person;

  •  by telephone; or

  •  by videoconference.

Texas Family Code §263.302

6825 Addressing Other Juvenile Probation-Related Issues

CPS February 2017

When CPS youth are in juvenile probation department placements, they remain eligible for CPS services such as service and transition planning, Circles of Support, PAL information, etc. How these are provided will depend on the setting.

If there are other problems or issues related to a youth’s placement in juvenile probation department (JPD) custody or on probation, the youth’s caseworker contacts the CPS regional juvenile justice liaison for assistance.

For additional information on available services, see the Juvenile Justice Resource Guide.

Extended Foster Care, Extended Court Oversight, and Return to Care

A youth in DFPS conservatorship who turns 18 years of age in JPD custody or while on probation is eligible to:

  •  request Extended Foster Care (before aging-out of care);

  •  have a trial independence period from DFPS care with extended DFPS court oversight; or

  •  return for Extended Foster Care (after aging-out of care).

See 10000 Services to Older Youth in Care.

6830 When a Youth Is in TJJD Custody in a Secure Facility or on TJJD Parole

CPS February 2017

When a youth in CPS managing conservatorship is placed in TJJD custody or on TJJD parole, the caseworker must continue to perform case management responsibilities, outlined in 6400 Services to Children in Substitute Care.

Documenting in IMPACT

When a youth is adjudicated and committed to TJJD, the caseworker must record the hearing and outcome and TJJD Involvement under Legal Action in IMPACT.

6831 General Procedures When Youth Are Committed to the TJJD Secure Facility Program

CPS February 2017

When a court commits a youth in CPS conservatorship to the custody of the Texas Juvenile Justice Department (TJJD) for violating a Texas law punishable by a prison or jail sentence, the following occurs:

  •  The CPS caseworker must contact the CPS regional Juvenile Justice liaison to discuss appropriate procedures.

  •  The CPS case remains open. The court may not dismiss the case if in permanent status, unless:

  •  the youth turns 18, doesn’t sign Form 2540 Voluntary Extended Foster Care Agreement, and the trial independence period has ended;

  •  the youth becomes adopted; or

  •  an individual is granted permanent managing conservatorship of the youth.

  •  CPS retains conservatorship and all of the standard responsibilities of conservatorship, including:

  •  holding monthly face-to-face visits and making other contact with the youth;

  •  ensuring that the youth receives appropriate services; and

  •  developing a transition plan for the youth.

As the youth’s conservator, CPS is granted the parental rights identified in the TJJD Parents’ Bill of Rights.

6831.1 Providing Medical Care to Youth in TJJD Custody or on TJJD Parole

CPS February 2017

Texas Juvenile Justice Department (TJJD) Custody

If a youth in DFPS conservatorship is placed in TJJD custody, TJJD is responsible for making provisions for the youth to receive medical and dental care. The caseworker works with the assigned TJJD worker to ensure that the child’s medical needs are being met. If there are medical needs that TJJD will not cover, see the Juvenile Justice Resource Guide.

If the youth is placed in a secure TJJD institution or secure halfway house (that is, in a facility designed to prevent the youth from leaving), the youth’s eligibility caseworker ensures that the youth’s foster care assistance and Medicaid are suspended.

If TJJD subsequently places the youth in a TJJD-contracted placement (that is, in a facility not designed to prevent youth from leaving), TJJD contracts with the facility to provide for the youth’s medical needs by applying for Medicaid (standard Medicaid, not Medicaid provided through Star Health).

TJJD Parole

When a youth is placed on TJJD parole and CPS has retained conservatorship through-out the period of parole, CPS resumes responsibility for placing the youth in a suitable living arrangement.

Serving as Medical Consenter

When a youth in DFPS conservatorship is placed in TJJD custody, the youth’s caseworker must continue to follow the DFPS medical consent policy. See 11100 Medical Consent.

