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Appendix 5241: List of Legal Statuses

CPS June 2014

Below are the terms offered in the drop-down menus on the Legal Status page in the IMPACT system. The caseworker selects the appropriate item to describe a case’s legal status.

Legal status in IMPACT refers to the legal position of DFPS in relation to a child.

Active Legal Status

Description

Care, Custody, & Control

Child has been removed due to exigent circumstances, but no hearing has been held and no written court order has been obtained.

TMC

TMC (Temporary Managing Conservatorship) is a court-ordered temporary relationship between a child and a managing conservator (in IMPACT this always refers to DFPS).

It is obtained when a Judge signs a temporary order giving the agency conservatorship, which may be at an ex-parte Hearing, an adversary hearing, or a show cause hearing. (In some situations, the judge will sign the order without having a full hearing, but this would usually be considered an ex parte hearing for documentation purposes.)

Temporary means that there has not been a final trial and one or both of the parents still retain their parental rights to the child.

PMC/ Rts Not Term

PMC (Permanent Managing Conservatorship) is a court ordered relationship between a child and a managing conservator (DFPS) resulting from a final trial. Rts Not Term means that the parental rights have not been severed by a court as the result of a final trial. 

PMC/ Rts Term (All)

PMC/Rts Term (All) means that as the result of a final trial the court has ordered a relationship between a child and a managing conservator (DFPS) and the court has severed the parental rights of both parents. In this case the child is eligible for adoption.

PMC/ Rts Term (Father)

PMC/Rts Term (Father) means that as the result of a final trial the court has ordered a relationship between a child and a managing conservator (DFPS) and the court has severed the parental rights of the father and not the mother. In this case the child is not eligible for adoption.

PMC/ Rts Term (Mother)

PMC/Rts Term (Mother) means that as the result of a final trial the court has ordered a relationship between a child and a managing conservator (DFPS) and the court has severed the parental rights of the mother and not the father. In this case the child is not eligible for adoption.

Possessory Conservatorship

Possessory Conservatorship can be either temporary or permanent (after a final trial). It is a court ordered relationship between a child and a parent, relative, or fictive kin. DFPS is not named possessory conservator. A possessory conservator has fewer parental rights than a managing conservator and those rights are specifically outlined in the court’s order.

Other Legal Basis

Use if conservatorship does not apply; primarily used for Case Related Special Request (CRSR) cases; this would include C-PB, C-TYC, and C-JPC stage situations.

 

Closing Legal Status

 

CVS Not Obtained

Use if DFPS is dismissed from the lawsuit at the time of, or prior to, the Adversary Hearing.

FPS Responsibility Terminated

Use if DFPS is dismissed from the lawsuit after the Adversary Hearing or if a youth turns 18 while in DFPS conservatorship.

Adoption Consummation

Use if a child’s adoption is consummated in court.

Child Emancipated

Use if a child is emancipated by a court prior to turning 18.

 

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