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4280 Determining Refusal to Assume Parental Responsibility in CPS Reports

SWI Policy and Procedures July 2015

Refusal to assume parental responsibility (RAPR) is characterized as the failure of the parent or caretaker to arrange for the care of a child returning home after being absent from the home for any reason, including having been in residential placement or having run away.

Texas Family Code §261.001(4)(c)

4281 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)

SWI Policy and Procedures May 2015

Youth in the custody of the Texas Juvenile Justice Department (TJJD) may not have an appropriate home to which they can return upon release from the TJJD facility. TJJD staff attempt to find family members or other appropriate placement for these children upon release. If TJJD staff are unable to find such a placement, they request assistance from CPS in locating other appropriate persons to whom the youth can be released.

4281.1 Requests For Placement Assistance From TJJD Received By Phone

SWI Policy and Procedures May 2015

If the request for placement assistance is made by phone the intake specialist inquires as to:

  •  when the youth will be released;

  •  what attempts have been made for release planning; and

  •  reasons that a release plan has not been established.

Requests for placement assistance are made 90 days or less from the date of release. The requests are assessed as an intake if abuse or neglect is present or a CRSR if not. The examples below are not all inclusive and professional judgment must be used.

An intake would be appropriate in these situations:

  •  A parent has moved out of state and refuses to let the child return to the home or make other living arrangements for the child.

  •  The parent says that the child cannot return home because the TJJD youth has abused a child who still lives in the home. However, the parents have not made other arrangements for the care of the TJJD youth.

  •  Release plans have been made, but on the day of release no one comes to pick up the child.

A CRSR – Request for Local Public Service would be appropriate in these situations:

  •  The child’s parent or guardian (such as a grandparent or other relative) is in jail and cannot care for the child.

  •  The child’s grandmother had legal custody of the child prior to placement in a TJJD facility, but has died while the child was in placement.

A request received when the release date is 91 days or more from the date of the report is documented as an I&R – Clearly Not Reportable, Child; which is then saved and closed.

Documentation of TJJD Request Received by Phone

In either type of report (intake or CRSR), the intake specialist enters the following statement in the Conclusion section of the Narrative page. The name of the child and the release date are provided by the reporter.

TJJD is requesting CPS placement assistance for (name of child). Release Date: xx-xx-xx. CPS Regional Juvenile Justice Liaison must be contacted.

Where to Route the Intake or CRSR

If a parent or guardian of the child is identified and a locating address or county in Texas is provided, the CRSR is routed to the county in which the parent or guardian resides.

If no locating information for the parents or guardians is provided, or the locating is out-of-state, the CRSR is routed to the county where the youth is currently residing.

4281.2 Requests For Placement Assistance From TJJD Received Through The Internet (E-Reports)

SWI Policy and Procedures May 2015

TJJD staff can make a request for placement assistance through the e-report system. Such requests do not contain any information about abuse or neglect.

The e-report report contains the following statement in the narrative:

TJJD is requesting CPS placement assistance for (name of child). Release Date: xx-xx-xx. CPS Regional Juvenile Justice Liaison must be contacted.

Youth’s Release is 90 Days Away or Less

A request for assistance made when the child’s release date is 90 days away or less from the date of the report is assessed as a CRSR – Request for Local Public Service.

  •  If a parent or guardian of the child is identified and an address or county in Texas is provided, the CRSR is routed to the county in which the parent or guardian resides.

  •  If no locating information for the parent or guardian is provided, or the locating is out-of-state, the CRSR is routed to the county where the youth is currently residing.

Youth’s Release is More Than 90 Days Away

A request received when the release date is 91 days or more from the date of the report is documented as an I&RClearly Not Reportable, Child; which is then saved and closed.

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