8250 Court-Related Services — Preparing for Judicial Determination
8251 Definitions
CPS November 2006
Department of Homeland Security (DHS) — The federal agency that prevents terrorist attacks, reduce the nation's vulnerability to terrorism, and minimizes damage from potential attacks and natural disasters.
Special Immigrant Juvenile Status (SIJS) — A step toward lawful, permanent residency for undocumented alien children under juvenile court jurisdiction, which will entitle them to federal foster care benefits.
Provider witness — a CPS contractor or provider who is asked to testify at a trial, deposition, or mediation; for example, a therapist who treats a child or the child's parents under an already existing contract with DFPS.
• In-area — A provider witness who is asked to testify in the local area that he was originally contracted to work in.
• Out-of-area — A provider witness who is asked to testify outside the local area that he was originally contracted to work in, either elsewhere in the region or in another region.
Expert witness — Someone other than a provider witness, who has an area of expertise and is asked to testify at a trial, deposition, or mediation. Examples include a child's private therapist whose services were paid by the child's parents, or an outside expert testifying on a particular topic, such as Munchausen syndrome by proxy.
8252 Requesting Court-Related Services
CPS November 2006
A worker may request one or more of court-related services if the service is legally necessary and appropriate for the well-being, safety, or permanency of the child.
Available court-related services include, but are not limited to:
• paying subpoenas and related witness fees;
• serving citations (local or out-of-state; by publication or other means);
• providing for testimony of a provider witness (in-area or out-of-area);
• paying travel costs for a provider witness (out-of-area).
In-area travel costs for a provider witness are already included in the hourly rate paid to the provider.
• reproducing records, such as medical, and non-Texas birth certificates;
• providing paternity testing;
• paying court reporter costs for depositions and transcripts;
• providing for the testimony of an expert witness and paying related travel costs;
• providing mediation; and
• providing for Special Immigrant Juvenile Status (SIJS) or U.S. Citizenship and Immigration Services (USCIS) fees.
8253 Obtaining Court-Related Services
CPS November 2006
The following table explains how to obtain court-related services for a client and what additional duties are required:
| Service: |
Obtaining Court-Related Services: |
Additional Responsibilities: |
|---|---|---|
Subpoenas and related witness fees. |
• Contact the local court clerk where the subpoena is to be issued to determine the proper method for issuance. • No contract is required. |
• Instruct any court clerk located in Texas that DFPS is exempt from these fees pursuant to Human Resources Code §40.062. • If the clerk persists in charging for this service, instruct the clerk to submit a bill to the local CPS unit. • Sign the bill to verify that the service was ordered and completed. • Forward the bill to the regional attorney to request an exemption from the fee, or • Forward the bill to the contract manager for payment. |
Service of citation (local or out-of-state; by publication or other means). |
• Contact the local court clerk where the service of citation is to be issued to determine the proper method for issuance. • Make sure the attorney representing DFPS approves of the wording of any citation to be published. • No contract is required |
• Instruct any court clerk located in Texas that DFPS is exempt from these fees pursuant to Human Resources Code §40.062. • If the clerk persists in charging for this service, instruct the clerk to submit a bill to the local CPS unit. • Sign the bill to verify that the service was ordered and completed. • Forward the bill to the regional attorney to request an exemption from the fee, or • Forward the bill to the contract manager for payment. |
Testimony of a provider witness, in-area or out-of-area. |
• Send a completed referral to the provider, including a Form 2054. • For complete instructions, see 8161.1 Active Cases — Authorizing, Extending, or Terminating Direct Services |
To authorize additional units of service, or extend or reauthorize the service, follow the procedures in, 8161.1 Active Cases — Authorizing, Extending, or Terminating Direct Services |
Travel costs for a provider witness, out-of-area. |
• The provider witness should document any allowable out-of-area travel costs and provide the documentation. • If not familiar with allowable costs, contact the contract manager. |
• If the costs are allowable, follow the regional procedures for processing. • If not familiar with regional procedures for processing, contact the contract manager. |
Reproduction of records (such as medical records and out-of-state birth certificates). |
• Contact the person who has the records and request copies. • No contract is required. |
• Instruct the person who has the records to forward the bill to the local CPS unit; • Sign the bill to verify that the record was ordered and received; and • Forward the bill to the contract manager for payment. |
Paternity Testing. |
• Contact the contract manager to determine whether an agreement with the Office of the Attorney General or some other contract already exists for paternity testing. • If no agreement or contract exists, the contract manager determines how to arrange for testing. • If a contract exists, send a completed referral to the provider, including a Form 2054. For complete instructions, see 8161.1 Active Cases — Authorizing, Extending, or Terminating Direct Services |
None |
• Court reporter costs for depositions. • Court reporter costs for transcripts. • Testimony of an expert witness. • Travel costs for an expert witness. |
Before obtaining these services: • Verify with the attorney representing the agency or a regional attorney that the service is legally necessary; and • Get regional approval that program has funds to pay for the service. Once verification and approval are obtained, work with the regional attorney's office and the contract manager to obtain the service. Travel costs for an expert witness may be included in the hourly rate for professional services may be negotiated separately. |
• Instruct the appropriate person to submit the bill to the local CPS unit; • Sign the bill to verify that the service was ordered and received; and • Forward the bill and the previous verification and approval to the contract manager for payment. |
Mediation. |
• Prior supervisory approval is required to order mediation. • If mediation is approved, contact the contract manager to obtain the service. |
Follow any instructions given by the contract manager. |
Special Immigrant Juvenile Status (SIJS) or DHS fees. |
• Verify with the regional attorney or other attorney handling the immigration issue for the child that the fee is legally necessary for SIJS. • No contract is required. • A check made out to DHS should be obtained from the county child welfare board or DFPS. |
• When the case is ready to be filed take the check to DHS. • The regional attorney or other attorney handling the immigration issue for the child should have already been involved to prepare the case for filing. |
8254 Using IMPACT
CPS November 2006
To authorize services, workers must enter the following details into the IMPACT case management system:
IMPACT Field: |
IMPACT Entry: |
|---|---|
Stage |
INV, FPR, SUB, FSU, FRE, ADO |
Category |
Legal |
Service |
Court-related Services |
Unit of Service |
Deliverable |
Service Code |
86H |
IMPACT Field: |
IMPACT Entry: |
|---|---|
Stage |
SUB, ADO |
Category |
Legal |
Service |
Paternity Testing |
Unit of Service |
Test |
Service Code |
98Y |
IMPACT Field: |
IMPACT Entry: |
|---|---|
Stage |
FPR, SUB, FSU, FRE, ADO |
Category |
Legal |
Service |
Mediation |
Unit of Service |
Hour |
Service Code |
98U |
IMPACT Field: |
IMPACT Entry: |
|---|---|
Stage |
SUB, ADO |
Category |
Legal |
Service |
Sp. Juv. Immig. Fees |
Unit of Service |
Deliverable |
Service Code |
98Z |