Child Protective Services Handbook Revision May 4, 2009

This revision of the Child Protective Services Handbook was published on May 4, 2009. Summaries of new or revised items are provided below.

4th Amendment Decision: Procedure for Removing a Child (PATS 2372, 2473, 2472)

The CPS handbook is being revised to address a recent court ruling and the emphasis on 4th Amendment rights and exigent circumstances. See the following new items:

2600 Removing a Child From the Home

2610 Overview of Removing a Child From the Home

2620 Evaluate the Need for Removal

2630 Obtain Approval for Removal

2640 Determine the Basis of Authority for Removing a Child

2641 Types of Court Orders

2642 Definitions of Terms (Exigent Circumstances and Imminent Danger)

2650 Document the Removal of a Child

2660 Provide Notice and Information

2670 Provide Information to the Child, Parents, and Caregiver at the Time of Removal

2671 Information Provided to the Parents at the Time of Removal

2672 Information Provided to the Child at the Time of Removal

2673 Information Provided to the Caregiver at the Time of Removal

2680 Select a Substitute Caregiver at the Time of Removal

The items below have been removed:

2600 Intake and Investigation in Child-Care Facilities Under the Authority of DFPS

2610 Respective Responsibilities of CCL and CPS

2611 Referrals to Licensing

2612 Referrals from Licensing

2620 Reports Involving CPS Foster Family, Foster Group, and Preconsummation Adoptive Homes

2621 Notification about Investigative Findings Involving Children in DFPS's Managing Conservatorship

6120 When a Child Is Removed From a Home

6121 The Decision to Remove the Child

6121.1 Deciding to Remove the Child

6121.2 Providing Notice and Information

6121.3 Documenting the Parents' Recommendations on Caregivers

6121.4 Obtaining Information During Removal

6121.41 The Child

6121.42 The Family and Relatives

6121.43 American Indian Heritage

6121.5 Providing Follow Up Services

6121.6 Documenting a Child's Removal and Opening the SUB Stage

6122 Selecting a Substitute Caregiver at the Time of Removal

Cross-references have been updated or removed from the items below:

2140 Screening, Accepting, and Reviewing Reports Before Investigation

2142 Taking the Report

2223.31 Documentation of Removal, Initial Placement and Medical Consenter

2224.41 Preliminary Investigations Closed for Statutory Reasons

2234.32 Assessing the Family’s Response to Child-Safety Issues

2235.52 Children Are at Risk

2273.8 Special Notification Requirements

2300 Special Intake and Investigative Activities

2311.4 While in Licensed Placement

2371 Casework-Related Special Requests

3140.1 Constitutional Requirements for Family Based Safety Services and Family Reunification Cases

3145.3 Documenting the Level of Service or Closing Without Offering Services

3152.1 Transferring From Family-Based Safety Services to Substitute Care

3153 Removals After Reunification

3171 Immediate or Short-Term Protection

3312.3 Determining Whether to Seek Court-Ordered Services or Removal

3322.3 Determining Whether to Seek Court-Ordered Services or Removal

3332.3 Determining Whether to Seek Court-Ordered Services or Removal

3410 Purpose of FRS

5230 Court-Ordered Removal after a Full Adversary Hearing

6310 The Placement Process for Initial and Subsequent Placements

6318.1 Selecting a Subsequent Caregiver

6322.41 Steps in the Home Assessment Process

6323.3 Residential Group-Care Facilities

6323.4 Emergency Shelters

6573 When a Child Dies

6861 Investigations of Abuse and Neglect in Adoptive Homes

7700 Abuse and Neglect in Foster Family, Foster Group Homes, and Pre-Consummated Adoptive Homes