When the court has designated DFPS as the medical consenter, DFPS maintains the designation of medical consenter; the designation does not transfer to TJJD. Similar to when a youth in DFPS conservatorship is placed in residential treatment centers (RTCs), CPS caseworkers must be available to participate in medical activities when necessary.

6832 Coordinated Service Planning

6832.1 Contact Information

CPS February 2017

In the local or county Texas Juvenile Justice Department (TJJD) system, a different case manager is assigned when a youth is moved from one TJJD facility to another or is placed on probation. The youth’s CPS caseworker must maintain up-to-date contact information on the assigned TJJD case manager or probation officer and likewise provide the TJJD case manager/probation officer with up-to-date contact information for the CPS caseworker and supervisor.

6832.2 CPS and TJJD Casework

CPS February 2017

During the time a youth is moved from one Texas Juvenile Justice Department (TJJD) facility to another or is placed on probation, TJJD staff and CPS staff both have casework responsibilities regarding the youth. CPS staff makes efforts with TJJD staff to coordinate planning and the provision of services. This includes attending and participating together in meetings and conference calls concerning the youth and may include joint visits with the youth and with the youth’s family, as appropriate.

The caseworker consults with the regional the CPS regional juvenile justice liaison as needed on these issues.

For specific procedures that have been developed with TJJD, see TJJD CPS Procedures.

6833 Permanency Hearings

CPS February 2017

Thirty days before a youth’s permanency hearing before final order or permanency hearing after final order, the CPS caseworker must send Form 2904 TJJD Court Review Hearing Notification to the following:

  •  the Texas Juvenile Justice Department (TJJD) caseworker;

  •  the appropriate TJJD administrator:

  •  the superintendent in the case of a TJJD institution or halfway house;

  •  a quality assurance administrator in the case of a TJJD contracted placement; or

  •  a parole supervisor or administrator in the case of TJJD Parole;

  •  the TJJD state office liaison; and

  •  the CPS regional Juvenile Justice liaison.

The CPS caseworker must confirm by e-mail or phone that the TJJD caseworker has received the notice. If the caseworker is unable to confirm receipt with the TJJD caseworker, the caseworker must confirm with the TJJD superintendent, QA administrator, or TJJD parole supervisor. The TJJD should send the CPS caseworker information to use in preparing the Permanency Court Report. See the Juvenile Justice Resource Guide.

Upon receipt of the TJJD report and other information obtained, the youth’s CPS caseworker must complete the Permanency Court Report and send a copy to the required parties and the court no later than the 10th day before the date of the permanency hearing.

Texas Family Code §§263.303(a); 263.502(a)

6833.1 Attendance at Permanency Hearings

CPS February 2017

A youth in Texas Juvenile Justice Department (TJJD) custody in a secure facility or on TJJD parole must attend review hearings held to discuss permanency and placement issues, unless the youth is specifically excused.

The youth may attend the hearings:

  •  in person;

  •  by telephone; or

  •  by videoconferences.

Texas Family Code §263.302

6834 Addressing Other TJJD-Related Issues

CPS February 2017

When CPS youth are in TJJD placements, they remain eligible for CPS services such as service and transition planning, Circles of Support, PAL information, etc. How these are provided will depend on the setting.

If there are other problems or issues related to a youth’s placement in TJJD custody or on TJJD parole, the youth’s caseworker contacts the CPS regional Juvenile Justice liaison for assistance.

For additional information on available services, see the Juvenile Justice Resource Guide.

Extended Foster Care, Extended Court Oversight, and Return to Care

A youth in DFPS conservatorship who turns 18 years of age in Texas Juvenile Justice Department (TJJD) custody or while on TJJD parole is eligible to:

  •  request Extended Foster Care (before aging-out of care);

  •  have a trial independence period from DFPS care with extended DFPS court oversight; or

  •  return for Extended Foster Care (after aging-out of care).

See 10000 Services to Older Youth in Care.

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