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1475 Retention of Case Records Related to Foster and Adoptive Homes

1475.1 Retention of Foster and Adoptive Case Records

CPS 96-8

Rule

The Texas Department of [Family and Protective Services (DFPS)] maintains case record information for foster homes or adoptive homes through [DFPS's] automated systems and in paper form. When the case record retention period has elapsed, [DFPS] permanently removes the case information from [DFPS's] automated systems and destroys the paper case record in a manner that does not jeopardize confidentiality. When a foster or adoptive home case record is closed, the retention and destruction policies specified in this section apply. However, if there are concerns about the family, the supervisor may approve an extension of the retention of the case information for up to 20 years.

  •  Records are kept for three years after the last case action, unless an extension is granted when the home:

  •  has an inquiry-only status; or

  •  is closed after [DFPS] has received an application from the family but before [DFPS] has made a decision about whether to verify and/or approve the home.

  •  Records are kept for five years after the last case action, unless an extension is granted when the home:

  •  is closed and no placement is made;

  •  is a foster home that is closed, and placements have been made in the past; or

  •  is an adoptive home that is closed after a disrupted adoptive placement and no subsequent placements are made with the adoptive family.

  •  Records are kept permanently when an adoptive home is closed in which placements are made and the adoption is consummated. The family record is consolidated with the child's record.

DFPS Rules, 40 TAC §700.113

Management Policy

For more information about consummated adoptive homes, see Item 1476.

The retention classifications for these type cases for paper records and in CAPS are as follows:

Type Home

Retention Case Type*

Definition

Retention Period

Foster Home

Foster Home — Inquiry Only (FHI)

Foster, foster/adopt or legal risk foster homes that had an Inquiry-only status or were closed after DFPS received an application from the family but before DFPS made a decision about whether to verify or approve the home.

3 years**

Foster Home

Foster Home Record (FHR)

Approved foster, foster/adopt or legal risk foster homes with no placements or all placements have been ended.

5 years**

Adoptive Home

Adoptive Home — Inquiry Only (AHI)

Adoptive homes that had an Inquiry-only status or were closed after DFPS received an application from the family but before DFPS made a decision about whether to verify or approve the home.

3 years**

Adoptive Home

Adoptive Home Record (AHR)

Approved adoptive homes with no placements or which were closed after a disrupted adoptive placement and no subsequent placements were made with the family.

5 years**

Adoptive Home

Adoptive Home —Consummated (AHC)

Adoptive home in which the adoption has been consummated.

Permanent***

  *  The retention case type used on the Records Retention window on CAPS and to classify closed paper records is the same as the Record Series Title used in the Records Retention Schedule.

 **  Can be extended for up to 20 years — see above.

*** "Adoptive Home — Consummated" records are microfilmed as a part of the adoption records.

1475.2 Retention of Post-Adoption Services Case Records

CPS 96-8

Rule

Post-adoption case records are retained permanently.

DFPS Rules, 40 TAC §700.114

Management Policy

The above rule applies to post-adoption cases involving children DFPS placed in adoption whose adoption is consummated, and the adoptive family/child is receiving adoption subsidies or other post-adoption services. The CAPS and paper case record retention case type for post-adoption cases involving children formerly in our conservatorship is "Adoption (AHC)."

A post-adoption case can also be created from a casework-related special request concerning an adoptive family requesting a subsidy or post-adoption services for children who were not in our conservatorship. The CAPS and paper case record retention case type for post-adoption cases not involving children in our conservatorship is "Post-Adoption Record (PAR)."

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